CHAPTER 68

FORMERLY

SENATE BILL NO. 182

AN ACT TO AMEND CHAPTER 339, VOLUME 62, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF SMYRNA".

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section1. Amend Section 5, Chapter 339, Volume 62, Laws of Delaware, by deleting the same in its entirety and in place thereof, inserting a new Section 5 as follows:

"Section 5. Board of Assessment.

(a) The Town shall have a Board of Assessment, the members of which shall have the same qualifications as members of Council.

(b) The Board shall consist of one member, except that every third year, beginning in 1996, the Board shall consist of three (3) members.

(c) The members of the Board of Assessment shall be approved by the Mayor, subject to confirmation by the Council.

(d) The term of office for each member shall be one (1) year commencing the date of his appointment and continuing until his successor has been duly appointed and qualified.

(e) The members of the Board of Assessment, before entering upon the duties of their office, shall be sworn or affirmed by the Mayor or Vice-Mayor to faithfully and impartially perform the duties of their office.

(1) Members of the Board of Assessment shall each receive such reasonable compensation as the Council shall fix.

(g) Vacancies; Forfeiture of Office.

(1) Vacancies. Any seat on the Board of Assessment shall become vacant forthwith upon death, resignation, or forfeiture of office.

(2) Forfeiture of Office. A forfeiture of office shall occur when any member of the Board of Assessment:

(i) lacks, at any time during his or her term of office, any qualification for the office prescribed by this Charter or by law; or

(i) is convicted of any felony or any crime involving moral turpitude; or

(ii) is physically,, mentally, or emotionally incapable of performing the function of his or her office.

Forfeiture proceedings shall be as provided for the Mayor and Council members in Section 3, Subsection (d) of this Charter.

(3) Filling Vacancies. Where any vacancy occurs in any seat on the Board of Assessment, such vacancy shall be filled by appointment of Council for the residue of that term."

Section 2. Amend subparagraph 3, paragraph (a), Section 7, Chapter 339, Volume 62, Laws of Delaware, by deleting the same in its entirety and in place thereof inserting the following:

"(3) It shall be within the discretion of the Council to retain the services of professional appraisers to assist the Board of Assessment in performing its duties, but the Board shall in all instances be responsible for making the final determination."

Section 3. Amend paragraph (4), subsection (a), Section 6, Chapter 339, Volume 62, Laws of Delaware, by deleting the same in its entirety and substituting in lieu thereof the following:

"The Town Manager shall be authorized to employ all such personnel as necessary to fill those positions of municipal employment (other than within the police department) authorized and funded by the Town Council. The Town Manager shall also be authorized to discipline, suspend with or without pay, layoff, and/or terminate and discharge all municipal employees of the Town (other than employees within the police department), subject to any applicable state statutes and subject also to any applicable Town personnel rules, regulations, policies, or ordinances.

All employees of the Town shall be under the supervision of the Town Manager while engaged in any municipal activity which has been placed in his charge."

Section 4. Amend paragraph (2), subsection (b), ("Chief of Police"), Section 6, Chapter 339, Volume 62, Laws of Delaware, by deleting the same in its entirety and substituting in place thereof the following:

"(2) The Chief of Police shall employ all personnel as necessary to fill those positions within the police department as authorized and funded by the Town Council. Subject to all applicable state statutes and subject to any applicable Town personnel rules, regulations, policies or ordinances, the Chief of Police shall also be authorized to discipline, suspend, with or without pay, layoff, and/or terminate and discharge any employee within the Smyrna Police Department. The Chief of Police shall be the Chief Administrative Officer of the Town's Police Department."

Section 5. Amend subsection (c), Section 6, Chapter 339, Volume 62, Laws of Delaware, by deleting said subsection ("Deputy Treasurer") in its entirety.

Section 6. Amend subsection (a), Section 20, Chapter 339, Volume 62, Laws of Delaware, by deleting the words "Two Thousand Five Hundred Dollars ($2,500.00)," and in place thereof inserting the words "Ten Thousand Dollars ($10,000.00)."

Section 7. Amend paragraph (1), subsection (b), Section 4, Chapter 339, Volume 62, Laws of Delaware, by: replacing the period (".") at the end of Section 1 with a semicolon (";"), and adding thereafter "and shall perform such other duties as may be prescribed by resolution or ordinance of Council."

Section 8. Amend paragraph (2) subsection (b), Section 4, Chapter 339, Volume 62, Laws of Delaware, by deleting the words "The Mayor shall sign all warrants on the Treasurer for the payment of any Town money and shall perform such other duties as may be prescribed by resolution or ordinance of Council."

Section 9. Amend paragraph (3), subsection (a), Section 6, Chapter 339, Volume 62, Laws of Delaware, by deleting the second sentence thereof which reads: "The Town Manager shall pay all monies collected by him to the Town Treasurer at least monthly;" and by deleting the words: "and for the settlement of his tax accounts with the Treasurer of said Town, not later than the last day of each fiscal year, and oftener and at such other times as the Council may require;" and replacing the comma C`,") at the end of the phrase "collection of taxes due said Town" with a period (".").

Section 10. Amend Sections 11, 12, and 18, of Chapter 339, Volume 62, Laws of Delaware, by deleting the word "Treasurer" wherever it appears and in place thereof inserting the word "Manager."

Section 11. Savings Clause. The current Treasurer, Deputy Treasurer, and member(s) of the Board of Assessment who hold office at the time of approval of this Act shall continue to serve until the expiration of their respective terms of office, or until the Town Council's organizational meeting following the 1996 Town Election, whichever comes first.

Section 12. Effective Date. Subject to the savings provision of Section 11 of this Act, this Act shall take effect immediately upon signature by the Governor or otherwise according to law.

Approved June 22, 1995