CHAPTER 31

FORMERLY

SENATE BILL NO. 61

AN ACT TO AMEND THE MUNICIPAL CHARTER OF THE CITY OF NEWARK RELATING TO THE POSITIONS OF ALDERMAN AND DEPUTY ALDERMAN.

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 the first paragraph of §602 of the Newark Municipal Charter by deleting it in its entirety and by inserting in lieu thereof the following:

“There shall be an alderman of the city. The alderman shall not be a member of the council or the city solicitor. The city council shall, by resolution, nominate a person to serve as alderman. The name of such nominee shall be transmitted to the Governor of the State of Delaware. Thereafter, if the Governor sees fit to do so, the name of such nominee shall be submitted to the State Senate for confirmation to the position of alderman. The same procedure shall be followed if there shall occur a vacancy in the position of alderman for any reason and shall also be followed if the alderman shall determine that it is necessary and appropriate to appoint a deputy alderman. The alderman shall be paid a salary to be fixed by ordinance, and shall not retain any fines or fees levied by the court, but must pay such fines and fees into the city treasury within five (5) days of collection.

Before entering upon the duties of office, the alderman shall be sworn or affirmed by the Mayor or by any one of the council members, or by any justice of the peace, to perform the duties of alderman honestly, faithfully, and diligently. The alderman shall have jurisdiction of all violations of ordinances of the city and of all misdemeanors prescribed by any law of the State of Delaware committed within the boundaries of the city. The alderman shall have power and authority to hold for bail, fine or imprison offenders, compel the attendance of persons accused of violation of city ordinances by service of process either within or without the limits of the city, compel the attendance of witnesses, and hold or punish for contempt; provided that in the case of a violation of an ordinance, the alderman shall impose no fine or penalty in excess of that fixed by the ordinance. The alderman shall keep a book to be called ‘Alderman’s Docket’, in which shall be entered at large all of the alderman’s official acts. If any vacancy shall occur in the office of the alderman by resignation, removal from office, or otherwise, the alderman shall deliver to the successor in office within two (2) days, all books and papers belonging to the office, and shall pay over to the treasurer of the city all monies in hand belonging to the said city within five (5) days after such vacancy shall occur; upon neglect or failure to deliver to the successor in office, within the time aforesaid, all the books and papers belonging to the office, or upon neglect or failure to pay over to the treasure of the city, within the time aforesaid, all monies belonging to the city, the alderman shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).”

Section 2. Delete the phrase “twenty dollars ($20.00)” as it is found in the existing second paragraph of §602 of the Newark Municipal Charter and insert in lieu thereof “five hundred dollars ($500.00) and delete the phrase “one hundred dollars ($100.00)” as it is found in the same paragraph and insert in lieu thereof “one thousand dollars ($1,000.00)”

Approved May 23, 2007