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 Mayor and a Town Council. The Mayor shall be elected at large
by the qualified voters of the Town. One member of the Town Council
shall be elected by the qualified voters of each district.
The next regular municipal election of Mayor and Council after
1997 shall be held on the last Saturday in April of 1999, and regular
municipal elections of Mayor and Council shall be held on the last
Saturday in April every two years thereafter. (71 Del. Laws, c. 126,
6/30/97)
The Mayor shall have been a resident of the Town for three years,
and not less than 30 years of age at the time of his election. He
or she shall be elected at large for a term of two years or until
his or her successor shall be duly elected and qualified, but the
present Mayor shall serve until the qualification of his or her successor
after the election of April, 1999. Before entering the duties of his
office, the Mayor shall be sworn or affirmed by a Justice of the Peace,
or by a notary public, to perform the duties thereof honestly, faithfully,
and diligently. (71 Del. Laws, c. 126, 6/30/97)
The conviction of the Mayor of any felony or of any misdemeanor
relating to the conduct of his office shall result in an automatic
forfeiture of his office, which shall thereupon be vacant.
The Treasurer shall be appointed by the Mayor and confirmed
by the Town Council. The Treasurer shall have been a resident of the
Town for at least one year prior to his or her appointment.
The Treasurer may be removed from office any time five members
of the sitting Council vote in favor of removal. (71 Del. Laws, c.
628, 6/29/98; 75 Del. Laws, c. 187, 7/12/05)
The Treasurer shall not pay out any money except upon check
or warrant countersigned by the Mayor and authorized by the Council.
In case of the temporary absence or inability to act of the Treasurer,
the President Pro Tempore shall be empowered to countersign checks.
The Treasurer shall attend all meetings of the Council.
In the event that the office of Treasurer becomes vacant for
any cause, the vacancy shall be filled for the unexpired term by appointment
by the Mayor subject to confirmation by a majority of Council.
A.
Any qualified voter of the Town of Elsmere who has attained the age
of twenty-one years, in the case of Councilperson, and thirty years,
in the case of Mayor, and who has not been convicted of a felony shall
be eligible for the office of Mayor or Councilperson; provided that
any person elected to Council must at the time of his or her election
reside in the district from which elected.
B.
Loss of residence in the Town or in the district from which elected,
or a conviction of a felony or failure to attend three consecutive
regular meetings of Council without being excused by the Council,
during the tenure of office shall create a vacancy.
C.
In case of a vacancy for any cause, a special election, conducted
in the same manner as a regular election, except that the nominating
petitions shall not be filed later than 20 days before the date of
the special election, shall be held within 60 days after the occurrence
of the vacancy, as may be proclaimed by the Council; provided, however,
that if the vacancy occurs within 365 days of a regular election,
the vacancy shall be filled by appointment by the Mayor subject to
confirmation by a majority of the Council. (75 Del. Laws, c. 187,
7/12/05)
The Council shall determine the annual salary of the Mayor,
Councilman and Treasurer by ordinance, but no ordinance increasing
such salary shall become effective until the date of commencement
of the terms of members of the Council elected at the next regular
election, provided that such election follows the adoption of such
ordinance by at least six (6) months. Members of the Council shall
receive reimbursement for actual and necessary expenses incurred in
traveling when on official business. The salary of the Mayor may exceed
that of Councilmen.
The Council of the Town of Elsmere shall take office on the
Monday following the regular municipal election, shall hold an organizational
meeting in the evening of the next Thursday at which the President
Pro Tempore shall be elected by the Council from among the members
of the Council, and shall meet regularly at least once a month thereafter.
Special meetings may be called by the Mayor and shall be called upon
the written request of any three members of the Council. At least
two days' written notice of special meetings shall be given to each
Councilman, provided that if all the Councilmen shall sign a waiver
of notice of a particular special meeting, then the notice aforesaid
shall not be a prerequisite to the validity of such special meeting.
All meetings of the Council shall be open to the public.
The Mayor shall be the executive of the Town. He shall preside
at meetings of the Council, and shall have a vote on all issues before
the Council. He shall execute on behalf of the Town, when authorized
by Council, all agreements, contracts, bonds, deeds, leases, and other
documents necessary to be executed. Unless otherwise provided by ordinance
or resolution, the Mayor shall appoint all committees. He shall countersign
all orders, checks or warrants authorized by Council and drawn on
the Treasurer for payment of money, and shall have all and every power
conferred and perform all duties imposed upon him by this Charter
and the ordinances of the Town.
In case of the temporary absence or inability to act of the
Mayor, the President Pro Tempore, when lawfully acting as Mayor shall
have all the powers conferred upon the Mayor by this Charter.
In the event that the Mayor becomes disqualified from holding
office by reason of resignation, death, removal from the Town, conviction
of a felony, or malfeasance in office, the President Pro Tempore shall
succeed to the office of the Mayor for the balance of the unexpired
term. The succession of the President Pro Tempore to the office of
Mayor shall create a vacancy in the Council. (71 Del. Laws, c. 328,
6/29/98)
The Council shall be the judge of the election and qualification
of its members and for such purpose shall have power to subpoena witnesses
and require the production of records, and, in the event that special
proceedings may be necessary to determine or establish such qualifications,
shall keep a record of such proceedings, which record shall be subject
to review by the Superior Court of the State of Delaware in and for
New Castle County.
The Council shall determine its own rules of procedure and order
of business. It shall keep a record of its proceedings and the record
shall be open to public inspection. Elections for officers shall be
by a majority vote of the members elected to the Council and the results
shall be entered on the record of Council.
A majority of the members elected to the Council shall constitute
a quorum to do business but a smaller number may adjourn from time
to time and may compel the attendance of absent members in such manner
and under such penalties as may be prescribed by ordinance. No ordinance
shall be valid unless it shall have the affirmative vote of the majority
of the members elected to the Council. Resolutions, orders and motions
shall be valid upon the affirmative vote of a majority of members
of the Council present. No member shall be excused from voting on
ordinances, resolutions, orders or motions, except when such a vote
will constitute a conflict of interest.
The enumeration of certain officials in the Charter to be appointed
by the Council is not to be construed as a limitation on the power
of the Council to create such new positions or offices as may be deemed
essential to accomplish the objectives of the Town's government or
to provide for the selection of suitable persons to fill any positions
or offices.
All vacancies in appointive offices shall be filled by the Mayor,
with confirmation by the consent of the majority of the whole Council,
for the unexpired term.
