CHAPTER 418

FORMERLY

SENATE BILL NO. 551

AN ACT TO AMEND CRAFTER 215. VOLUME 64, LAWS OF DELAWARE ENTITLED "AN ACT TO REINCORPORATE THE CITY OF HARRINGTON", AS AMENDED, RELATING TO POLICE DEPARTMENT, BUDGETARY PROCEDURES, FIXING OF TAX RATE AND CONDEMNATION FOR WATER AND SEWER SYSTEMS.

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 23, Chapter 215, volume 64, Laws of Delaware, as amended, by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows:

Section 23. Police Department

A. Number, Salaries and Powers

There shall be a City Police Force, the number thereof and their salaries shall be determined by Council. They shall preserve peace and order, and compel obedience within the City Limits and within one mile outside of said limits, to the ordinances of the City and the Laws of the State. They shall have such other duties as Council shall prescribe and pass down through the City Manager. Each member of the force shall be vested with the power and authority, as prescribed by law.

B. The Chief of Pollee

There shall be a Chief of Police who shall become an employee of the City as selected by the City Manager and approved by the Personnel Committee, as herein provides. The Chief of Police shall be the supervising officer of the Police Department under the directives and control of the City Manager. No member of Council or the Mayor shall, during his term of which he is elected, be chosen as Chief of Police.

Appointment to and Removals from the Police Force by the City Manager

The City Manager shall be responsible to the Council for the proper administration of all affairs of the Police Department, and to that end, except as otherwise provided herein, he shall have the power to seek applications, interview applicants, select and recommend the applicant he feels most qualified for service In the Police Department and present such application along with his written recommendations on all applicants to the personnel Committee for their review and action. All such appointments shall be without definite term. Employees of the Police Department including the Chief of Police are under the authority of the City Manager and may be removed by hint at any time. the employee shall have the right to appeal, of his dismissal. to the Personnel Committee of Council.

C. Council not to interfere with Appointments or Removals of the City Manager

Neither the Council or any of its members; except those members of Council appointed to the Personnel Committee when performing the duties of the Personnel Committee as set forth in Section 12 of this Charter, shall direct or request the appointment of any person to, or his removal from office by the City Manager, or in any manner take part in the appointment or removal of employees in the service of the Police Department under the charge of the City Manager. Except for the purpose of inquiry, the Council and its members shall deal with matters dealing with the Police Department solely through the City Manager, and neither Council or any member thereof shall give orders to any member of the Police Department under the charge of the City Manager either publicly or privately; provided, however, in the event of any emergency, where the City Manager or the officer in charge is not available, the Mayor or any member of Council may give direct orders to any member of the Police Department until such time that the emergency situation is abated.

D. Duties of City Manager and Responsibility to Council

E. It shall be the duty of the City Manager to make such recommendations to the Council concerning the affairs of the Department as may seem to him desirable: to keep Council informed of the future needs of the Department; to prepare and submit W the Council such reports u may be required by that body; and to perform such other duties as may be prescribed by this Charter or required of him by ordinance or resolution of Council."

Section 2. Amend Section 22 G, Chapter 215, Volume 64, Laws of Delaware, as amended, by inserting after the second sentence the following:

"He shall have charge of the Police Department."

Section 3. Amend Section 25, Chapter 215, Volume 64, Laws of Delaware, as amended, by striking the first and second lines in their entirety and inserting in lieu thereof the following:

"The Council shall on or before the first day of June of each year and upon adoption of that next fiscal year budget determine the amount of money to be raised for the general purposes for the next fiscal year not exceeding ten (10%)".

Section 4. Amend Section 30, Chapter 215, Volume 64, Laws of Delaware, as amended, by inserting after the first sentence, a new sentence to read as follows:

"The Budget for the ensuing fiscal year shall be approved by Council on or before the first day of June of each year in conjunction with the determination of the tax limit under Section 25."

Section 5. Amend Section 48, Chapter 215, Volume 64, Laws of Delaware, as amended, by striking the last sentence in said section and Inserting in lieu thereof the following:

"The proceedings, in addition to condemnation, under this section shall be the same as prescribed in Section 45 of this Charter with regards to the laying of new streets, and the resolution or ordinance referred to in said section shall be modified to cover the case contemplated by this present section."

Section 6. Amend Section 49, Chapter 215, Volume 64, Laws of Delaware, as amended, by striking the fourth sentence in said section and inserting in lieu thereof the following:

"The proceedings, in addition to condemnation, under this section shall be the same as prescribed in Section 45 of this Charter with regards to the laying of new streets, and the resolution or ordinance referred to in said section shall be modified to cover the case contemplated by this present section."

Approved July 3, 1986.