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.