CHAPTER 328

FORMERLY

SENATE BILL NO. 392

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO REINCORPORATE THE TOWN OF ELSMERE AS FOUND IN 68 DELAWARE LAWS CHAPTER 3 AS AMENDED REGARDING THE MAYOR, THE TREASURER AND INDEPENDENT ANNUAL AUDIT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Article III Section 305 be amended by deleting in the second sentence the words "but shall have no vote therein, except in the case of ties" as it now exists and by inserting in its place the following wording "and shall have a vote on all issues before the Council."

Section 2. Article III Section 301 be amended by deleting the entire first paragraph as it now exists and by inserting in lieu thereof the following:

"The Treasurer shall be appointed by the Mayor and shall be confirmed by a Majority of the Council. The treasurer shall have been a resident of the Town for at least one year prior to their appointment."

Section 3. Article III Section 301.2 shall be amended by adding a paragraph at the end to read as follows:

The Treasurer may be removed from office at any time by a three quarters vote of the whole council."

Section 4. Article VIII Section 805 be amended by labeling the existing paragraph as subsection (A) and removing the second sentence of the existing paragraph, which states; "In election years this audit shall be made as of the last day of the terms of the Mayor and Council" and further amend this section by adding at the end of the existing paragraph two new paragraphs to be labeled as subsection (B.) and subsection (C.) and to read as follows:

"B. There is hereby created an 'Audit Committee' which shall be comprised of those persons serving on the Finance Committee of the Town who are not members of council, The Mayor and two members of the Town Council whom the Mayor shall appoint.

C. The duty of the Audit Committee shall be as follows;

1 . To choose an independent auditor to conduct the annual audit.

2. To meet with and provide the chosen auditor with any requested information.

3. To receive and discuss the preliminary draft of the annual audit.

0. To decide how the final audit report will be presented to the entire Council and the public, at a public meeting."

Approved June 29, 1998