CHAPTER 156

FORMERLY

SENATE BILL NO. 209

AN ACT TO AMEND AN ACT ENTITLED; "AN ACT TO RE-INCORPORATE THE TOWN OF BETHANY BEACH", AS AMENDED, RELATING TO THE TOWN MANAGER AND CHIEF OF POLICE.

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. Amend §7.1.1 of Chapter 295, Volume 65, Laws of Delaware, as amended, by striking the first sentence thereof (beginning with the words "The Council shall appoint…" and substitute in lieu thereof a new first sentence which shall read as follows:

"The Council shall appoint a Town Manager who, subject to §16.1 hereof, shall be the Chief Administrative Officer of the Town."

Section 2. Amend §16.1 of Chapter 295, Volume 65, Laws of Delaware, as amended, by striking §16.1 in its entirety and substituting in lieu thereof the following:

"16.1 Chief of Police; Police Officers. The Chief of Police and subordinate members of the police force shall each be appointed by the Town Council for an indefinite term and may be removed for just cause by a majority vote of all the elected members of the Town Council. The police force shall preserve peace and order and shall compel obedience within the Town limits to the ordinances of the Town and the laws of the State of Delaware. The police force shall have such other duties as the Town Council, shall, from time to time prescribe. Operational control of the daily routine of the police department shall be the responsibility of the Chief of Police. The Town Council may, from time to time act, by ordinance, to provide that all other responsibilities of the Chief of Police (or only those responsibilities specified) shall be subject to supervision and approval by the Town Manager or such other person or committee as appointed by the Town Council. Absent such an ordinance, the Chief of Police shall answer directly to the Town Council."

Approved July 10, 2001