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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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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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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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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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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The Department of Public Safety is hereby authorized to appoint
and commission annually a physician.
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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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