HOUSE BILL NO. 54
AN ACT TO AMEND CHAPTER 277, VOLUME 49, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO RE-INCORPORATE THE TOWN OF LAUREL" TO PROVIDE FOR THE APPOINTMENT OF THE CHIEF OF POLICE FOR AN INDEFINITE TERM.
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 23, Chapter 277, Volume 49, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "Chief of Police" as the same appear in Paragraph 6 of said Section.
Section 2. Section 30, Chapter 277, Volume 49, Laws of Delaware, as amended, be and the same is hereby further amended by adding at the end of the first Paragraph thereof the following:
The Mayor of the Town of Laurel shall appoint a Chief of Police. The person so appointed by the Mayor shall not take office until he is confirmed by an affirmative vote of a majority of all the elected members of the Town Council. The Chief of Police shall hold office for an indefinite term and may be removed by a majority vote of all the elected members of the Town 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 Chief of Police 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 Town Council, by a majority vote of its members, may adopt a final resolution of removal. By the preliminary resolution, the Town Council may suspend the Chief of Police from duty with or without salary, as set forth in the preliminary resolution. No person shall be appointed to the office of Chief of Police 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 Chief of Police shall be responsible for the administration of the affairs of the Police Force placed in his charge and to that end he shall have the power to appoint and remove all members of the Police Force as authorized by ordinance or resolution of the Town Council. All appointments made by the Chief of Police shall be without definite term. All such members of the Police Force appointed by the Chief of Police may be removed by him at any time. The Town Council of the Town of Laurel shall sit as a Board of Appeal for the protection of the members of the Police Force at those times when a majority of all the members of the Town Council are agreed that a review of the action of the Chief of Police in removing a member of the Police Force would be in the best interests of the Town of Laurel. The decision of the Town Council of the Town of Laurel in such cases shall be final and conclusive.
Approved April 3, 1973.