The government of the Town and the exercise of all powers conferred
by this Charter, except as otherwise provided herein, shall be vested
in the Town Council. The Town Council shall be composed of four (4)
Ward members and a Mayor, each of whose terms shall be for a period
of two (2) years commencing at the Annual Meeting of the Town Council
following their election and continuing until their successor is duly
elected and qualified. Each member of the Town Council shall be elected
by the voters at large. The Mayor of the Town of Georgetown and each
Town Council member shall receive as compensation such amount as shall
be determined by the Town Council by ordinance or resolution for attendance
at any regular meeting, special meeting or workshop meeting. The time
of payment is to be determined by the Town Council, but in no event
shall such compensation be paid less frequently than annually and
at no time shall the compensation to be received by the Mayor during
any fiscal year be more than Two Thousand Dollars ($2,000.00) and
no Ward member of the Town Council shall receive during any fiscal
year more than One Thousand Dollars ($1,000.00).
(a)Â
The Mayor of The Town of Georgetown, with the concurrence of a majority
of all the elected members of the Town Council, may appoint a Town
Manager who shall be the Chief Administrative Officer of the Town
at such compensation as shall be determined by the Town Council.
(b)Â
The Town Council of the Town of Georgetown shall impose such qualifications
for Town Manager as may be deemed necessary; provided however, that
no person holding the office of Mayor or Town Council member shall
be chosen to be Town Manager during his/her term of office as Mayor
or Council member.
(c)Â
The Town Manager shall hold office for an indefinite term and may
be removed by a majority vote of the Town Council of the Town of Georgetown.
At least thirty (30) calendar days before such removal shall become
effective, the Town Council shall, by a majority vote of all the elected
members thereof, adopt a preliminary resolution stating the reasons
for his/her removal. The Manager may reply in writing and may request
a public hearing which shall be held not earlier than twenty (20)
calendar days nor later than thirty (30) calendar days after the filing
of such request. After such public hearing, if one be requested, and
after full consideration, the Town Council, by a majority vote of
all the elected members thereof, may adopt a final resolution of removal.
By the preliminary resolution, the Town Council may suspend the Town
Manager from duty with or without pay but shall in any case cause
to be paid him/her forthwith any unpaid balance of his/her salary.
(d)Â
In case of the absence or disability of the Town Manager, the Town
Council may designate some qualified person to perform the duties
of such office during his/her absence or disability. The compensation
which the Town Manager shall receive for the performance of his/her
duties shall be fixed by the Town Council of The Town of Georgetown.
(e)Â
The Town Manager shall be responsible to the Town Council for the
proper administration of the affairs of the Town placed in his/her
charge and to that end he/she shall have the power to make such appointments
and to hire such employees at such compensations as are authorized
by the Town Council, subject to such rules and regulations as may
be adopted by the Town Council. All employees shall be hired for an
indefinite term and may be suspended with or without pay, demoted
or dismissed by the Town Manager at any time unless otherwise provided
by resolution of Council and shall report all such suspensions, demotions
or dismissals to the Town Council at the next meeting of such Town
Council whenever such meeting be a regular meeting or a special meeting.
The Town Council of the Town shall sit as a Board of Appeal for the
protection of Town employees at those times when the majority of all
the Town Council are agreed that a review of the action of the Town
Manager would be in the best interest of the Town. The decision of
the Town Council in such case shall be final and conclusive.
(f)Â
It is the intention of this Charter that, in the performance of his/her
duties, and in the exercise of his/her powers, the Town Manager shall
not be influenced by any matters whatsoever of a political or fractional
nature. It is the intention of this Charter that the Town Manager
shall be guided solely by matters of expediency and efficiency in
the administration of the affairs of the Town placed in his/her charge.
Except for purposes of inquiry, the Town Council shall deal with that
portion of the administrative service for which the Town Manager is
responsible solely through the Town Manager.
(g)Â
It shall be the duty of the Town Manager to supervise the administration
of the affairs of the Town under his/her charge and to make such reports
to the Town Council as are required by the Town Council. The Town
Manager shall make such recommendations to the Town Council concerning
the affairs of the Town as may seem to him/her desirable; keep the
Town Council advised of the financial condition and future needs of
the Town; prepare and submit to the Town Council the annual budget
estimate; render to the Town Council at the regular monthly meeting
of each and every month a true, accurate and detailed account of all
the moneys collected or received by him/her in the performance of
his/her duties and shall promptly turn the same over to the Town Council.
