There shall be a Town Manager appointed by a majority vote of
all members of Council. He or she shall serve at the pleasure of the
Council and the Council shall determine the compensation. The Town
Manager may be removed by a majority vote of all members of Council,
but that removal shall not become effective until at least thirty
(30) days after written notice of removal is issued. The Council shall
appoint or designate an acting Town Manager if the Town Manager's
position is vacant or if the Town Manager is unable to serve.
The Town Manager shall have the authority to and shall be required
to:
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Be the chief administrative officer of the Town, see that governing
laws, regulations, and ordinances are faithfully executed and enforced.
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Be the head of the administrative branch of the Town Government.
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Appoint and remove all subordinate officers and employees of
the Town in accordance with the rules and regulations of any merit
system adopted by the Town.
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Make an annual report and other reports to the Council and to
the public from time to time on the condition of municipal affairs.
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Make recommendations to the Council for the public good and
welfare of the Town.
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Arrange for the taking of minutes of all Council meetings and
keeping a full and accurate account of the proceedings of the Council.
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Sign contracts, bonds, or other instruments that require the
assent of the Town.
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Do such other things as the Council may require, or as may be
required elsewhere in the Charter, by State law, or by ordinance.
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There may be a Chief Financial Officer appointed by the Council
who shall report to the Town Manager. He or she shall serve at the
pleasure of the Council and the Council shall determine the compensation.
The Chief Financial Officer may be removed by a majority vote of all
members of the Council, but that removal shall not become effective
until at least thirty (30) days after written notice of removal is
issued. The Council shall appoint or designate an acting Chief Financial
Officer if the position is vacant. The Council may designate the Town
Manager to be the Chief Financial Officer.
The Chief Financial Officer shall have the following powers
and duties:
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Prepare an annual budget to be submitted to the Council.
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Supervise and be responsible for the disbursement of all monies
and have control over all expenditures to assure budget appropriations
are not exceeded.
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Maintain a general accounting system for the Town in the form
required by the Council but not contrary to State Law.
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Submit at the end of each fiscal year and at such other times
as the Council may require, a complete financial report to the Council.
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Ascertain all taxable property within the Town is assessed for
taxation.
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Collect all taxes, special assessments, license fees, liens
and all other revenues including utility revenues of the Town and
all other revenues for whose collection the Town is responsible, and
receive any funds receivable by the Town.
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Have custody of all public monies, belonging to or under control
of the Town, except for funds in the control of any set of trustees,
and have custody of all bonds and notes of the Town.
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There shall be a Town Clerk appointed by the Town Manager, which
shall serve at the pleasure of the Town Manager. In addition to other
duties proscribed by law, the Town Clerk may also act as an executive
assistant to the Town Manager. The Town Council shall determine the
compensation of the Town Clerk. The Town Manager may appoint or designate
an acting Town Clerk if the Town Clerk's position is vacant or if
the Town Clerk is unable to serve.
The Town Clerk shall not be a member of the Council. The Town
Clerk, or a substitute person designated by the Town Manager to perform
the Town Clerk's duties, shall attend all meetings of the Town Council,
and shall, at the direction of the Town Manager, record all the proceedings
thereof and shall prepare and maintain the minutes of meetings. The
Town Clerk shall attest the Seal of the Town when authorized by the
Council and shall perform such duties and have such other powers as
may be prescribed by the Council or by ordinance.
The Town Manager and the Chief Financial Officer shall provide
a bond with such corporate surety and in such amount as the Council
by ordinance may require.
The Mayor shall be elected as provided in this Charter and shall hold office for a term of three (3) years or until his or her successor is elected and sworn in office except as provided in Section 2.515. The newly elected Mayor shall take office on the fourth Tuesday in April following an election. No Mayor may serve for more than two (2) consecutive terms beginning with the April election following the adoption of this Charter. A one (1) term lapse must occur before seeking re-election to office after two (2) consecutive terms.
The Mayor shall be at least eighteen (18) years of age; shall
have resided in the Town for at least two (2) years immediately preceding
the date of election and shall be a qualified registered voter (as
defined by this Charter) to the Town of Ocean View. The Mayor shall
maintain a permanent residence in the Town during his or her term
of office.
