CHAPTER 175

FORMERLY

SENATE BILL NO. 213

AN ACT TO AMEND AN ACT BEING CHAPTER 170, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE CITY OF LEWES" TO REVISE CERTAIN SECTIONS THEREOF PERTAINING TO OFFICERS AND OTHER OFFICIALS AND THE APPOINTMENT AND REMOVAL PROCESS THEREFOR AND TO PROVIDE FOR OTHER CLARIFICATION THROUGHOUT.

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 3, Subsection (a), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking from the third sentence the words “the Mayor and” so that the last clause of that sentence reads as follows: “…the committee shall submit a written report containing its findings and conclusions to the City Council of the City of Lewes.”

Section 3, Subsection (c), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking from the first sentence the words “the Mayor and” so that the last clause of that sentence reads as follows: “…the committee shall submit a written report containing its findings and conclusions to the City Council.”

Section 3, Subsection (l), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking from the fourth sentence thereof the words “the Mayor and” so that the last clause of that sentence reads as follows: “…the committee shall submit a written report containing its findings and conclusions to the City Council.”

Section 4, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by numbering the first paragraph thereof as “(a)” and by striking the last sentence thereof and substituting in lieu thereof a new subsection designated as “(b)” as follows:

“(b) The City Council shall be composed five (5) members, four (4) of whom shall be known as Council Persons, and one of whom shall be the Mayor; each of the Council Person’s and the Mayor’s terms shall be for a period of two (2) years commencing at the annual meeting of the City Council following his or her election and continuing until his or her successor is duly elected and qualified.”

Section 4, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by adding a new subsection designated “(c)” to read as follows:

“(c) The Mayor and members of Council shall be entitled to vote in all matters.”

Section 8, Subsection (a), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking from the second sentence the phrase “the Mayor and City Council” and substitute in lieu thereof the phrase “the Mayor and Council Persons.”

Section 8, Subsection (b), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said subsection (b) in its entirety and substituting in lieu thereof the following:

“(b) At this Annual Meeting, held on the first regular meeting following the annual municipal election, the City Council shall organize and the Mayor, by and with the advice and consent of a majority of all of the members of the City Council, shall appoint a Deputy Mayor, who shall hold office for the term of one (1) year or until his successor shall be duly elected. The Mayor, by and with the advice and consent of a majority of all the members of the City Council, shall appoint a Secretary from its own number to serve until the first regular meeting after the next annual municipal election. The Mayor, by and with the advice and consent of a majority of all the members of the City Council, shall appoint and Assistant Secretary, who may or may not be a member of the City Council, to serve as aforesaid, and such other officers and employees as may be determined to be necessary.”

Section 9, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by the word “other” after the word “any” in the third sentence thereof.

Section 15, titled “Duties of Mayor and President of City Council”, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking from the title the words “and President of City Council.”

Section 15, Subsection (a), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking the words “the Mayor of the City of Lewes shall be President of the City Council and shall preside at all meeting thereof but shall vote only in the event of a tie” and substituting in lieu thereof the words “the Mayor of the City of Lewes shall preside at all meetings of City Council.”

Section 15, Subsection (b), (c) and (d), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said subsections in their entirety and renumbering Subsection (e) as (b), (f) as (c) and (g) as (d).

Section 15, formerly Subsection (e) now Subsection (b), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following:

“(b) The Mayor may, be and with the consent or upon the address of a majority of all members of the Council, remove from office any person appointed by him or her or by any of the Mayor’s predecessors.”

Section 18, Subsection (a), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said subsection (a) in its entirety and substituting in lieu thereof the following:

“(a) The Mayor, by and with the advice and consent of a majority of all the members of the City Council, may appoint some suitable person to act as Alderman and may appoint some suitable person to act as Assistant Alderman. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be at least twenty-one (21) years of age, shall be of good character and reputation and shall be a resident of the City of Lewes and shall not be a member of the City Council of the City of Lewes. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be appointed for a term of one (1) year or until his successor shall be duly appointed. Either the Alderman or the Assistant Alderman may be removed from office at any time, with or without cause, by the affirmative vote of a majority of all the members of the City Council of the City of Lewes.”

Section 19, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following:

“Section 19.

(a) The Mayor, by and with the advice and consent of a majority of all the members of City Council, shall appoint a City Manager, who shall be the Chief Administrative Officer of the City. The City Manager shall be responsible to the Mayor and the City Council for the proper administration of the affairs of the City placed in his or her charge.

(b) The City Council shall impose such qualifications for City Manager as may be deemed necessary; provided, however, that no person holding the office of Mayor or the office of City Councilperson of the City of Lewes shall, during the term for which elected, by appointed to act as City Manager.

(c) The City Manager shall hold office for an indefinite term and may be removed by a majority vote of all the members of the City Council. At least thirty (30) days before such removal shall become effective, the City Council shall, by a majority vote of all the members thereof, adopt a preliminary resolution stating the reason for his or her removal. The City Manager, within ten (10) days after a copy of the resolution is delivered to him or her may request in writing an opportunity to be heard by the Mayor and City Council. The City Manager shall have the option to indicate whether or not her or she wishes the hearing to be public by so stating in his or her request; otherwise any hearing shall be private. This hearing shall be held no earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such hearing, if one is requested, and after full consideration, the City Council, by majority vote of all the members thereof, may adopt a final resolution of removal. By the preliminary resolution, the City Council may suspend the City Manager from duty but shall in any case cause to be paid him or her forthwith any unpaid balance of his or her salary and shall continue to pay his or her salary for the period of suspension up to three (3) calendar months following adoption of the preliminary resolution. After that period any further compensation shall be at the discretion of the City Council.

