CHAPTER 58

FORMERLY

HOUSE BILL NO. 161

AN ACT TO AMEND CHAPTER 276 OF VOLUME 65, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF GEORGETOWN" TO INCREASE THE AMOUNT THE TOWN COUNCIL MAY BORROW, TO ALTER THE INDEBTEDNESS LIMITATION AND TO SPECIFY THE ORGANIZATION AND POWERS OF THE POLICE FORCE.

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 paragraph (42), Section 30, Chapter 276, Volume 65, Laws of Delaware, as amended, by deleting the phrase “Three Hundred Thousand Dollars ($300,000)” wherever it appears in the paragraph and inserting in lieu thereof the phrase “One Million Dollars ($1,000,000)”.

Section 2. Amend paragraph (36), Chapter 276, Volume 65, Laws of Delaware, as amended, by deleting the phrase “the fifty percent (50%)” and inserting in lieu thereof the phrase “seventy-five percent (75%)”.

Section 3. Amend Section 34(b), Chapter 276, Volume 65, Laws of Delaware, as amended, by deleting the phrase “fifty percent (50%)” and inserting in lieu thereof the phrase “seventy-five percent (75%)”.

Section 4. Amend 23(a), Chapter 276, Volume 65, Laws of Delaware, by striking the Section in its entirety and substituting in lieu thereof the following:

“Section 23(a). The Town Council shall be responsible for the establishment of a police force. The Town Council shall, from time to time, make such rules and regulations as may be necessary for the organization, government and control of the police force. The Town of Georgetown police force shall exercise primary jurisdiction within the boundaries of the Town, to include annexed properties not specifically identified within this Charter. Each sworn member of the police force shall have police powers and shall be conservators of the peace throughout the Town of Georgetown. 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 laws enacted by the Town Council of the Town of Georgetown. 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. In the case of a pursuit of an offender, the power and authority of the police force shall extend beyond the territorial limitations of the Town of Georgetown.”.

Section 5. Amend Section 23(b), Chapter 276, Volume 65, Laws of Delaware, by adding the following language at the end of the Section:

“Each member of the police force shall have police powers and shall be conservators of the peace throughout the Town of Georgetown, 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 laws enacted by the Town Council of the Town of Georgetown. In the case of a pursuit of an offender, the power and authority of the police force shall extend outside the territorial limitations of the Town of Georgetown. The Chief of Police shall be appointed by the Mayor with the advice and consent of a majority of all elected members of the Town Council at such compensation as shall be determined by the Town Council. The Chief of Police shall be solely responsible for the day to day operational control of the police department. The Chief of Police shall make rules and regulations governing the operational control of the police department. The Chief of Police will be responsible for the good order and discipline of the department. The Chief of Police will be responsible for the hiring of qualified persons to be employed by the police department. The Chief of Police will be responsible for the promotion and demotion of employees in accordance with the written policies of the police department. The Chief of Police or his designee is authorized to suspend or dismiss any employee of the police department for violations of the written policies of the police department. The Chief of Police shall be subject to the direction of the Town Manager acting for the Town Council. The Chief of Police shall have such other duties as the Town Manager may from time to time prescribe. All members of the police force shall be paid such compensation as shall be determined by the Town Council.”.

Section 6. Amend Section 23(c), Chapter 276, Volume 65, Laws of Delaware, by striking the word “Assistance” and inserting in lieu thereof the word “Assistant”.

Section 7. Amend Section 23(e), Chapter 276, Volume 65, Laws of Delaware, by adding after the phrase “any ordinance of the Town” the phrase “or law of the State of Delaware”.

Section 8. Further Amend Section 23(e), Chapter 276, Volume 65, Laws of Delaware, by inserting the article “a” before the word “warrant” at the end of the Section.

Approved June 23, 2005