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. (75 Del. Laws, c. 187, 7/12/05)
(1)
Department of Public Safety; Created; Composition.
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There is hereby created a department for the Town of Elsmere,
to be known as the Department of Public Safety, which shall consist
of a full-time Chief of Police and such officers and employees as
may be assigned to this Department.
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(2)
Appointment.
(i)
The Chief of Police shall be appointed by an affirmative vote
of five members of Council and shall serve with compensation in accordance
with the policy wage scale. The Chief of Police shall be entitled
to and shall be entitled to and shall receive all of the benefits
given to all sworn police personnel including police pension.
(ii)
The Chief shall have the same rights to engage in political
activity as are afforded to any other person. The right to engage
in political activity shall not apply to the Chief while he or she
is on duty or while he or she is acting in his or her official capacity
or while in uniform.
(iii)
The Chief of Police shall not hold any other municipal office
while serving as the Chief of Police.
(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.
(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. To be eligible
for appointment to Chief of Police from within the Department, an
officer shall have applied for such appointment and shall meet the
following criteria:
1.
The candidate shall have at least five (5) years of continuous
service within the Department.
2.
The candidate shall currently hold the rank of sergeant or above.
3.
The candidate shall have received two consecutive favorable
evaluations by his or her superiors.
4.
The candidate shall have experience in police command.
(vi)
Notwithstanding subparagraph (v), above, the Council may appoint
a Chief of Police who is not then an officer in the Department if
the Council determines by a three-quarters vote of the whole Council
that it is in the best interest of the Town to do so. Any person so
appointed shall have qualifications at least equal to those set forth
for appointment from within the Department, except that his or her
years of continuous service need not have been within the Department.
(3)
Investigation, Disciplinary Action,
Demotion or Dismissal.
(a)
Whenever the Chief is under investigation or is subject to questioning
for any reason which could lead to disciplinary action, demotion or
dismissal, the investigation or questioning shall be conducted pursuant
to the procedures provided by Town Ordinance adopted by a three-quarters
vote of the whole Council and the laws of the State of Delaware.
(b)
If Council, following a hearing on any charges against the Chief
of Police, determines to impose any disciplinary action, demotion
or dismissal, the Chief of Police shall have the right to appeal to
the Superior Court of the State of Delaware within thirty (30) days
of any vote by Council on such charges. The appeal shall be taken
in accordance with the rules of the Superior Court and shall be based
solely on the record made before Council.
(4)
Powers and Duties.
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The Chief of Police shall be responsible for the day to day
operation, jurisdiction, management and control of the Department
of Public Safety of the Town of Elsmere. He shall be responsible to
the Council for the administration of the Public Safety Department.
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(5)
Preparation and Approval of Budget.
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The Chief of Police shall each year submit in writing a budget
to the Council in the time-frame as ordained by Council. After careful
consideration of said proposed budget, the Council shall make an appropriation
of monies to the Department which shall serve as the actual annual
budget.
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The Chief of Police shall then administer the Department within
the monetary restraints or the total amount of funds allocated by
the annual budget to the Department of Public Safety. Should additional
monies become necessary to properly administer the Department, the
Chief of Police shall prepare a presentation to the Council which
will explain in detail the reason for the expected shortfall and will
discuss possible alternative solutions to the problem(s). The Chief
will then request the Council to take action to eliminate the problem.
The Council shall act on such request within a reasonable time.
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(6)
Payment of Accounts.
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All accounts contracted by the Department of Public Safety in
the course of the affairs of the Department shall be paid by the Town
Treasurer out of the appropriation provided for in the preceding Section
upon proper voucher approved by the Chief of Police and in accordance
with the standard operating procedures of the Town.
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(7)
Duties of the Town Solicitor.
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The Town Solicitor shall be the legal advisor and attorney for
the Department of Public Safety; he shall prosecute all actions against
an officer, agent or employee of the Department of Public Safety for
official misconduct; he shall be the legal counsel of such Department.
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(8)
Department Physician.
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The Department of Public Safety is hereby authorized to appoint
and commission annually a physician.
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(9)
Personnel of Department.
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In addition to the powers conferred upon the Chief by this Act,
the Chief of Police shall appoint such number of officers, agents,
members and employees of the Department and fill vacancies therein;
provided that any increase in the number of employees currently employed
upon the adoption of this Act shall be proposed by the Chief and approved
by an affirmative vote of five members of Council. The Chief shall
fix and regulate the salary of the employees provided that any amendment
of the current police wage compensation scale in effect upon the adoption
of this Act shall be proposed by the Chief and approved by an affirmative
vote of five members of Council. (68 Del. Laws, c. 235, 4/27/92; 75
Del. Laws, c. 187, 7/12/05)
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The Council shall have the power to fix the compensation of
all officers elected by ballot at the annual organization meeting,
and such other officers, employees and agents of the Town, which by
it may be deemed proper and necessary for the proper conduct and management
of the Town. Any officer or appointed official may be removed by the
Council for sufficient cause.
The Council may provide, by ordinance, a Retirement Plan for
any or all groups of employees in the service of the Town of Elsmere.
All contracts of whatever character involving an expenditure
above an amount determined by resolution of the Council shall be written
and shall be let and made by the Council and shall be based on specifications
provided by the appropriate person designated by the Council or other
person designated by the Council. (75 Del. Laws, c. 187, 7/12/05)
Pending advertisements for bids, any plans, specifications,
and profiles to be used in the proposed work or contract shall remain
on file in the office of the Council and shall be subject to the inspection
of any interested person. All contracts and purchases above an amount
determined by resolution of the Council shall be entered into and
made only after advertising not less than two (2) times in a newspaper
of general circulation in New Castle County, inviting competitive
bids. Each such bid shall be sealed and filed with the person designated
by the Council. All bids shall be opened in the presence of the Council
or a duly authorized committee of the Council and shall remain on
file.
The Council shall consider all bids which have been properly
filed and may enter into a contract with the party offering the lowest
and/or best bid, or they may reject all bids and readvertise for bids,
or they may have the work done under the supervision of the proper
department of the Town.
The awarding of a contract to the successful bidder shall give
no right of action or claim against the Town upon such bid or contract
until the same shall be reduced to writing and duly signed by the
contracting parties. The Council shall have the power to require all
bidders to post bonds to secure the performance of the contract and
the payment of all claims for labor and materials used in the work.
All fees and monies received by any officer or employee shall
belong to the Town of Elsmere and shall be paid to the Finance Department
unless otherwise provided herein or by ordinance. (75 Del. Laws, c.
187, 7/12/05)