(d) In case of absence, disability, or suspension of the City Manager, the Mayor, with the concurrence of a majority of all the members of the City Council may designate some qualified person to perform the duties of the office during such absence, disability or suspension.

(e) The compensation which the City Manager shall receive for the performance of his or her duties shall be fixed by the City Council.”

Section 21, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking the first paragraph of Section 21 and substituting in lieu thereof a new subsection to be designated (a) as follows:

“(a) At the first regular meeting of the City Council following the annual election in each year, the Mayor, by and with the advice and consent of the majority of all of the members of the City Council, shall appoint a Treasurer who shall be a member of the City Council for a term of one (1) year. The Treasurer may be removed from office at any time, with or without cause, by the affirmative vote of a majority of all the members of the City Council. In the event that the office of Treasurer shall become vacant by reason of death, resignation, removal or otherwise, the Mayor, by and with the advice and consent of a majority of all the members of City Council, at the next regular meeting after said office shall have become vacant, shall appoint a proper person as defined herein to serve for the balance of the unexpired term of the said office.”

Section 21, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by designating the existing second paragraph of the section as Subsection (b).

Section 22, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following:

“Section 22. At the first regular meeting following the annual election, the Mayor, by and with the advice and consent of a majority of all the members of the City Council, shall appoint a City Solicitor for a term of one (1) year. The City Solicitor shall be a member in good standing of the Bar of the State of Delaware. It shall be his or her duty to give legal advice to the Mayor and City Council and other officers of the City and to perform such other legal services as may be required by the City Council. The City Solicitor may be removed from office at any time, with or without cause, by the affirmative vote of a majority of all the members of the City council of the City of Lewes.”

Section 23, Subsection (a), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said subsection (a) in its entirety and substituting in lieu thereof the following:

“(a) The Board of Health shall consist of four (4) members, one of whom shall be a practicing physician with an office in the City. The Mayor, by and with the advice and consent of a majority of all the members of the City Council, shall appoint the Board of Health for a term of one (1) year or until their successors are duly appointed and qualified. The members of the Board of Health may be removed from office at any time, with or without cause, by the affirmative vote of a majority of all the members of the City Council. The Board of Health shall have cognizance of and interest in the life and health of the people of the City. It shall report to the City Council, in writing, whatever is deemed by the Board to be injurious to the health of the people of the City, and shall make recommendations to the City Council concerning whatever may contribute to the health and sanitation of the people. The Board shall organize, by the election of a President and a Secretary, within thirty (30) days after the notice of their appointments and shall keep a record of their proceedings and acts. The Secretary shall be the executive officer of the Board.”

Section 24, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following:

“Section 24.

(a) The Chief of Police shall be appointed for an indefinite term by the Mayor by and with the advice and consent of a majority of all the members of the City Council and may be removed for just cause by a majority vote of all the members of the City Council.

(b) The subordinate members of the police force shall each be appointed for an indefinite term by the Mayor, upon recommendation of the Chief of Police, by and with the advice and consent of majority of all the members of the City Council, and may be removed by a vote of a majority of all the members of the City Council.

(c) The police force shall preserve peace and order and shall compel obedience within the corporate limits of the City to the Ordinances of the City and the laws of the State of Delaware. The police force shall have such other duties as the City Council shall from time to time prescribe. Operational control of the daily routine of the police force shall be the responsibility of the Police Chief. The authority of the Police Chief shall be answerable to the Mayor and the City Council.

(d) Each member of the police force shall be vested, within the City limits, with all the powers and authority of a State Police Officer, and, in the case of pursuit of an offender, the power and authority shall be without territorial limitations. They shall be conservators of the peace throughout the City and they shall suppress all acts of violence and enforce all laws relating to the safety of persons and property. They shall compel the enforcement of all ordinances enacted by the Mayor and City Council and all criminal, motor vehicle laws and violations enacted by the State of Delaware.

(e) Every person sentenced to imprisonment shall be delivered by a member of the police force to the correctional institution located in Sussex County or held in appropriate holding facilities to be there imprisoned for the term of such sentence.

(f) It shall be the duty of the police force to suppress riotous, disorderly or turbulent assemblages of persons in all public ways and places of the City, and, upon view of the above or upon view of any violation of any ordinance of the City relating to the peace and good order thereof, the police force shall have the right and power to arrest without warrant and to take the offender before the Alderman, Assistant Alderman or before any Justice of the Peace in Sussex County for hearing thereon. In the case of an arrest at a time when the Alderman, or the Assistant Alderman or the Justice of the Peace shall not be available to hear and determine the charge, the person arrested may be delivered to the correctional institution located in Sussex County or held in appropriate holding facilities until such reasonable time thereafter as shall enable the Alderman or Assistant Alderman or the Justice of the Peace to hear and determine the charge against such person.”

Section 25, Subsection (a), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said subsection (a) in its entirety and substituting in lieu thereof the following:

“(a) At the first regular meeting following the annual municipal election, the mayor, by and with the advice and consent of a majority of all the members of City Council, shall appoint a bona fide resident being a freeholder or leaseholder as defined herein of the City to be the Assessor.”

Section 25, Subsection (b), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by adding to the end thereof the following:

“The Assessor may be removed from office at any time, with or without cause, by the affirmative vote of a majority of all the members of the City Council.”

Section 34, Subsection (e), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking the reference to “the Farmers Bank of the State of Delaware” in the last sentence thereof and substituting in lieu thereof “a banking institution as may be described by the City Council, which institution shall be licensed in the State of Delaware and insured by the Federal Deposit Insurance Corporation or its successor,…”

Section 38, Subsection (b), Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking said subsection in its entirety and deleting the designation “(a)”.

Section 40, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby repealed in its entirety.

Approved July 16,1999