The Mayor shall receive an annual compensation, which shall
be established by ordinance. The Mayor's compensation shall not be
increased during the term for which he or she was elected, except
as provided below.
The Mayor's compensation shall be increased each year based
on the Consumer Price Index (CPI) published by the U.S. Department
of Labor. The CPI for January of each year shall be compared to the
CPI for the previous December and the relative percentage increase
shall be calculated. The compensation increment shall be one hundred
percent (100%) of the relative percentage increase. No decrease in
the prior year's compensation shall be allowed, so if there is no
CPI increase, the prior year's compensation shall continue in effect
until the following December. The effective date of the increase will
be the first (1st) of January.
The Mayor shall be recognized as the head of the Town government
for all ceremonial purposes, by the courts for serving civil processes,
and by the governor for the purpose of military and emergency law.
The Mayor shall have such other powers and perform such other duties
as may be prescribed in this Charter or required of him by the Council,
if not inconsistent with this Charter.
The Mayor may be removed from office after a public hearing
by a four-fifths (4/5ths) vote of all members of Council only if the
Council finds that the Mayor: (a) lacks, at any time during his/her
term of office, any qualification for his/her office prescribed by
this Charter or by law; Charter or (b) is convicted of a felony or
any crime involving moral turpitude.
[Amended 8-6-2020 by 82 Del. Laws, c. 273]
All legislative powers of the Town shall be vested in a Council consisting of a Mayor and four (4) Council Members. Such members shall be elected as provided in this Charter and shall hold office for a term of three (3) years or until Council Members elected to succeed them are sworn into office. Except as provided in Section 2.515, newly elected Council Members shall take office on the fourth Tuesday of April following an election. No Council Member may serve for more than two (2) consecutive terms beginning with the April election following the adoption of this Charter. Any person who is appointed or elected to fill a vacancy on the Council caused by resignation, illness, death, or otherwise, and who serves at least one-half of a term of office, shall be considered to have served a full term in that office. A one (1) term lapse must occur before seeking re-election to office after two (2) consecutive terms.
Each Council Member shall be at least eighteen (18) years of
age; shall have resided in the Town for at least one (1) year immediately
preceding the date of election; and shall be a qualified registered
voter (as defined by this Charter) in the Town of Ocean View. Each
Council Member shall be a resident of the Council district that the
candidate seeks to represent at the time of filing for candidacy and
during the full term of office.
The Council Members shall receive an annual compensation, which
shall be established by ordinance. Council Members' compensation shall
not be increased during the term for which they are elected except
as provided below.
The compensation shall be increased each year based on the Consumer
Price Index (CPI) published by the U.S. Department of Labor. The CPI
for December of each year shall be compared to the CPI for the previous
December and the relative percentage increase shall be calculated.
The compensation shall be 100% of the relative percentage increase.
No decrease in prior year's compensation shall be allowed so, if there
is no CPI increase, the prior year's compensation shall continue in
effect until the following January. The effective date of the increase
will be the first of January.
The Council shall have an organizational meeting on the fourth
Tuesday following the election. At that meeting, the Council shall
establish regular meeting dates and times. Regular meetings shall
not be less frequent than one (1) each month. A notice shall be published
at least once in a newspaper of general circulation in the Town stating
the date, time and place of regular meetings and shall otherwise comply
with the requirements of the Delaware Freedom of Information Act (Title
29, Chapter 100 of the Delaware Code as amended). Special meetings
shall be called by the Town Manager upon the request of the Mayor
or a majority of the members of the Council. Except as provided otherwise
in the Charter and/or by State law, all meetings shall be open to
the public. The Council shall determine its own rules and order of
business. The rules of the Council shall provide a reasonable opportunity
for Town residents to address the Council at regular and special meetings
of the Council. It shall keep minutes of its proceedings, including
a record of votes on final action or any questions or ordinance and
any other actions if requested by any one (1) member. The minutes
shall be open to the public during normal business hours at Melson
Administrative and Public Safety Building.
