[HISTORY: Adopted by the Commissioners of
the Town of Dewey Beach 5-14-2005 by Ord. No. 539. Amendments noted where
applicable.]
The Alderman Court for the Town of Dewey Beach
shall operate and have jurisdiction in accordance with this chapter
and the provisions of Title 10, Delaware Code, § 1909.
The Mayor shall nominate some qualified and
suitable person to act as Alderman and may nominate some qualified
and suitable person to act as Assistant Alderman. Any person nominated
by the Mayor to serve as Alderman or Assistant Alderman shall be at
least 21 years of age, shall be of good character and reputation,
and shall not be a member of the Commissioners of Dewey Beach or otherwise
employed by the Town. Any person nominated by the Mayor to serve as
Alderman or Assistant Alderman shall be nominated to serve for a term
not to exceed two years and any such nomination shall be confirmed
by a resolution of a majority of all members of the Commissioners
of Dewey Beach. In accordance with the provisions of Title 10, Delaware
Code, § 1909, such Nomination Resolution shall be forwarded
to the Governor of the State of Delaware as a suggested candidate
and the Governor may appoint said candidate, by and with the consent
of a majority of all members elected to the Senate. The Alderman or
the Assistant Alderman shall not serve beyond the appointed term unless
renominated and reconfirmed in accordance with the section. The salary
of the Alderman and Assistant Alderman shall be set by the Town Commissioners.
Before entering upon the duties of this office,
the persons appointed by the Governor to serve as Alderman and Assistant
Alderman shall be sworn or affirmed by the Mayor, and if determined
by the Governor, by the Governor, to perform the duties of the office
honestly, faithfully, and diligently and to uphold and enforce the
Charter of the Town of Dewey Beach and ordinances duly enacted by
the Commissioners of Dewey Beach and to carry into effect all orders
of the Commissioners of Dewey Beach made pursuant to any law of this
state. The Assistant Alderman shall perform the functions of the Alderman
if the Alderman is unavailable and at such other times as may be designated
by the Mayor. During such periods, the Assistant Alderman shall have
all the powers and duties of the Alderman.
The Commissioners of Dewey Beach shall procure
a suitable record for the use of the Alderman and the Assistant Alderman.
Such record shall be known as the "Alderman's Docket." The Alderman
and the Assistant Alderman shall each record all official acts and
proceedings in the Alderman's Docket.
The Alderman and the Assistant Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the corporate limits of the Town of Dewey Beach so far as to arrest and hold for bail, or fine and imprison offenders for any offenses; to impose any penalty or forfeiture prescribed by the Charter of the Town of Dewey Beach or any ordinance enacted thereunder. The Alderman and the Assistant Alderman may, in addition to any fine or term of imprisonment permitted to be assessed or imposed, impose and collect court costs as prescribed in Chapter 1, § 1-14H of the Dewey Beach Municipal Code.
The Alderman and the Assistant Alderman shall
prepare and submit a monthly report to the Commissioners of Dewey
Beach reporting all fines and penalties imposed during the preceding
calendar month and shall pay to the Treasurer of the Town all such
fines and penalties.
If any Alderman or Assistant Alderman term shall
expire without reappointment or in the event he or she shall be removed
from office as provided by Delaware Laws, he or she shall deliver
to the Town Manager, within two days after expiration of term or removal
from office, all the books and papers belonging to this office and
shall pay over to the Town Manager all monies in his or her hands
immediately. Immediately after the receipt of the books and papers
belonging to the office of either Alderman or the Assistant Alderman,
the Town Manager shall require the auditor of the Town, appointed
as herein provided, to make an audit of the books and papers of the
official so removed from office. Upon the neglect or failure to deliver
all the books and papers to the Town Manager within the time specified
by this chapter, or to pay over all the monies to the Town Manager
within the time specified, the Alderman or Assistant Alderman, so
removed, shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined no less than $25 nor more than $100 for each
day that he fails to deliver the books and papers to the Town Manager
or to pay over all monies to the Town Manager.[1]
