CHAPTER 343

FORMERLY

HOUSE BILL NO. 612

AN ACT TO AMEND CHAPTER 42, VOLUME 53, LAWS OF DELAWARE, AS AMENDED, ENTITLED AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD" TO PROVIDE FOR THE APPOINTMENT OF THE CITY MANAGER AND THE ASSISTANT CITY MANAGER FOR AN INDEFINITE TERM, TO PROVIDE FOR THEIR REMOVAL, TO PROVIDE FOR THE APPOINTMENT AND DISMISSAL OF EMPLOYEES BY THE CITY MANAGER, TO PROVIDE FOR THE APPOINTMENT OF THE CHIEF OF POLICE AND FOR THE OPERATION OF THE POLICE DEPARTMENT.

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 Subsection (A), Section 15, Chapter 42, Volume 53, Laws of Delaware, as amended, by striking out the words "City Manager" and "Assistant City Manager" as they appear therein.

Section 2. Amend Section 15, Chapter 42, Volume 53, Laws of Delaware, as amended, by adding thereto new Subsections (D) and (E) which shall read as follows:

"(D) The Mayor, by and with the consent of a majority of the elected members of the City Council shall appoint a City Manager who shall be the Chief Administrative Officer of the City and who shall be appointed for an indefinite term. The Mayor may also appoint an Assistant City Manager. Either the City Manager or the Assistant City Manager, or both of them, may be removed by a majority vote of all the elected members of the City Council. Al least thirty (30) days before such removal shall become effective, the City Council shall, by a majority vote of all its elected members, adopt a preliminary resolution stating the reasons for the removal of either the City Manager or the Assistant City Manager, or both of them. Either the City Manager or the Assistant City Manager, or both of them, may reply in writing and may request a hearing, said request to be received by the Mayor within ten (10) days after the adoption of the said preliminary resolution. The hearing shall be held not earlier than twenty (20) days nor later than thirty (30) days after the request for the hearing is received by the Mayor. After such hearing, if one be requested, and after full consideration, the City Council, by a majority vote of all its elected members, may adopt a final resolution of removal. By the preliminary resolution, the Mayor and City Council may suspend the City Manager or Assistant City Manager, or both of them, from duty but shall, in any case, cause to be paid to the person or persons so removed any unpaid balance of his salary.

(E) The City Manager shall be responsible to the Mayor and City Council for the proper administration of the affairs of the City placed in his charge, and to that end he shall have the power to appoint and remove all officers and employees of the City, except the Chief of Police, who shall be appointed as hereinafter set forth. All appointments made by the City Manager shall be without definite term. All such employees appointed by the City Manager, or by his authorization, may be removed by him at any time. He shall exercise his sole discretion in the appointment or hiring of any such employees. The city Manager shall be the sole judge of the competence or incompetence of any such person appointed or hired by him. The Mayor and City Council shall sit as a Board of Appeal for the protection of City employees at those times when the Mayor and a majority of all the elected members of the City Council arc agreed that a review of the action of the City Manager in the discharge or removal of any person from the employment of the City would be in the best interest of the City. The decision of the Mayor and City Council in such case shall be final and conclusive."

Section 4. Amend Subsection (E), Section 16, Chapter 52, Volume 53, Laws of Delaware, as amended, by striking Sulaseetion (E) in its entirety and substituting in lieu thereof a new Subsection (E), which shall read as follows:

"(E) The Mayor shall, on the first day of his term, or as soon thereafter as is convenient, but in no event later than thirty (30) days after taking office, appoint sonic suitable person by and with the consent of a majority of the elected members of the City Council to act as Chief of Poliee for an indefinite term. The Chief of Poliee and the members of the Police Department shall be subject to the direction of the City Manager, acting on behalf of the Mayor. The Chief of Police, as chosen, shall serve at the pleasure of the Mayor and shall be the head of the Police Department and shall reecive such compensation as the Mayor and City Council shall fix."

Approved July 8, 1982.