The Council may meet in executive session or adjourn an open
session to an executive session for the purposes as may be provided
for by State law and/or by ordinance.
The Council shall be the judge of the election and of the qualifications contained in Sections 2.202 and 2.302 of its members. Any member of Council may be removed from office after a public hearing by a 4/5ths majority vote of all members of Council only if the Council finds that a Council Member: (a) lacks, at any time during his/her term of office, any qualification for his/her office prescribed by this Charter or by law; Charter or (b) is convicted of a felony or any crime involving moral turpitude.
The Mayor shall serve as the presiding officer of the Council. The Mayor may take part in all discussions and may vote on all matters coming before the Council. At the first Council meeting following an election, the Council shall elect a Mayor Pro Tem to serve as the presiding officer in the absence of the Mayor. The term of the Mayor Pro Tem shall be until the next regular Town election. In the event of the resignation of the Mayor Pro Tem or if the Mayor Pro Tem becomes Mayor as provided for in Section 2.515 of this Charter, the Council shall elect a new Mayor Pro Tem at its next Council meeting to serve the balance of the term.
A majority of all members elected to the Council shall constitute
a quorum for the transaction of business but no ordinance shall be
approved without the favorable recorded votes of a majority of all
members of Council.
Vacancies on the Council shall be filled as provided in Section 2.515 of this Charter.
(A)
Introduction and Required Readings.
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Introduction. Every proposed ordinance shall be introduced in
writing in a form to be prescribed by the Town Council. Each such
ordinance, except the annual budget ordinance and general modifications
and revisions of ordinances, shall contain not more than one (1) subject,
which shall be clearly and adequately expressed in its title. This
process shall not apply to zoning ordinances.
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Readings. Upon the introduction of a proposed ordinance, it
shall be read at two (2) consecutive regular meetings of the Town
Council. Each such reading at a regular Town Council meeting shall
be a public hearing on the proposed ordinance. Readings by title only
shall be sufficient. No proposed ordinance may be acted upon until
the completion of the foregoing.
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No ordinance shall be passed at a meeting at which it is introduced.
At any regular or special Council meeting held not less than fourteen
(14) or more than sixty (60) days after the meeting at which an ordinance
was introduced, it shall be passed as amended, rejected or its consideration
defined to some specific future date. In cases of emergency affecting
life, health, property or the public good, the waiting period requirement
may be suspended by unanimous vote of the members of the Council who
are present.
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Except as set forth in Sections 3.115(A) 1 and 4.102(C), every
ordinance shall become effective following its passage.
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(B)
The Town Council may upon a four-fifths (4/5ths) vote of all
members of Council provide an emergency ordinance to take effect upon
passage. A summary of every ordinance excepting emergency ordinances
shall be published at least once prior to the date of passage in a
newspaper having general circulation in the Town. A summary of every
ordinance including emergency ordinances shall be published at least
once within ten (10) days after passage in a newspaper having general
circulation in the Town.
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The budget ordinance will be enacted as stated in Section 3.104 of this Charter.
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The Council may enact all ordinances necessary to carry out
the powers granted in this Charter. All powers of the Town shall be
exercised in a manner prescribed by this Charter or, if the manner
is not prescribed, in said manner as may be prescribed by ordinance.
To ensure compliance with the ordinances of the Town, the Council
shall have the power to affix penalties for the breach of an ordinance.
The Council may provide that a judgment or conviction for an offense
shall not bar a subsequent enforcement procedure for a continuation
of the same offense.
All public records shall be filed by the Town Manager and shall
be kept available for public inspection during normal business hours
in accordance with State law and the retention schedule established
by the Town Manager.
(A)
General Powers. The government of the Town of Ocean View, as
established herein, shall assume and have all powers which, under
the Constitution of the State, it would be competent for the General
Assembly to grant by specific enumeration, and which are not denied
by statute. This grant of powers includes the power to adopt ordinances
for the protection and preservation of town property, rights and privileges;
for the preservation of peace and good order; for securing protection
and promotion of health, safety, comfort, convenience, welfare and
happiness of the residents of the Town.
