CHAPTER 191

FORMERLY

HOUSE BILL NO. 256

AN ACT TO AMEND CHAPTER 59, VOLUME 63, LAWS OF DELAWARE, AS AMENDED, BEING THE CHARTER OF THE TOWN OF DEWEY BEACH.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of the members of each House concurring therein):

Section 1. Amend Section 15, Chapter 59, Volume 63, Laws of Delaware, as amended, by striking said section in its entirety and by substituting in lieu thereof the following:

"Section 15. Town Manager.

(a) The Mayor of the Town of Dewey Beach, with the concurrence of a majority of all the elected Commissioners of the Town, may appoint a Town Manager who shall be the Chief Administrative Officer of the Town and who shall be the Secretary of the Commission of the Town and the Treasurer of the Town.

(b) The Commissioners of the Town of Dewey Beach shall impose such qualifications for Town Manager as may be deemed necessary; provided, however, that no person holding the office of Mayor or Commissioners shall be chosen to be Town Manager during his term of office as Mayor or Commissioner.

(c) The Town Manager shall hold office for an indefinite term and may be removed for just cause by a majority vote of the Commissioners of the Town of Dewey Beach. At least thirty (30) days before such removal shall become effective, the Commission shall, by a majority vote of all the elected Commissioners thereof, adopt a preliminary resolution stating the reasons for his removal. The Manager may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Copunission, by a majority vote of all the elected Commissioners thereof, may adopt a final resolution of removal. By the preliminary resolution, the Commission may suspend the Town Manager from duty but shall in any case cause to be paid him forthwith any unpaid balance of his salary for the next three (3) calendar months following the adoption of the preliminary resolution.

(a) In case of the absence or disability of the Town Manager, the Commission may designate some qualified person who may be an elected or appointed official of the Town of Dewey Beach to perform the duties of such office during his absence or disability. The compensation which the Town Manager shall receive for the performance of his duties shall be fixed by the Commission of the Town of Dewey Beach."

Section 2. Amend Section 16, Chapter 59, Volume 63, Laws of Delaware, as amended, by striking said section in its entirety, and by inserting in lieu thereof the following:

"Section 16. Responsibilities of the Town Manager.

(a) The Town Manager shall be responsible to the Commissioners of the Town of Dewey Beach for the proper administration of the affairs of the Town placed in his charge and to that end, he shall have the power to make such appointments and to hire such employees at such compensations as the Commissioners, by resolution, shall determine, subject to such rules and regulations as may be adopted by the Commissioners. All employees shall be hired for an indefinite term and may be removed by the Town Manager at any time for just cause unless otherwise provided by resolution of the Commissioners. He shall exercise his sole discretion in the appointment or hiring of any such employees. The Town Manager shall be the sole judge of the competence or incompetence of any such person so appointed or hired by him.

The Commissioners of the Town of Dewey Beach shall sit as a Board of Appeal for the protection of Town employees at those times when the majority of all the Commissioners are agreed that a review of the action of the Town Manager would be in the best interest of the Town of Dewey Beach. The decision of the Commissioners in such case shall be final and conclusive.

(b) It is the intention of this Charter that, in the performance of his duties, and in the exercise of his powers, the Town Manager shall not be influenced by any matters whatsoever of a political or fractional nature. It is the intention of this Charter that the Town Manager shall be guided solely by the matters of expediency and efficiency in the administration of the affairs of the Town placed in his charge. Except for purposes of injury, the Commissioners shall deal with that portion of the administrative service for which the Town Manager is responsible solely through the Town Manager.

(c) It shall be the duty of the Town Manager to supervise the administration of the affairs of the Town under his charge and to make such reports to the Commissioners as are required by the Commission. He shall make such recommendations to the Commission concerning the affairs of the Town as may seem to him desirable. He shall keep the Commission advised of the financial condition and future needs of the Town. He shall prepare and submit to the Commission the annual budget estimate. He shall render to the Commission at the regular monthly meeting of each and every month a true, accurate and detailed account of all the monies collected or received by him in the performance of his duties and shall promptly turn the same over to the Commission.

(d) In conjunction with the Mayor of the Town of Dewey Beach, he shall sign warrants pursuant to appropriations or resolutions theretofore made for the Commission. He shall prepare and submit to the Commission such reports as may be required by the Commission, he shall perform such other duties as may be prescribed by this Charter or required of him by ordinance or resolution of the Commission.

(e) The Town Manager and such other officers of the Town as may be designated by vote of the Commission shall be entitled to seats in the meetings of the Commission but shall not vote therein.

(f) The Town Manager shall have charge and supervision of the sewer system, water system, street lighting, streets, gutters, curbs, sidewalks, boardwalks, jetties, piers, parks, and other administrative affairs of the Town and all work relating thereto. He shall have charge of and shall collect all taxes, assessments, rentals, franchise fees, license fees, or other charges due the Town. He shall have charge of the administration of all provisions of this Charter and ordinances and resolutions of the Commission relating to the affairs of the Town when not otherwise provided for by this Charter or by any ordinance or resolution of the Commission.

(g) He shall keep a full and strict account of all monies received and all disbursements made by him and such accounts shall, at all times, be open to inspection by the Commission.

(h) He shall give to The Town of Dewey Beach a bond, if required by the Commission, in such sum and in form with security satisfactory to the Commission for the faithful performance of the duties of his office and the restoration to The Town of Dewey Beach, in case of his death, resignation, or removal from office of all books, papers, vouchers, money and other property of whatever kind in his possession belonging to the Town.

(i) In the event of a vacancy in the Office of the Town Manager for any reason or reasons whatsoever, the duly appointed and qualified successor to that office shall succeed to all the rights, privileges, and powers theretofore reposed in his predecessor or predecessors in office in the same manner as though all acts, deeds and steps theretofore taken by any such predecessor or predecessors with respect to any matter or thing pertaining to said office had been taken or performed by the successor to such office.

(j) Upon the death, resignation, or removal from the office of the Town Manager, the Mayor, with the approval of a majority of all elected members of the Commission, shall appoint some suitable person, who may be an elected or appointed official of the Town of Dewey Beach,

to perform the duties of Town Manager; provided, however, such person shall not serve for a period exceeding ninety (90) days from the date of his appointment.

Section 3. Amend Section 19(a), Chapter 59, Volume 63, Laws of Delaware, as amended, by striking the last sentence thereof and by substituting in lieu thereof the following: "The police force shall be subject to the direction of the Town Manager acting on behalf of the Town Commissioners."

Section 4. Amend Section 21(b), Chapter 59, Volume 63, Laws of Delaware, as amended, by deleting the words "Town Clerk" appearing in said section and by substituting in lieu thereof the words "Town Manager".

Section 5. Amend Section 24, Chapter 59, Volume 63, Laws of Delaware, as amended, by deleting the words "Town Clerk" wherever such words may appear in said section, and by substituting in lieu thereof the words "Town Manager".

Section 6. Amend Section 25, Chapter 59, Volume 63, Laws of Delaware, as amended, by deleting the words "Town Clerk" wherever such words may appear in said section, and by substituting in lieu thereof the words "Town Manager".

Approved July 10, 1995.