CHAPTER 187

FORMERLY

SENATE BILL NO. 167

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.

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 §201, paragraph three of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting “One Million Dollars ($1,000,000)” as it appears therein and replacing in lieu thereof “Two Million Five Hundred Thousand Dollars ($2,500,000)”.

Section 2. Amend §301.2 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the first two paragraphs in their entirety and by replacing in lieu thereof the following:

“The Treasurer shall be appointed by the Mayor and confirmed by the Town Council. The Treasurer shall have been a resident of the Town for at least one year prior to his or her appointment.

The Treasurer may be removed from office any time five members of the sitting Council vote in favor of removal.”

Section 3. Amend §302 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting §302 in its entirety and replacing in lieu thereof the following:

Ҥ302. Qualifications of Mayor and Council.

A. Any qualified voter of the Town of Elsmere who has attained the age of twenty-one years, in the case of Councilperson, and thirty years, in the case of Mayor, and who has not been convicted of a felony shall be eligible for the office of Mayor or Councilperson; provided that any person elected to Council must at the time of his or her election reside in the district from which elected.

B. Loss of residence in the Town or in the district from which elected, or a conviction of a felony or failure to attend three consecutive regular meetings of Council without being excused by the Council, during the tenure of office shall create a vacancy.

C. In case of a vacancy for any cause, a special election, conducted in the same manner as a regular election, except that the nominating petitions shall not be filed later than 20 days before the date of the special election, shall be held within 60 days after the occurrence of the vacancy, as may be proclaimed by the Council; provided, however, that if the vacancy occurs within 365 days of a regular election, the vacancy shall be filled by appointment by the Mayor subject to confirmation by a majority of the Council.”

Section 4. Amend §401 of Chapter 3, Volume 68, Laws of Delaware, as amended by inserting a new subsection after the first paragraph to read as follows:

Ҥ401.1. Authorization to Act on Behalf of the Town.

Whenever the Council determines it to be in the best interest of the town, the Council may in the form of a resolution, authorize any elected or appointed official or any employee, to execute on behalf of the town, any or all, agreements, contracts, bonds, deeds, checks, leases and other documents necessary to be executed.”

Section 5. Amend §402.1 of Chapter 3, Volume 68, Laws of Delaware, as amended by inserting immediately after the first sentence the following: “No ordinance shall be introduced until it has attached a ‘Fiscal Impact Statement’ which shall be prepared by the Town Manager in consultation with the Finance Department. Additionally, the Mayor and Council shall determine on a case by case basis the need for the Town Solicitor to review and comment on an ordinance prior to its introduction” and by inserting at the beginning of the second sentence the word “Additionally,”.

Section 6. Amend §402.2 of Chapter 3, Volume 68, Laws of Delaware, as amended by inserting immediately at the end of the paragraph the following:

“Should, however, a vacancy exist on the Council the majority vote required for passage shall be a majority of the members of Council seated and not the majority of members elected to the Council.”

Section 7. Amend §403 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the following words in the first paragraph: “provided that the amount so collected shall not exceed one and one-half percent (1 ½%) of the assessed value of real estate within the Town in any one fiscal year clear of all delinquencies and expenses of collection”, and by deleting the words “or six” as they appear in the last sentence of the first paragraph, and by deleting the words “employing fifty or more employees” as they appear in the second line of the second paragraph, and by inserting the words “or who are disabled” immediately after the words “age of sixty-five (65) years” in the second line of the third paragraph.

Section 8. Amend §405 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the words “one percent” as they appear in the fourth line and by inserting in lieu thereof the words “four and one half percent”.

Section 9. Amend §406.1 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting “3%” as it appears in the last line of the first paragraph and by inserting in lieu thereof the words “four and one half percent”.

Section 10. Amend §501.1(a) of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting §501.1(a) in its entirety.

Section 11. Amend §602 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting §602 in its entirety.

Section 12. Amend §603 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the words “the Mayor shall” as they appear in the first sentence and inserting in lieu thereof the words “the Council may”.