(h)Â
In conjunction with the Mayor, he/her shall sign warrants pursuant
to appropriations or resolutions theretofore made for the Town Council;
prepare and submit to the Town Council such reports as may be required
by the Town Council; and perform such other duties as may be prescribed
by this Charter or required of him/her by Ordinance or Resolution
of the Town Council.
(i)Â
The Town Manager and such other officers of the Town as may be designated
by vote of the Town Council shall be entitled to a seat in the meetings
of the Town Council, but shall not vote therein.
(j)Â
The Town Manager shall have charge of the water plant operated by
the Town, and of the water and sewer systems of the Town. The Town
Manager shall have charge of the supervision of the streets, gutters,
curbs and sidewalks of the Town and of all work relating thereto.
The Town Manager shall have charge of the administration of all provisions
of this Charter and ordinances and regulations of the Council relating
to affairs of the Town, when not otherwise provided for by this Charter
or by any ordinance or resolution of the Council. The Town Manager
shall ex officio be the collector of taxes for the Town. It shall
be his/her duty to collect all water rents and fees for the tapping
of water mains and sewers, and all Town revenue from any source whatsoever.
(k)Â
The Town Manager shall keep a full and strict account of all moneys
received and all disbursements made by him/ her and such accounts
shall, at all times, be open to inspection to the Town Council.
(l)Â
The Town Manager shall give to the Town a bond, if required by the
Town Council, in such sum and in form with security satisfactory to
the Town Council for the faithful performance of the duties of his/her
office and the restoration to the Town, in case of his/her death,
resignation, or removal from office all books, papers, vouchers, money
and other property of whatever kind in his/her possession belonging
to the Town.
(m)Â
In the event of a vacancy in the office of the Town Manager for any
reason or reasons whatsoever, the duly appointed and qualified successor
to that office shall succeed to all the rights, privileges and powers
theretofore reposed in his/her predecessor or predecessors in office
in the same manner as though all acts, deeds and steps theretofore
taken by any such predecessor or predecessors with respect to any
matter or thing pertaining to said office had been taken or performed
by the successor to such office.
(n)Â
Upon the death, resignation, or removal from office of the Town Manager,
the Town Council shall appoint some suitable person, who may be an
elected or appointed official of the Town, to perform the duties of
Town Manager; provided, however, such person shall not serve for a
period exceeding ninety (90) calendar days from the date of his/her
appointment.
(a)Â
The Town Council shall be responsible for the establishment of a
police department and adoption of a workforce level. The Town Council
shall, from time to time, make such rules and regulations as may be
necessary for the organization, government and control of the police
force. The Town of Georgetown police force shall exercise primary
jurisdiction within the boundaries of the Town, to include annexed
properties not specifically identified within this Charter. Each sworn
member of the police force shall have police powers and shall be conservators
of the peace throughout the Town of Georgetown. They shall suppress
all acts of violence and enforce all laws relating to the safety of
persons and property. They shall compel the enforcement of all laws
enacted by the Town Council of the Town of Georgetown. The police
force shall preserve peace and order and shall compel obedience within
the Town limits to the ordinances of the Town and the Laws of the
State of Delaware. Each officer of the Georgetown Police Department
shall take an oath to protect, defend, and obey the Constitution of
the United States of America and the Constitution and Laws of the
State of Delaware and ordinances of the Town of Georgetown. In the
case of a pursuit of an offender, the power and authority of the police
force shall extend beyond the territorial limitations of the Town
of Georgetown. It shall be the duty of the police force to suppress
riotous, disorderly or turbulent assemblages of persons in the streets
of the Town or the noisy conduct of any person in the same, and upon
the view of the above or upon the view of the violation of any ordinance
of the town relating to peace and good order thereof, the police force
shall have the right and power to arrest without a warrant.
(b)Â
The Chief of Police shall be appointed by the Mayor with the advice
and consent of a majority of all elected members of the Town Council
at such compensation as shall be determined by the Town Council. The
Chief of Police shall be solely responsible for the day to day operational
control of the police department. The Chief of Police shall make rules
and regulations governing the operational control of the police department.
The Chief of Police will be responsible for the good order and discipline
of the department. The Chief of Police will be responsible for the
hiring of qualified persons to be employed by the police department.
The Chief of Police will be responsible for the promotion and demotion
of employees in accordance with the written policies of the police
department. The Chief of Police or his/her designee is authorized
to suspend, dismiss or discipline any employee of the police department
for violations of the Laws of the State of Delaware, ordinances of
the Town of Georgetown or written policies of the Town of Georgetown
of the Police Department. The Chief of Police shall be subject to
the direction of the Town Manager acting for the Town Council. The
Chief of Police shall have such other duties as the Town Manager may
from time to time prescribe. All members of the police force shall
be paid such compensation as shall be determined by the Town Council.
