CHAPTER 214

FORMERLY

SENATE BILL NO. 205

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND THE CHARTER OF THE CITY OF WILMINGTON

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

WHEREAS, Section 3-304 of the City of Wilmington Home Rule Charter sets forth the requirements for citizenship and residency of employees of the City of Wilmington; and

WHEREAS, Section 3-304 of the Wilmington City Charter may be amended by a two-thirds vote of both Houses of the Delaware General Assembly, pursuant to the provisions of Title 22 of the Delaware Code, §811.

NOW THEREFORE:

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 Section 3-304 of the City of Wilmington Home Rule Charter by deleting Section 3-304 and substituting in lieu thereof a new section 3-304 to read as follows:

“(a) Citizenship- All officers and employees of the city shall be citizens of the United States when the duties of the position require direct participation in the formulation, operation, or review of broad public policy or require the exercises of important discretionary governmental powers over citizens. Positions subject to such requirement shall be designated by ordinance of City Council.

(b) Residence- All officers, regular employees, and probationary employees of the city shall be residents of the city at the time of their election, appointment, or employment and remain such during their tenure, except as provided herein. It shall not be necessary for any non-elected officer, regular employee or probationary employee, to be a resident of the city at the time of appointment or employment, but such residence in the city must be required within six (6) months thereafter. Employees who are subject to the requirements of Title 22 of the Delaware Code, Section 841, regarding duration of employment, shall not be subject to the residency requirement after first meeting the requirements of that section. Appointed members of boards and commissions, shall be residents of the city, but this requirement shall not apply to the additional advisory boards appointed by the mayor pursuant to the provisions of section 3-100(g) of this Charter.”

Approved July 21, 2005