(B)
Construction. The powers of the Town of Ocean View shall be
construed liberally in favor of the Town, and specific mention of
particular powers shall not be construed as limiting in any way the
general powers stated in this section.
(C)
Intergovernmental relations. The Town of Ocean View may exercise
any of its powers or perform any of its functions and may participate
in the exercise thereof, jointly or in cooperation, by contract or
otherwise, with any one (1) or more municipalities, County or the
State, or the agencies thereof of the United States or any agency
thereof.
(D)
Exercise of Powers. All powers of the government of the Town
of Ocean View shall be carried into execution as provided by the Charter
or by other law of this State or as provided for by ordinance of the
Town government of Ocean View.
(E)
Specific Powers. These specific powers include but are not limited
to:
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Advertising: to provide for advertising for Town purposes and
for printing and publishing statements having to do with the business
of the Town.
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Amusements: to provide in the interest of the public welfare
for licensing, regulating or restraining public amusements.
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Animals: to regulate the keeping of animals, domestic or otherwise,
and to provide for the licensing and taxing of them; to provide for
disposition of homeless animals on which no license fee or taxes are
paid, of vicious animals and of impounded, unclaimed animals.
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Appropriations: to appropriate municipal funds for any lawful
purpose.
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Audits: to provide for the appointment of a Certified Public
Accounting Firm to audit the books and accounts of all Town officers
collecting, handling, or disbursing funds belonging to the Town.
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Billboards: to license, tax and regulate, restrain or prohibit
the erection or maintenance of billboards within the Town and placing
of signs, bills and posters of every kind and description on any fence,
post, billboard, pole or other place within the Town.
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Bonds: to issue bonds for public works projects, for capital
projects, and for litigation or appeal purposes as may be required
from time to time.
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Building Regulations: to make reasonable regulations concerning
buildings and signs to be erected within the limits of the Town, formulating
a building code and requirements for building permits.
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Cemeteries: to regulate or prohibit the internment of human
bodies within the Town and to regulate cemeteries.
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Codification of Ordinances: to provide for the codification
of all ordinances.
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Community Service: to provide, maintain, and operate selected
community and social services for the preservation and promotion of
the health, recreation, welfare and enlightenment of Town residents.
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Cooperative Activities: to make agreements with other municipalities,
counties, districts, bureaus, agencies, commissions and governmental
authorities for the joint performance of, or for cooperation in, the
performance of any governmental functions.
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Curfew: to prohibit the youth from being on the streets and
public places at unreasonable hours of the night.
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Dangerous Improvements: to compel persons about to undertake
dangerous improvements to execute bonds with sufficient sureties,
conditional that the owner or contractor will pay all damages resulting
from such work which may be sustained by any persons or property.
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Delegate: unless otherwise prohibited by law, delegate certain
Town functions to third parties.
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Departments: to create, change and abolish offices, departments
or agencies other than offices, departments or agencies established
by this Charter. These shall not include the power to discontinue
or assign to any other office, department or agency any functions
or duties assigned by this Charter to a particular office, department
or agency.
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Elevators: to require the inspection and licensing of elevators
and to prohibit their use when unsafe or dangerous, or without a license.
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Environmental Control: to regulate the use of the environment.
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Explosives, Combustibles and other Weapons: to control the use
and handling of dangerous and explosive materials and to prevent the
firing of any firearms or other explosive instruments within the Town
limits.
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Finances: to levy, assess and collect taxes; to expend municipal
funds for public purposes and to have general management and control
of the finances of the Town.
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Fire: to prevent and suppress fires and to establish and maintain
fire department protection.
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Food: to inspect and, if deemed unsafe, to require the condemnation
of, and regulate the sale of, any food products.
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Franchises: to grant and regulate franchises as provided by
State law; to grant one (1) or more franchises for a community antenna
system or other cable television system or telecommunication system
that utilizes any public right-of-way, highway, street, road, land,
alley or bridge; to grant any other franchises which may be deemed
advantageous and beneficial to the Town; to impose franchise fees
and to establish rates, rules and regulations for franchises granted
under this Section. No franchise shall be granted for a period longer
than fifty (50) years.
