HOUSE BILL NO. 347
AN ACT TO AMEND AN ACT BEING CHAPTER 277, VOLUME 49, LAWS OF DELAWARE, ENTITLED "AN ACT TO RE-INCORPORATE THE TOWN OF LAUREL" TO PROVIDE FOR THE APPOINTMENT OF AN ALDERMAN AND AN ASSOCIATE ALDERMAN; TO ESTABLISH LIMITS OF JURISDICTION; TO PERMIT THE REMOVAL OF THE ALDERMAN AND ASSOCIATE ALDERMAN AND PROVIDING FOR DISPOSITION OF BOOKS AND RECORDS UPON REMOVAL.
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 26, Chapter 277, Volume 49, Laws of Delaware, be and the same is hereby amended by striking out all of said Section 26 and substituting in lieu thereof a new Section 26 to read as follows:
"Section 26 - Alderman and Associate Alderman
The Mayor shall appoint some suitable person to act as Alderman and may appoint not more than two (2) suitable persons to act as Associate Aldermen. Any person appointed by the Mayor to serve as Alderman or Associate Alderman shall be at least twenty-one (21) years of age, shall be of good character and reputation, and shall not be a member of The Mayor and Council of Laurel.
Any person appointed by the Mayor to serve as Alderman or Associate Alderman shall be appointed by the Mayor for an indefinite term and any such appointment shall be confirmed by a majority of all members of the Town Council. Either the Alderman or the Associate Alderman may be removed from office at any time by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council of Laurel.
Before entering upon the duties of office, the persons appointed by the Mayor to serve as Alderman and Associate Alderman shall be sworn or affirmed by the Mayor to perform the duties of office honestly, faithfully, and diligently and to uphold and enforce the Charter of the Town of Laurel and Ordinances duly enacted by the Mayor and Council of the Town of Laurel made pursuant to any law of the State of Delaware. The Associate Alderman shall perform the functions of the Alderman if the Alderman is unavailable. During such periods, the Associate Alderman shall have all the powers and duties of the Alderman. In addition, the Alderman and Associate Alderman shall carry into effect all orders of Mayor and Council of the Town of Laurel made pursuant to any law of the State of Delaware.
The Mayor and Council of Laurel shall procure a suitable record for the use of the Alderman and the Associate Alderman. Such record shall be known as the 'Alderman's Docket.' The Alderman and the Associate Alderman shall each record all official acts and proceedings in the 'Alderman's Docket.'
The Alderman and the Associate Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the corporate limits of the Town of Laurel, fine and imprison offenders for any offense, penalty or forfeiture prescribed by the Charter of the Town of Laurel and any Ordinance enacted thereunder, of all neglects, omissions or defaults of any town officer, agent, or employee; provided however, that neither the Alderman nor the Associate Alderman shall impose any fine in excess of two hundred dollars ($200.00) nor imprison any offender for more than sixty (60) days except as otherwise provided in this Charter. The Alderman and the Associate Alderman may, in addition to any fine or term of the imprisonment permitted to be assessed or imposed, impose and collect such costs as are set by ordinances enacted by the Town Council; provided, however, that no cost shall be imposed which is in excess of that which may be imposed by a Justice of the Peace for like service.
The Alderman and the Associate Alderman shall prepare and submit a monthly report to the Mayor and Council of the Town of Laurel reporting all fines and penalties imposed during the preceding calendar month and shall remit, not later than the tenth (10th) day of the month, to the Town Manager all fines and costs collected by him during the preceding calendar month.
If any Alderman or Associate Alderman shall be removed from office as hereinbefore provided, he shall deliver to the Town Manager, within two (2) days after his removal from office all the books and papers belonging to his office, and shall pay over to the Town Manager all funds In his hands within five (5) days after receiving the notice of his removal from office.
Immediately after the receipt of the books and papers belonging to the office of either Alderman or the Associate Alderman, the Town Manager shall require the auditor of the Towr,appointed as hereinafter provided, to make an audit of the books and papers of the official so removed from office. Upon the neglect or failure to deliver all the books and papers to the Town Manager within the time specified by this Charter, or to pay over all the funds to the Town Manager within the time specified, the Alderman or Associate Alderman, so removed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined no less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each day that he fails to deliver the books and papers to the Town Manager or to pay over all funds to the Town Manager."
Approved February 11, 1982.