HOUSE BILL NO. 522
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 170, VOLUME 57, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE CITY OP LEWES," BY AMENDING THE PROCEDURE FOR MAKING APPOINTMENTS TO THE POLICE FORCE.
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. Subsection (a), Section 24, Chapter 170, Volume 57, Laws of Delaware, is amended by striking out the first two sentences of Subsection (a), and substituting in lieu thereof the followings
"The Director of Public Safety shall make such appointments to the Police Force consisting of a Chief of Police and such members or subordinates as the City Council may deem wise. If no Director of Public Safety is to be appointed by the City Council, the Chief of Pollee shall be appointed by the City Council. All members of the Police Force shall be hired for an indefinite term and may be removed by the Director of Public Safety at any time, unless otherwise provided by resolution of the City Council. He shall exercise his sole discretion in the appointment or hiring of any Police Officer The City Council shall sit as a Board of Appeal to review the removal of any Police Officer pursuant to rules and regulations adopted by the City Council. If no Director of Public Safety has been appointed by the City Council pursuant to Section 40 of this Charter, or If the Director of Public Safety is unavailable for any reason, or if the Office of Director of Public Safety is vacant for any reason, the Chief of Police shall be appointed by the City Council and any action authorized or empowered to be taken by the Director of Public Safety shall be taken by the Chief of Police. If the Chief of Police is appointed by the City Council, he shall serve at the pleasure of the City Council and may be removed by a majority vote of all the elected members of the City Council. At least thirty (30) days before such removal shall become effective, the City Council shall, by a majority vote of all the elected members thereof, adopt a preliminary resolution stating the reason for his removal. The Chief of Police may reply in writing and may request a hearing which shall be held not less than twenty (20) days nor later than thirty (30) days after the filing of the request. Any such hearing shall be private, unless the request is made by the Chief of Police for the hearing to be public. After the hearing, if one be requested, and after full consideration, the City Council, by a majority vote of all the elected members thereof, may adopt a final resolution of removal. By the preliminary resolution, the City Council may suspend the Chief of Police from duty, but shall cause him to be paid forthwith any balance of his salary due at the time of the adoption of the preliminary resolution."
Approved April 20, 1982.