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Garbage and Trash: to prevent the deposit of any unwholesome
substance whether on private or public property and to compel its
removal to designated points; to require dirt, garbage, trash, liquids,
ashes, and other wastes or unwholesome materials be removed to designated
points and to provide for the proper disposal of such material or
require the occupants of the premises to place them conveniently for
removal.
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Grants-In-Aid: to accept gifts and grants of funds from Federal,
State and County governments or their agencies or any bi-county agency;
to expend the funds for any lawful purpose, according to the conditions
under which the gifts or grants were made and to expend money necessary
to the applications and qualifications of such grants.
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Hawkers: to license, tax, regulate, suppress and prohibit hawkers
and itinerant dealers, peddlers, pawnbrokers, and all other persons
selling any articles on the streets of the Town and to revoke such
licenses for any action or threat of action by a licensee in the course
of his or her occupation which causes or threatens harm or injury
to inhabitants of the Town or to their welfare.
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Health: to protect and preserve the health of the Town and its
inhabitants; to appoint a public health officer and to define and
regulate his or her powers and duties; to prevent the introduction
of contagious diseases to the Town; to establish quarantine regulations;
to authorize the removal and confinement of persons having contagious
or infectious diseases; to prevent and remove all nuisances and to
inspect, regulate and abate any buildings, structures or places which
cause or may cause unsanitary conditions or conditions detrimental
to health.
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Inspections: to authorize and require inspection of gas pipes,
water pipes, plumbing apparatus, electric lines and wires, and any
other utility, carrier or device, and drainage and sewage systems
on private property, and to compel repairs if needed.
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Licenses and Permits: to exercise the licensing authority granted
in the business regulations article of the State code and other provisions
of law, subject to the limitations of all State codes; to establish
and collect reasonable fees and charges for all franchises, licenses
or permits issued by the Town or associated with the exercise by the
Town of any governmental or proprietary function.
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Liens: to provide that any valid charges, taxes or assessments
made against any real property by the Town, within the Town, shall
be liens upon the property to be collected as municipal taxes are
collected.
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Lights: to provide for the lighting of the Town and to regulate
private lighting to prevent it from becoming a nuisance or disturbing
the privacy of other citizens.
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Minor Privileges: to regulate or prevent the use of public ways,
sidewalks and public places for signs, awnings, posts, railings, entrances,
rocks, posted handbills and advertisements and display of goods, wares
and merchandise.
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Noise: to establish rules and regulations for the abatement
of noise.
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Nuisances: to prevent or abate by appropriate ordinance all
nuisances in the Town which are so defined by common law, this Charter
or by the laws of the State of Delaware, whether or not they are specifically
listed in this Charter.
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Obstructions: to remove all nuisances and obstructions from
streets, lanes, alleys, and adjoining lots, or other places within
the Town limits.
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Parking Facilities: to license and regulate and to establish,
obtain by purchase or lease or by rent, own, construct, operate and
maintain lots for off street parking.
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Parking Meters: to install parking meters on the streets and
public places of the Town in such places as the Parks and Recreation:
to establish and maintain public parks, gardens, playgrounds and other
recreational facilities and programs to promote the health, welfare
and enjoyment of Town residents.
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Police: to establish and maintain adequate police protection.
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Provide for the purchase of materials, supplies and equipment
through the State of Delaware agencies whenever desirable.
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Regulations: to adopt by ordinance, and enforce within the corporate
Town limits, police, health, sanitary, fire, building, plumbing, traffic,
speed, parking and other similar regulations not in conflict with
the laws of the State of Delaware or this Charter.
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Seal: to make, have, use, and from time to time, alter a common
seal.
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Special Elections: to provide for special elections for municipal
purposes, at such times and places as may be determined, subject to
the provisions of this Charter.
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Zoning: to exercise planning and zoning powers conferred upon
municipal corporations generally or to the Town specifically.
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Saving Clause. The enumeration of powers in this section shall
not be construed as limiting the powers of the Town to the subjects
mentioned.