Section 13. Amend §701 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting §701 in its entirety and inserting in lieu thereof the following:

Ҥ701. Town Manager.

The Council may by ordinance provide for the creation of the office of the Town Manager who shall be qualified by education and or experience in municipal administration, and whose powers and duties shall be as set forth in such ordinance. The Council may in such ordinance give to the Town Manager such powers over the appointment of personnel, which are now vested in the Mayor and Council. The Town Manager must be appointed by an affirmative vote of five members of Council and may be removed from office only by an affirmative vote of five members of Council.”

Section 14. Amend §702(2)(iv) of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting §702(2)(iv) in its entirety and inserting in lieu thereof the following:

“(iv) The Chief of Police may be removed from office upon an affirmative vote of five (5) members of the sitting Council voting in favor of removal and in accordance with applicable Town ordinances adopted by an affirmative vote of five (5) members of the sitting Council and the laws of the State of Delaware.”

Section 15. Amend §702(2)(v) of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the first sentence in its entirety and by inserting in lieu thereof the following:

“(v) The Chief of Police shall be a certified police officer and shall be appointed from within the Department, unless by an affirmative vote of five (5) members of the sitting Council, Council determines there is not a qualified person within the department.”

Section 16. Amend §702(2)(i) of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the words “three quarters vote of the whole Council” as they appear in the first sentence and inserting in lieu thereof the words “an affirmative vote of five members of Council”.

Section 17. Amend §702(9) of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the words “a three quarter vote of the whole Council” as they appear in the fifth line of the paragraph, and inserting in lieu thereof the words “an affirmative vote of five members of Council”, and by deleting the words “a three quarter vote of the whole Council” as they appear in the last line of the paragraph, and inserting in lieu thereof the words “an affirmative vote of five members of Council”.

Section 18. Amend §705 of Chapter 3, Volume 68, Laws of Delaware, as amended by inserting the words “or other person designated by the Council” immediately after the word “Council” as it appears in the last line of the paragraph.

Section 19. Amend §706 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the word “weekly” and by deleting the word “Treasurer” and inserting in lieu thereof the words “finance Department”.

Section 20. Amend §901 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting §901 in its entirety.

Section 21. Amend §902(A) of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting §902(A) in its entirety and inserting a new paragraph (A) to read as follows:

“(A) Any person desiring to be a candidate or to be voted for as a candidate for nomination for Mayor or Councilperson file notice in writing to the Town Manager. Such notification shall be made, on forms provided by the Town, on or before 7:00 p.m. of the first Monday in February prior to the bi-annual municipal elections, or the fifth Monday prior to a special election. No person may file as a candidate for more than one office.”

Section 22. Amend §902(C) of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the words “Town Secretary” and inserting in lieu thereof the words “Town Manager”.

Section 23. Amend §903(A) of Chapter 3, Volume 68, Laws of Delaware, as amended by adding a new sentence at the end of the paragraph to read as follows:

“Write-In votes shall not be permitted in any municipal election.”

Section 24. Amend §904 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting the words “by ordinance” as they appear in the last sentence.

Section 25. Amend §1001 of Chapter 3, Volume 68, Laws of Delaware, as amended by deleting §1001 in its entirety and interesting in lieu thereof the following:

Ҥ1001. Bonding of City Officials and Employees.

The Council by an affirmative vote of five (5) members of the sitting Council may require any elected or appointed official(s), officer or employee of the Town of Elsmere, to give bond for the faithful performance of his or her duties. If Council determines such bonding to be necessary, they shall also determine the amount and surety of such bond. The premiums associated with any bond required by the Council shall be paid by the Town of Elsmere. Should anyone required by the Council to give bond fail to give such bond in an amount and with such surety as has been determined by the Council, the Council shall determine by an affirmative vote of five (5) members of the sitting Council, if such failure shall be deemed as an automatic forfeiture of office, appointment or employment. Should a vacancy be created because of a failure to give bond, the vacancy shall be filled as herein provided in the case of other vacancies.”

Approved July 12, 2005