(c)Â
The Police Chief shall hold office for an indefinite term and may
be removed by a majority vote of the Town Council of The Town of Georgetown
as in compliance with 11 Del.C. § 9301.
(d)Â
Every person sentenced to imprisonment by the Alderman or the Assistant
Alderman or a Justice of the Peace, as the case may be, shall be delivered
by a member of the police force to the correctional institution located
in Sussex County to be there imprisoned for the term of his/her sentence.
(e)Â
In the case of an arrest at any time when the Alderman or the Assistant
Alderman of the Town of Georgetown shall not be available or if no
such Alderman or Assistant Alderman has been appointed, the person
arrested may be taken before the nearest Justice of the Peace with
offices in Sussex County who shall hear and determine the charge,
and who, in such case, is vested with all the authority and powers
granted by this Charter under the Alderman or the Assistant Alderman.
In the case of an arrest at a time when the Alderman or the Assistant
Alderman or the Justice of the Peace shall not be available to hear
and determine the charge, the person arrested may be delivered to
the correctional institution located in Sussex County for imprisonment
until such reasonable time thereafter as shall enable the Alderman
or Assistant Alderman or the Justice of the Peace to hear and determine
the charge against such person.
The Mayor of The Town of Georgetown, with the advice and consent
of a majority of the elected members of the Town Council, shall select
and appoint a Town Solicitor for an indefinite term who shall be removable
at the pleasure of the Town Council of The Town of Georgetown either
with or without due cause stated. The Town Solicitor shall be a member
in good standing of the Bar of the State of Delaware. It shall be
his/her duty to give legal advice to the Town Council and other officers
of the Town and to perform other legal services as may be required
of him/her by the Town Council.
The Town Council is authorized to establish an Alderman's Court
in a manner consistent with the Constitution and laws of the State
of Delaware.
(a)Â
Appointment. An Alderman and Assistant Alderman shall be recommended
by the Town, appointed by the Governor and confirmed by the Delaware
State Senate. Once confirmed the Alderman and/or Assistant Alderman
shall be sworn into office by the Mayor, and evidence of his or her
appointment shall be recorded at the Recorder of Deeds in Sussex County.
(b)Â
Appointment and Reappointment Nomination. When a vacancy occurs the
Town Council shall by majority vote, submit a list of one or more
qualified candidates and the application(s) and supporting documentation
to the Governor for consideration of appointment. Not less than thirty
(30) days prior to the expiration date of an Alderman's or Assistant
Alderman's term, the Town Council shall by majority vote, determine
whether or not to recommend reappointment of the Alderman or Assistant
Alderman for an additional term. The Town shall submit a letter of
recommendation to the Governor for consideration of reappointment,
or alternatively, its written recommendation of one or more qualified
candidates along with their applications and supporting documentation
to the Governor for consideration of appointment.
(c)Â
Term of Office. The Alderman and Assistant Alderman shall serve a
two - year term and shall remain in office until either reappointed
or a successor is duly qualified.
(d)Â
Removal. An Alderman or Assistant Alderman may be censured or removed subject to the provisions of Article IV, Section 37 of the Delaware Constitution of 1897 and the Rules of the Court on the Judiciary. An Alderman or Assistant Alderman may also be replaced upon expiration of a term, following Senate confirmation of a new Alderman or Assistant Alderman. If any Alderman or Assistant Alderman has been removed from office by Senate confirmation of a new nominee or by action of the Court on the Judiciary, he/she shall, within five (5) days of the Senate confirmation or Court on the Judiciary action, deliver to the Mayor all the books and papers belonging to the Town, and shall within five (5) days pay over to the Town Manager all moneys in his/her hands. Immediately after the receipt of the books and papers belonging to the office of either the Alderman or Assistant Alderman, the Mayor may require the auditor of the Town to make an audit of the books and papers of the official who has been replaced. Upon the neglect or failure to deliver all the books and papers to the Mayor within the time specified by this Charter, or to pay over all of the moneys to the Town Manager within the time specified, the Alderman or Assistant Alderman, so replaced, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100) for each day that he or she fails to deliver the books and papers to the Mayor or to pay over all moneys to the Town Manager.