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The Town Council shall appoint an attorney who shall have the
title of Town Solicitor. The Town Solicitor shall serve at the pleasure
of the Town Council and shall be licensed to practice law in the State
of Delaware. It shall be the duty of the Town Solicitor to give legal
advice to the Council and Town Officers and to perform such other
services as may be required by the Council.
Every person who is a citizen of the United States; is at least
eighteen (18) years of age; has resided within the corporate limits
of the Town for at least six (6) months prior to the next Town election;
and is registered in accordance with the provisions of this Charter,
shall be a qualified voter of the Town. Every qualified voter of the
Town shall be entitled to vote in any or all Town elections.
(A)
The Town of Ocean View is divided into four (4) geographic election
districts for Town Council. The Council shall establish by ordinance
the geographical area of the Council districts. The position of Mayor
shall be elected at large.
(B)
1.
The Council will reevaluate and reestablish the boundaries of
the Council districts, if necessary, to achieve substantial equality
of representation as soon as practicable following the publication
of each decennial census of the population of the United States.
2.
Any ordinance enacted by the Town of Ocean View for purposes
of establishing the Council districts shall be effective forty-five
(45) calendar days after enactment provided that said ordinance is
not petitioned to referendum pursuant to paragraph C herein.
(C)
1.
Any ordinance relating to election districts shall be subject
to referendum where a proper petition signed by thirty three percent
(33%) of the eligible voters within the Town is filed with the Town
Clerk within thirty (30) calendar days of the date of adoption of
the ordinance.
2.
If a proper referendum petition is filed, the Town Council,
by ordinance, shall set the time and date for submission of the petition
to the voters of the Town. The Board of Elections shall conduct the
referendum election in the same manner as regular Town elections.
(D)
The Council shall assign any geographical areas annexed into
the corporate limits of the Town of Ocean View to the appropriate
election district.
There shall be a Board of Elections, consisting of five (5)
members and three (3) alternates, who shall be appointed by the Council
at the first meeting in the month of May. The alternates shall be
bound by all the applicable provisions of this Charter and shall attend
all meetings of the Board and, if a member of the Board is absent
or incapacitated for any reason, shall serve in that member's place
until the absence or incapacity has ceased, having all the powers
and authority, including the right to vote, and being subject to the
duties imposed on a member of the Board. The terms of members of the
Board of Elections and alternates shall begin in May of the year they
are appointed, and shall expire in May three (3) years following their
appointment, but not until their successors have been appointed. Members
of the Board of Elections and alternates shall be qualified voters
of the Town and shall not hold or be candidates for any elective office
during their term of office. The Board shall appoint one (1) of its
members as Chairperson. Should a vacancy or vacancies occur on the
Board of Elections, the Council shall fill the unexpired term(s).
The Council shall determine the compensation of the members of the
Board and alternates. In addition to the qualifications set forth
in this Charter, each member of the Board of Elections shall satisfy
the requirements for office as set forth in Title 15 of the Delaware
Code.
The Council may remove any members of the Board of Elections
for good cause. Before removal, the member of the Board of Elections
to be removed shall be given a written copy of charges against him
or her, and shall have a public hearing on the charges before the
Council if he or she so requests within ten (10) days after receiving
the written copy of the charges against him or her.
The Board of Elections shall be in charge of the registration
of voters, nominations and all Town elections. The Board may appoint
election clerks or other employees to assist it in any of its duties,
which may be employees of the Town.
The Board of Elections shall give at least twenty (20) days
notice, or in a timely manner as required by other sections of this
Charter or Title 15 of the Delaware Code, of every election by an
advertisement published in at least one (1) newspaper of general circulation
in the Town, and posting a notice thereof in public places in the
Town.
The Town Council shall provide by ordinance for the registration
of all eligible voters, and the establishment and maintenance of voters'
registration lists, including the procedures to be used for the removal
of any name from the voter list.
If any person shall feel aggrieved by the action of the Board
of Elections in refusing to register, or in striking off the name
of any person, or by any other action, such person may appeal pursuant
to applicable procedures set forth in Title 15 of the Delaware Code.
