CHAPTER 443

FORMERLY

SENATE BILL NO. 432

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO, CHAPTER 457, VOLUME 60, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF MILLSBORO', TO CHANGE FROM TOWN CLERK TO TOWN MANAGER, CHANGE THE HOURS OF MUNICIPAL ELECTIONS, PROVIDE FOR ABSENTEE BALLOTING, AUTHORIZE THE MAYOR TO ACT IN CERTAIN EMERGENCIES, EXPAND THE POWERS OF THE MUNICIPALITY IN THE COLLECTION OF TAXES, INCREASE THE MAXIMUM FINE WHICH MAY BE IMPOSED, AND AUTHORIZE CONTRIBUTION TO AN AMBULANCE/EMERGENCY TREATMENT SERVICE.

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. Subsection a, Section 7, Nominations For Town Councilmen, of Chapter 457, Volume 60, be amended by striking out the word "Clerk" as it appears and substitute in lieu thereof the word "Manager."

Section 2. Subsection b, Section 7, Nominations For Town Councilmen, of Chapter 457, Volume 60, be amended by striking out the word "Secretary of Town Council" as it appears and substitute in lieu thereof the word "Town Manager."

Section 3. Subsection c, Section 7, Nominations For Town Councilmen, of Chapter 457, Volume 60, be amended by striking out the word "Clerk" as it appears and substitute in lieu thereof the word "Manager."

Section 4. Subsection c, Section 9, Organization and Annual Meeting of Council, of Chapter 457, Volume 60, be amended by striking out the word "Clerk" as it appears and substitute in lieu thereof the word "Manager."

Section 5. Section 20, Town Clerk, of Chapter 457, Volume 60, be amended by striking all of said Section 20 and substituting in lieu thereof a new Section 20 to read as follows:

"Section 20. Town Manager.

(a) The Town Council of the Town of Millsboro may appoint a Town Manager who shall be the Chief Administrative Officer of the Town.

(b) The Town Council of the Town of Millsboro shall impose such qualifications for Town Manager as may be deemed necessary; provided, however, that no person holding the office of Town Councilman shall be chosen to be Town Manager during his or her term of office as Councilman.

(a) The Town Manager shall hold office for an indefinite term and may be removed by a majority vote of the Town Council of the Town of Millsboro. At least thirty (30) days before such removal shall become effective, the Town Council shall, by a majority vote of all the elected members thereof, adopt a preliminary resolution stating the reasons for his or her removal. The Manager may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days but not later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Town Council, by a majority vote of all the elected members thereof, may adopt a final resolution of removal. By the preliminary resolution, the Town Council may suspend the Town Manager from duty but shall in any case call to be paid him or her forthwith any unpaid balance of his or her salary and his or her salary for the next three calendar months following the adoption of the preliminary resolution.

(d) In case of the absence or disability of the Town Manager, the Town Council may designate some qualified person who may be an elected or appointed official of the Town of Millsboro 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 or her duties shall be fixed by the Town Council of the Town of Millsboro.

(d) The Town Manager shall be responsible to the Town Council of Millsboro for the proper administration of the affairs of the Town placed in his or her charge and to that end, he or she shall have the power to make such appointments and to hire such employees at such compensations as the Town Council, by Resolution, shall determine, subject to such rules and regulations as may be adopted by the Town Council. All employees shall be hired for an indefinite term and may be removed by the Town Manager at any time unless otherwise provided by resolution of Council. He or she shall exercise his or her 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 Town Council of the Town of Millsboro 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 interests of the Town of Millsboro. The decision of the Town Council in such case shall be final and conclusive.

(e) It is the intention of this Charter that, in the performance of his or her duties, and in the exercise of his or her 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 matters of expediency and efficiency in the administration of the affairs of the Town placed in his or her charge. Except for purposes of inquiry, the Town Council shall deal with that portion of the administrative service for which the Town Manager is responsible solely through the Town Manager.

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

(h) In conjunction with the Mayor and the Town Council of Millsboro, he or she shall sign warrants pursuant to appropriations or resolutions theretofore made for the Town Council. He or she shall prepare and submit to the Town Council such reports as may be required by the Town Council. He or she shall perform such other duties as may be prescribed by this Charter or required of him or her by Ordinance or Resolution of the Town Council.

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

(j) The Town Manager shall have charge and supervision of the streets, gutters, curbs, sidewalks, boardwalks, jetties, piers, parks, and other administrative affairs of the Town and all work relating thereto, He or she shall have charge of and shall collect all taxes, assessments, rentals, license fees, or other charges due the Town. He or she shall have charge of the administration of all provisions of this Charter and Ordinances and Resolutions of the Town Council relating to the affairs of the Town when not otherwise provided for by this Charter or by any Ordinance or Resolution of the Town Council. He or she shall pay over to the Town Treasurer at least monthly, as hereinbefore provided, and oftener is required by the Town Council, all moneys received or collected by him or her and by any employee under his or her supervision.

