CHAPTER 343

FORMERLY

SENATE BILL NO. 431

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11, DELAWARE CODE BY ADDING A NEW CHAPTER 93 RELATING TO POLICE CHIEF DUE PROCESS.

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 I. Amend Title I1, Delaware Code by adding a new Chapter 93 to read as follows

"CHAPTER 93. POLICE CHIEF DUE PROCESS

§9301. Police Chief Removal; Right to Public Hearing.

No Chief of Police or Police Superintendent of a legislatively authorized Police Department within this State, excluding municipalities with a population greater than 50,000, shall be dismissed unless there is a showing of just cause and such person has been given notice In writing of the specific grounds for such dismissal and an opportunity to be heard in his own defense, personally and/or by counsel, at a public hearing before the elected governing body of the jurisdiction. Such public hearing, unless otherwise specified by charter, shall be held not less than five nor more than 30 days after such notice."

Approved July 12, 1988