Delaware General Assembly


CHAPTER 177

FORMERLY

HOUSE BILL NO. 176

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND VOLUME 63, CHAPTER 272, LAWS OF DELAWARE, RELATING TO THE TOWN OF CAMDEN.

WHEREAS, it is deemed advisable that the Charter of the Town of Camden, contained in Chapter 272, Volume 63, Laws of Delaware, as ammended, be in certain respects amended and revised.

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 4, Chapter 272, Volume 63, Laws of Delaware, by striking said Section in its entirety and substituting in lieu thereof the following:

"STRUCTURE OF GOVERNMENT

Section 4. The government of the Town and the exercise of all powers conferred by this Charter except as otherwise provided herein, shall be vested in a town council composed of a mayor, whose term shall be for a period of two (2) years, and four council members each of whose terms shall be for a period of three (3) years, commencing at the Annual Meeting of the Town Council following his or her election and continuing until his or her successor is duly elected and qualified. A member of town council must resign his or her council seat if he or she files to run for the office of mayor and the terms overlap."

Section 2. Amend Section B(b), Chapter 272, Volume 63, Laws of Delaware, by striking

said subsection in its entirety and substituting in lieu thereof the following:

"(b) At the annual meeting, held on the first regular meeting following the Annual Municipal Election, the Town Council shall organize and elect, by ballot, a Vice Mayor who shall hold office for the term of one (1) year or until his successor shall be duly elected. The Town Council shall likewise select a secretary, who may or may not be from among their own number, to serve until the first regular meeting after the next Annual Municipal Election. The Town Council may also select an Assistant Secretary to serve as aforesaid, who may or may not be from among their own number, and such other officers or employees and may be determined to be necessary."

Section 3. Amend Section 15, Chapter 272, Volume 63, Laws of Delaware, by striking said Section in its entirety and substituting in lieu thereof the following:

"DUTIES OF THE MAYOR

Section 15. (a) The Mayor shall preside at all meetings thereat, and shall vote on all matters brought before the Town Council for a vote. He shall appoint all committees, receive complaints of nuisances, and other complaints of citizens concerning violations of law and ordinances. He shall present a report of complaints and nuisances and violations of law and ordinances to the Town Council at the first regular meeting after receiving such complaints. He may require the Alderman or the Assistant Alderman, as hereinafter provided for in this Act, to proceed upon such infractions or violations of law and ordinances immediately in the event that he deems such action to be required. The Mayor shall perform such other duties and have such other powers as the Town Council shall determine not in conflict with the provisions of this Charter.

(b) The Mayor, within thirty (30) days following his election, may appoint, by and with the advice and consent of a majority of the elected members of the Town Council, two (2) suitable persons who shall be qualified voters of the Town of Camden to act as Alderman and Assistant Alderman. Both the Alderman and the Assistant Alderman shall
hold office until each successor shall be duly appointed and chosen.

(c) The Mayor may, for any reasonable cause, by and with the consent and upon the address of a majority of all the members of the Town Council, remove from office any person appointed by him or any of his predecessors. The person against whom the Council may be about to proceed shall receive five (5) days' written notice thereof, accompanied by a statement of the cause alleged for the removal and shall be accorded a full and fair hearing, if such a request is received by the Mayor by certified mail with return receipt requested within ten (10) days following the date that notice of removal is received by such person.

(d) The Mayor may appoint such other committees as he deems necessary for the proper administration of the Town of Camden or the Council may, by resolution, authorize the Mayor to appoint certain committees which are deemed necessary to carry out the provisions of this Act.

(e) It shall be the duty of the Vice Mayor, in the absence of the Mayor, to preside at all meetings of the Town Council in the event of absence of the Mayor and perform such other duties and to have such other powers of the Mayor as are prescribed by the Charter of the Town of Camden or by any ordinance of the Town Council."

Section 4. Amend Section 19, Chapter 272, Volume 63, Laws of Delaware, by striking said Section in its entirety and substituting in lieu thereof the following:

"TREASURER

Section 19. The Treasurer shall be above the age of twenty-one years of age at the time of his appointment.

The Town Treasurer, before entering upon the duties of his office, shall be sworn or affirmed to faithfully and honestly perform the duties of his office, which oath or affirmation shall be administered by the Mayor.

The Town Treasurer, before entering upon the duties of his office, shall also give bond to the Town of Camden, with sufficient surety to be approved by Council, in the penal sum of the amount in the municipal aid account or in the amount of Five Thousand Dollars (55,000.00), whichever is greater, conditioned for the faithful discharge of duties of his office and for the payment of his successor in office of all sums of money belonging to said Town, which remain in his hands upon the settlement of his accounts, to which bond and petition shall be annexed a warrant of attorney for the confession of judgment for said penalty.

The Treasurer shall pay all orders drawn on him by order of said Council and be signed by the Mayor and Secretary thereof, out of any moneys in his hands belonging to said Town. He shall settle his accounts with said Council annually by the end of the fiscal year, or at such other times as Council may require.

Section 5. Amend Chapter 272, Volume 63, Laws of Delaware, by striking each reference to "President" and "President of Council" and substituting in lieu thereof the word "Mayor".

Section 6. This Act shall not effect the terms presently being served by Council

members.

Approved July 16, 1987.