CHAPTER 582

FORMERLY SENATE BILL NO. 731

AN ACT TO AMEND AN ACT BEING CHAPTER 277, VOLUME 49, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF LAUREL" TO DELETE THE OFFICE OF TOWN CLERK, SUBSTITUTE IN LIEU THEREOF THE OFFICE OF TOWN 'MANAGER, AND TO PROVIDE FOR THE APPOINTMENT OF A TOWN MANAGER.

Be it enacted by the General Assembly of the State of Delaware ( two-thirds of all members elected to each house thereof concurring therein):

Section 1. Section 24, Chapter 277, Volume 49, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "Town Clerk" as the same appear in the title of said Section and substituting in lieu thereof the words "Town Manager".

Section 2. Section 23, Chapter 277, Volume 49, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "Town Clerk" as the same appear in Paragraph 6 of said Section.

Section 3. Section 24, Chapter 277, Volume 49, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the first paragraph of said Section 24 and substituting in lieu thereof the following:

"The Mayor of the Town of Laurel shall appoint a Town Manager who shall be the Chief Administrative Officer of the Town. The person so appointed by the Mayor shall not take office until he shall be confirmed by an affirmative vote of a majority of all the members of the Town Council. The Town Manager shall hold office for an indefinite term and may be removed by a majority vote of all the elected members of the Council. At least thirty (30) days before such removal shall become effective, the Council shall by a majority vote of all its members, adopt a preliminary resolution 'stating the reasons for his removal. The Town Manager may reply in writing and may request a public

hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Council by a majority vote of its members, may adopt a final resolution of removal. By the preliminary resolution, the Council may suspend the Manager from duty with or without salary as set forth in the preliminary resolution. No person shall be appointed to the Office of Town Manager of the Town of Laurel if he is at the time of his appointment holding the office of Mayor of the Town of Laurel or the office of Councilman of the Town of Laurel. The Town Manager shall have such qualifications as shall be determined by Council. The Town Manager shall be responsible for the proper administration of the affairs of the Town placed in his charge and to that end he shall have the power to appoint and remove all employees of the Town as authorized by Ordinance or Resolution of the Council. All appointments made by the Town Manager shall be without definite term. All such employees appointed by the Town Manager or by his authorization, may be removed by him at any time. The Town Council of the Town of Laurel shall set as a Board of Appeal for the protection of the Town employees at those times when a majority of all the members of the Town Council are agreed that a review of the action of the Town Manager in removing an employee would be in the best interest of the Town of Laurel. The decision of the Town Council of the Town of Laurel in such cases shall be final and conclusive. The Town Manager shall give corporate bond to the municipal corporation in an amount fixed by the Town Council, conditioned for the faithful performance of his duties, the payment to the Town of all money coming into his hands as Town Manager from whatever source derived, and in the event of his death, resignation or removal from office, the delivery to his successor of all papers, books, records and other property of the Town in his hands or under his control."