(e)Â
Vacancy. In the absence of the Alderman, or when a vacancy occurs
in the office of Alderman, the Assistant Alderman shall exercise all
the powers, duties, and responsibilities of the Alderman as set forth
in this Charter. When a vacancy occurs for an Alderman and there is
no Assistant Alderman to act as Alderman, and the Delaware State Senate
is recessed for more than 6 weeks, the Town may elect to have a retired
Magistrate act as Alderman pending the confirmation of a nominee with
the Delaware State Senate. Such retired Magistrate must meet the appointment
qualifications of 10 Del. C. Section 9211(a) to serve in such capacity,
and shall receive such compensation as may be established by the Town
Council. A retired Magistrate acting as Alderman shall have all powers,
duties, and responsibilities of the Alderman as set forth in this
Charter.
(f)Â
Qualifications. Any person appointed to serve as Alderman or Assistant
Alderman shall be at least twenty-one (21) years of age, a United
States citizen, of good character and reputation, shall live within
Sussex County, and shall not be a member of the Town Council or otherwise
an officer or employee of the Town of Georgetown.
(g)Â
Oath of Office. Within 14 days of Senate confirmation the Alderman
or Assistant Alderman shall be sworn or affirmed by the Mayor to perform
the duties of office honestly, faithfully, diligently, and to uphold
and enforce the Charter of the Town of Georgetown and ordinances duly
enacted by the Town Council of the Town of Georgetown.
(h)Â
Duties. It shall be the duty of the Alderman and Assistant Alderman
to adjudicate actions brought under any ordinances legally enacted
or established by the government of the Town and to carry into effect
all legally binding orders and directions of the Town Council made
pursuant to any law of this State or its Constitution. In carrying
out the duties of the office, an Alderman or Assistant Alderman shall
comply with the ethical responsibilities required of Aldermen in this
state and shall operate the court in accordance with the Criminal
Rules of Procedure for the Alderman and Mayor Courts of the State
of Delaware.
(i)Â
Compensation. The compensation of the Alderman and Assistant Alderman
shall be fixed by the Town Council and approved in conjunction with
the Town Council's adoption of the Town operating budget. If no change
is proposed and approved by the Town Council, the previously established
compensation rate shall continue in effect until revised by a majority
vote of the Town Council. Such compensation shall not be contingent
upon or related to the amount of any civil or penal fines imposed
or collected through the Alderman Court and shall not be reduced during
the term of office.
(j)Â
Alderman's Docket. The Town Council shall procure suitable records
for the use of the Alderman and the Assistant Alderman. Such records
shall be known as the 'Alderman's Docket'. The Alderman and Assistant
Alderman shall record all official acts and proceedings in the Alderman's
Docket. All criminal matters, but not civil matters, shall be entered
into the Delaware Criminal Justice Information System (DELJIS) as
required by law.
(k)Â
Jurisdiction. The Alderman and Assistant Alderman shall have jurisdiction
and cognizance of all breaches of the peace, offenses and violations
of any civil or criminal ordinance of the Town committed within the
corporate limits of the Town of Georgetown. As to such offenses or
violations over which they are given jurisdiction by this Charter
or by any other law of the State of Delaware, the Alderman and Assistant
Alderman shall be authorized and empowered to hold for bail, set bail,
impose fines, or imprison, for each offense or violation in accordance
with the penalties provided by this Charter, by any Town Ordinance
enacted hereunder, or as provided by any law of the State of Delaware;
provided however, that the maximum fine which the Alderman or Assistant
Alderman may impose shall never exceed the limits established by this
Charter.
(l)Â
Civil and Criminal Penalties; Costs. Neither the Alderman nor the
Assistant Alderman shall impose any penalty in excess of Five Hundred
Dollars ($500) exclusive of costs nor imprison any offender for more
than thirty (30) days, or both, except as otherwise specifically provided
in this Charter or by state statute; but the Alderman and Assistant
Alderman may, in addition to any other fine or term of imprisonment
permitted to be assessed or imposed, impose and collect such costs
as are set by ordinance or resolution of the Town Council.
(m)Â
Monthly Report to Town Council. The Alderman and Assistant Alderman
shall prepare and submit a written monthly report to the Town Council
reporting all fines and penalties imposed during the preceding calendar
month and shall pay to the Town Manager of the Town all such fines
and penalties at such times as the Town Council shall direct. Neither
the Town Council nor the Mayor may establish or communicate an expected
revenue budget for the Alderman Court.
(n)Â
Alderman Court Facilities and Staff. The Town of Georgetown shall
provide adequate and appropriate facilities and staff to facilitate
the independent judicial operations of the Alderman Court. Facilities
shall be separate from conflicting town operations, including, but
not limited to, police agency functions. The town may house the Alderman
Court in a common municipal building, so long as the Alderman's Court
is provided space physically separate from other town functions and
is further situated in such a manner to foster public confidence in
the independence of the Court. Likewise, staff assigned to the Court
shall not be shared with conflicting town government operations.