(k) He or she shall keep a full and strict account of all moneys received and all disbursements made by him or her and such accounts shall, at all times, be open to inspection to the Town Council.

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

(m) 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 or her 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.

(n) Upon the death, resignation, or removal from office of the Town Manager, the Town Council shall appoint some suitable person, who may be an elected or appointed official of the Town of Millsboro, 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 or her appointment."

Section 6. Section 27, Levy of Annual Taxes. of Chapter 457, Volume 60. be amended by striking out the words "Town Clerk" as they appear in said Section and substituting in lieu thereof the words "Town Manager."

Section 7. Section 28, Collection of Annual Taxes, of Chapter 457, Volume 60, be amended by striking out the words "Town Clerk" as they appear in said Section and substituting in lieu thereof the words "Town Manager."

Section 8. Subsection b, Section 29, Town Budget, of Chapter 457, Volume 60, be amended by striking out the word "Treasurer" as it appears in said Subsection and substituting in lieu thereof the words "Town Manager."

Section 9. Section 31, Streets , of Chapter 457, Volume 60, be amended by striking out the word "Treasurer" as it appears in said Section and substituting in lieu thereof the words "Town Manager."

Section 10. Subsection a, Section 32, Curbing and Paving, of Chapter 457, Volume 60, be amended by striking out the words "Town Clerk" as they appear in said Subsection and substituting in lieu thereof the words "Town Manager."

Section 11. Subsection b, Section 33, Collection of Charges Due The Town, of Chapter 457, Volume 60, be amended by striking out the words "Town Clerk" as they appear in said Section and substituting in lieu thereof the words "Town Manager.

Section 12. Subsection a, Section 8, Manner of Holding Annual Municipal Elections, of Chapter 457. Volume 60, be amended by striking out the words "six o'clock" as they appear in said Subsection and substituting in lieu thereof the words "seven o'clock."

Section 13. Subsection i, Section 8, Manner of Holding Annual Municipal Elections of Chapter 457. Volume 60. be amended by striking out all of said Subsection and substituting in lieu thereof the following:

"(i) The Town Council may, by ordinance, provide for any qualified voter to cast an absentee ballot if such person is unable to appear and cast his or her ballot."

Section 14. Subsection a, Section 16, Duties of the Mayor and President of Council, of Chapter 457, Volume 60, be amended by adding to the end thereof the following:

"The Mayor shall be empowered to act on behalf of the Town, without prior Town Council approval, in the event of a sudden emergency requiring prompt action, in order to protect the public health, safety and welfare of the Town, its inhabitants and property owners. A "sudden emergency", for purposes of this section. shall include, by way of example and not limitation, a major tire or conflagration, significant flooding or serious storm threatening- significant damage. a civic disturbance or a toxic spill. A sudden emergency shall also include any emergency situation as declared by any county, state or federal agency having jurisdiction over the town where the scope of the emergency so declared includes the Town."

Section 15. Section 28. Collection of Annual 'Faxes. of Chapter 457. Volume 60. Be amended by adding a new Subsection (i) to the end thereof to read as follows:

(i) In addition to all of the remedies, methods and authorities for the collection of taxes, the 'Fax Collector shall have the same rights in the collection of taxes as the Fax Collector or Receiver of Taxes as Sussex County now has by law or may hereafter have, including the monition method for the collection of such taxes."

Section 16. Subsection (27). Subsection a, Section 30, Enumeration of Powers. Of Chapter 457, Volume 60, be amended by striking the words "Five Hundred Dollars ($500.00) as they appear and substituting in lieu thereof the words "One Thousand Dollars ($1.000.00)."

Section 17. Subsection a. Section 30. Enumeration of Powers, of Chapter 457, Volume 60, be amended by adding a new Subsection (46) to read as follows:

"(46) To provide for the organization of an ambulance service and/or emergency treatment service and the control and government thereof: and at the discretion of the Town Council. to contribute, donate or give an amount or amounts not to exceed in the total during any fiscal year three percent= (3%) of the total taxes levied on real estate unto any volunteer ambulance or emergency treatment service company or companies incorporated under the laws of the State of Delaware. or any volunteer ambulance association or associations maintaining and operating ambulance, emergency treatment equipment and service to the Town; provided that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the sum thereof as the Town Council shall deem advisable."

Section 18. Subsection a(6). Section 34. Power To Borrow Money And Issue Bonds, by striking the phrase "from 12.00 noon prevailing time, until 6.00 in the evening prevailing time" and substituting in lieu thereof the phrase "from 1:00 in the afternoon prevailing time until 7:00 in the evening prevailing time:'

Approved July 3, 1996