Persons may be nominated for Town Council in the Town of Ocean
View by the filing of a Certification of Intent and by the payment
of a Fifty Dollar ($50) filing fee with the Board of Elections at
least thirty (30) days prior to the date of election and for Mayor
at least forty-five (45) days prior to the date of election and by
observance of such other requirements as may be imposed by the Council
by ordinance. The Town Manager shall cause a Notice of Solicitation
of Candidates to be conspicuously posted at least twenty (20) days
in advance of the nomination date for Mayor or Town Council. The Certificate
of Intent shall contain the following: the office which the candidate
is seeking; the name and signature of the candidate; the election
district in which the candidate resides. No person shall file for
nomination for more than one (1) elective office or hold more than
one (1) elective public office at any one (1) time.
All municipal elections in the Town of Ocean View shall be conducted
on a non-partisan basis and no ballot shall carry any party affiliation.
It shall be the Board of Elections responsibility to provide for each
special and general election in a suitable place or places for voting
and suitable voting machines. The voting machines shall show the name
of each candidate nominated for elective office in accordance with
the provision of the Charter. The Board shall keep the polls open
to a time required by the Council. An election shall be held in the
Town of Ocean View for Town Council on the second Saturday of April.
Hours for the length of poll openings shall be set by the Town Council
and announced in all advertisements required by this Charter.
Any qualified voter may cast an absentee ballot if he or she
qualifies and meets the conditions to submit an absentee ballot under
Title 15 of the Delaware Code. Requests for absentee ballots must
be completed and returned to the Melson Administrative and Public
Safety Building by 12:00 Noon on the day prior to the election.
The Board of Elections shall conduct all special Town elections
in the same manner and with the same personnel as far as practicable
as regular Town elections.
After the closing of the polls, the Board of Elections shall
determine the vote cast for each candidate or issue and shall certify
the results of the elections to the Town Manager for each candidate
or issue. The Town Manager shall cause the results to be recorded
in the minutes of the Council.
All non-electronic ballots and records used in any Town election
shall be preserved for at least six (6) months from the date of election.
(A)
In case of a vacancy in the office of Mayor for any reason:
1.
If the vacancy occurs less than one (1) year prior to the next
election, the Mayor Pro Tem shall become Mayor until the next regular
election and the vacancy in the Council created thereby shall be filled
as provided hereinafter.
2.
If the vacancy occurs more than one (1) year prior to the next
election, the Council shall by ordinance, call a special election
to be held not less than sixty (60) nor more than ninety (90) days
following the occurrence or vacancy. The Mayor Pro Tem shall act as
Mayor until the special election. The person elected at the special
election shall serve as Mayor until the next regular election.
(B)
In case of a vacancy on the Council for any reason:
1.
If the vacancy occurs less than one (1) year prior to the next
regular election, the Council shall appoint some person qualified
in accordance with this Charter and who resides in the election district
in which the vacancy occurred, to fill such vacancy until the next
regular election.
2.
If the vacancy occurs more than one (1) year from the next regular
election, the Council shall by ordinance, call a special election
to be held not less than sixty (60) days nor more than ninety (90)
days following the occurrence or vacancy. The person elected at the
special election shall serve for the remainder of the unexpired term
of the vacant seat.
(C)
Any vacancies on the Council to be filled by appointment shall
be filled by the favorable votes of the majority of the remaining
members of the Council. The results of any such vote shall be recorded
in the Minutes of the Council.
(D)
Notwithstanding the provisions of Section 2.201 relating to Mayor and to Section 2.301 relating to Council Members, in the event that a person shall be barred from seeking reelection to either office by reason of the term limitation and no other person shall file for election to fill such vacancy, the Town Council may appoint the incumbent to fill such vacancy until a person shall have been elected at the special election as set out above.
The Council shall have the power to provide by ordinance, in
every respect not covered by the provisions of the Charter or State
law, for the conduct, registration, nomination, and Town elections.
Also, the Council shall have the power to provide ordinances for the
prevention of fraud in connection therewith and for a recount of ballots
in case of doubt or fraud.
Unless otherwise provided by ordinance, violation of the election
laws for the Town of Ocean View shall be punishable as provided for
by the laws of the State of Delaware.
