CHAPTER 165

FORMERLY

SENATE BILL NO. 71

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND AN ACT BEING CHAPTER 504, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES" TO PROVIDE FOR STAGGERED TERMS FOR COMMISSIONERS, TO REQUIRE A MINIMUM OF FOUR COMMISSIONERS AND THE MAYOR BE RESIDENTS AND TO ESTABLISH STANDARDS AND PROCEDURES FOR FORFEITURE OF OFFICE.

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 Subsection (c) Section 5, QUALIFICATIONS OF MAYOR AND COMMISSIONERS, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled “An Act to Incorporate the Town of Henlopen Acres” by striking said paragraph (1) thereof in its entirety and substituting in lieu thereof the following:

“(1)a. At least four of the seven Commissioners must be bona fide residents of the Town, but all may be residents of the Town. The Commissioner with the title of Mayor of the Town of Henlopen Acres shall be a bona fide resident of the Town.

b. Any person who, on the date of the filing of notice of intention to run (or on the date of his or her appointment to fill a vacancy), has been a full-time resident of the Town for at least six (6) months prior to such date of filing and certifies his or her intention of remaining a full-time resident of the Town, shall be deemed to be a “resident” Commissioner upon taking office, whether or not such person is also a freeholder in the Town; and if such person subsequently fails to maintain residency in the Town, but continues to be a freeholder in the Town, during his or her term of office, that person shall continue to be deemed a “resident” Commissioner.

c. Any person who, on the date of filing of the notice of intention to run (or on the date of his or her appointment to office in the case of a vacancy) is not a resident of the Town but is a freeholder be deemed to be a “non-resident Commissioner”. If such “non-resident” Commissioner subsequently establishes residency in the Town during his or her term of office, that person shall continue to be deemed to be a “non-resident” Commissioner; provided, however, that if any non-resident Commissioner shall, during his or her term of office, cease to be a freeholder in the Town, that person shall be deemed to have vacated his or her office by reason of that fact alone, regardless of whether or not that person has subsequently become a resident of the Town.”

Section 2. Amend Chapter 504, Volume 57, Laws of Delaware, as amended, entitled “An Act to Incorporate the Town of Henlopen Acres” by striking Section 6 thereof its entirety and by substituting in lieu thereof the following:

“ELECTION IN GENERAL

Section 6. (a) At the Annual Election to be held on the last Saturday in August, 2005, three (3) Commissioners shall be elected. The two candidates receiving the highest vote totals will be deemed to be elected for a term of three (3) years and the third highest will be deemed elected for a term of two (2) years.

(b) At the Annual Election to be held on the last Saturday in August, 2006, four (4) Commissioners shall be elected. The two candidates receiving the highest vote totals will be deemed elected for a term of three (3) years, the third highest will be deemed elected for a term of two (2) years, and the fourth highest will be deemed elected for a term of one (1) year.

(c) At the Annual Election to be held on the last Saturday in August, 2007, two (2) Commissioners shall be elected for a term of three (3) years.

(d) At the Annual Election to be held on the last Saturday in August, 2008, three (3) Commissioners shall be elected for a term of three (3) years.

(e) At the Annual Election to be held on the last Saturday in August, 2009, two (2) Commissioners shall be elected for a term of three (3) years.

(f) Thereafter, the terms of the Commissioners shall be staggered so that at each Annual Municipal Election, there shall be elected Commissioners who shall serve for a term of three (3) years or until their successors have been duly elected and qualified.”

Section 3. Amend Section 7, ELECTIVE OFFICES, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled “An Act to Incorporate the Town of Henlopen Acres” by striking Subsections (b) and (c) thereof in their entirety and substituting in lieu thereof the following:

“(b) The office of a Commissioner shall become vacant upon death, incapacity, resignation, loss of residence or freeholdership, as may be applicable, or forfeiture of such office.

(1) Forfeiture proceedings. A forfeiture of such office shall occur when any Commissioner:

a. Is no longer qualified to hold such office;

b. Willfully violates any provision of this Charter;

c. Is convicted of any felony; or

d. Fails to attend fifty percent (50%) of four (4) consecutive regular and/or special meetings of the Commissioners without being excused by vote of the Commissioners.

(2) Determination concerning Forfeiture. Where the conditions set forth in paragraph (b)(1) are alleged, forfeiture shall be approved by the remaining Commissioners. Such decision shall be made in executive session, and if the Commissioners determine by majority vote that a forfeiture has occurred, they shall, within forty eight (48) hours thereafter, provide written notice thereof to the affected Commissioner, by certified mail, return receipt requested, sufficiently posted. Written notice shall be deemed provided when deposited in first-class mail with sufficient postage. The affected Commissioner shall be entitled to a hearing and then shall have thirty (30) days in which to make a written request for a public hearing before the Commissioners, which hearing is to be held within forty five (45) days of the written request and at which hearing such Commissioner may appear with the assistance of counsel and present evidence to relevant issues. The Commissioners shall also hear any other relevant evidence and vote again on the question of forfeiture. A determination of forfeiture shall be made only by unanimous vote of the Commissioners present and entitled to vote on the question.

(3) Failure to Request Hearing as a Bar. Failure of the affected Commissioner to make written request for a public hearing as hereinabove stated shall be an absolute bar to his or her right to challenge the Commissioners’ decision. If a public hearing is held, the Commissioners shall have authority to subpoena witnesses, administer oaths, take testimony, and require the production of documentary or physical evidence, all of which shall be done on behalf of the affected person if requested, in writing, by him or her.

(c) Any vacancy created in any office of Commissioner of Henlopen Acres or in the office of Commissioner of Henlopen Acres having the title of Mayor of the Town of Henlopen Acres, the Commissioners of Henlopen Acres shall fill such vacancy for the residue of the whole term.”.

Approved July 12, 2005