CHAPTER 112

FORMERLY

SENATE BILL NO. 259

AN ACT TO AMEND SECTION 1104, ARTICLE XI, OF THE CHARTER OF THE CITY OF NEWARK, DELAWARE, BY REMOVING THE PROHIBITION AGAINST POLITICAL ACTIVITY BY PERSONS HOLDING UNPAID APPOINTIVE CITY POSITIONS.

WHEREAS, Section 1104 of the Charter of the City of Newark provides that no person who holds an appointive position in the City may contribute to political campaigns for offices in City government, or take part in such political campaigns, or take part in any political campaign whatsoever within the City boundaries; and

WHEREAS, this provision severly deters the acceptance of unpaid appointive positions by qualified persons; and

WHEREAS, no conflict of interest exists insofar as unpaid appointive positions are concerned; and

WHEREAS, it was not the legislative intent, when the Charter was adopted, to prohibit political activity on the part of persons holding unpaid appointive positions:

NOW, THEREFORE:

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. Amend Section 1104, Article XI, of the Charter of the City of Newark, Delaware, by deleting therefrom the fifth paragraph in its entirety and substituting therefor a new paragraph to read as follows:

"No person who holds any paid appointive City position shall make, solicit or receive, or be in any manner concerned in the making, soliciting or receiving of any assessment, subscription or contribution to any candidate for public office in the City government, nor shall any such person take part in any political campaigns for said offices."

Section 2. This amendment to the Charter shall be filed with the Secretary of State and with the Director of the Legislative Council (formerly Legislative Reference Bureau) pursuant to the provisions of Section 836, Title 22, Delaware Code.

Approved July 7, 1981.