[HISTORY: Adopted by the Mayor and Council
of the Town of Elsmere as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-9-1970 by Ord. No. 104]
The office of Town Manager is hereby created.
A.
The Town Manager shall be appointed by the members
of the Council for an indefinite term. The Town Manager shall be chosen
by the Council on the basis of his executive and administrative qualifications
in municipal government. He shall be either a graduate civil engineer
or its equivalent in experience, or be otherwise qualified by education
and experience in municipal administration. He need not be a resident
of the Town or state at the time of his appointment, but may reside
outside the Town while in office only with the written approval of
the Council.
B.
In the event of the temporary absence or disability
of the Town Manager, by letter filed with the Town Secretary, the
Town Manager shall designate, subject to the approval of the Council,
a qualified Town administrative officer to exercise the powers and
perform the duties of the Manager during his temporary absence or
disability. The Council may revoke such designation at any time.
The Council may remove the Town Manager from
office in accordance with the following procedures:
A.
The Council shall adopt by affirmative vote of four
or more of all its members a preliminary resolution which must state
the reasons for removal and may suspend the Town Manager from duty
for a period not to exceed 45 days. A copy of the resolution shall
be delivered promptly to the Town Manager.
B.
Within five days after a copy of the resolution is
delivered to the Town Manager, he may file with the Council a written
request for a public hearing. This hearing shall be held at a Council
meeting not earlier than 15 days nor later than 30 days after the
request is filed. The Town Manager may file with the Council a written
reply not later than five days before the hearing.
C.
The Council may adopt a final resolution of removal
which may be made effective immediately by affirmative vote of four
more of all its members at any time after five days from the date
when a copy of the preliminary resolution was delivered to the Town
Manager, if he has not requested a public hearing, or at any time
after the public hearing if he has requested one. The Town Manager
shall continue to receive his salary effective date of the final resolution
of removal. The action of the Council in suspending or removing the
Town Manager shall not be subject to review by any court, but shall
be in the sole discretion of the Council.
[Amended 7-10-1990 by Ord. No. 254]
The annual compensation of the Town Manager
shall be as fixed by the Town of Elsmere Employee Payscale as approved
by Council on November 30, 1989, as amended.
The Town Manager shall be the chief administrative
officer of the Town. He shall be responsible to the Council for the
administration of all Town affairs placed in his charge by or under
the Charter. He shall have the powers and duties enumerated in the
Charter and by ordinance or resolution, and:
A.
He shall serve as personnel officer with such responsibilities
as set by the personnel policy of the Town of Elsmere as set by resolution
or ordinance.
[Amended 7-10-1990 by Ord. No. 254]
B.
He shall direct and supervise the administration of
all departments, offices and agencies of the Town, except the Department
of Public Safety and as otherwise provided by the Charter.
C.
He shall attend all Council meetings and shall have
the right to take part in discussion but may not vote.
D.
He shall see that all laws, provisions of the Charter,
franchises and acts of the Council, subject to enforcement by him
or by the officers subject to his direction and supervision, are faithfully
executed.
E.
He shall prepare and submit the annual budget and
capital program to the Council on or before May 15 of each year.
F.
He shall submit to the Council and make available
to the public a complete report on the finances and administrative
activities of the Town as of the end of each fiscal year.
G.
He shall make such other reports as the Council may
require concerning the operations of Town departments, offices and
agencies subject to his direction and supervision.
H.
He shall keep the Council fully advised as to the
financial condition and future needs of the Town and make such recommendations
to the Council concerning the affairs of the Town as he deems desirable.
I.
He shall perform such other duties as are specified
in the Charter or by ordinance or as may be required by Council in
the legal exercise of its duties and functions.
[Amended 7-10-1990 by Ord. No. 254]
J.
The Town Manager or his designee shall purchase all
materials, supplies and equipment and enter into contracts for the
furnishing of services for which funds are or have been appropriated
by Council, provided that every such purchase and every such contract
exceeding the sum of $10,000 shall be subject to the following requirements:
[Amended 7-10-1990 by Ord. No. 254; 12-13-2001 by Ord. No. 396; 1-8-2009 by Ord. No. 501]
(1)
The Town Manager or his designee shall publicly invite
sealed proposals or bids for the furnishing of such materials, supplies,
equipment and services and shall present a report tabulating all bids
received to Council, who shall be the issuing authority for a contract
for the furnishing of such materials, supplies, equipment or services.
(2)
The Council, in deciding which bid or proposal will
be the most advantageous to the Town, if any, may take any facts it
considers relevant into consideration and shall not be bound to award
a contract based solely upon the lowest bid price.
(3)
The Council may consider items such as but not limited
to price, quality of service, the contractor's qualifications and
capabilities to provide the specified service, or the contractor's
history with the Town.
(4)
If the Council does not intend to award a contract
fully on the basis of any response made to the proposal; the Council
reserves the right to consider proposals for modifications at any
time before a contract would be awarded, and negotiations would be
undertaken with that provider whose proposal is deemed to best meet
the Town's specifications and needs.
(5)
The Council may, at its discretion, reject any bid
which it deems insufficient or inadequate, not in the best interest
of the Town or may reject all bids.
(6)
In cases
where the Town Manager or his designee advises Council that it would
be useless or inadvisable to solicit bids because of a single source
of supply, because the services required are of a professional nature,
because a bid process for the item or services sought has already
been completed by another municipality, or any other reason acceptable
to the Council, the Council may waive the requirements of this subsection
and approve the purchase of or contracting for such materials, supplies,
equipment or services without soliciting bids therefor.
(7)
In any
case where the Town Manager or his designee deems it necessary or
desirable, he may, in soliciting bids, require that a bond be posted
by all bidders to secure the performance of any contract.
(8)
The
Town Manager may transfer materials, supplies and equipment between
departments, offices and agencies, and may sell or otherwise dispose
of the same.
K.
He shall perform such other duties as may be required
of him by the Council, not inconsistent with the Town Charter, law
or ordinances.
L.
He shall serve as Chief Code Enforcement Officer and
shall have the powers, duties and functions assigned to the position
of Code Enforcement Officer as set by ordinance.
[Added 7-10-1990 by Ord. No. 254]
No member of the Council and none of the committees
of the Council shall attempt to coerce or influence the Town Manager
in the appointment or removal of any person to or from office or employment
in the administrative service of the affairs of the Town under his
charge. Except for the purpose of inquiry, the Council and its members
shall deal with that portion of the administrative service for which
the Town Manager is responsible solely through the Town Manager.
The Council may establish Town departments,
offices or agencies in addition to those created by the Charter and
may prescribe the functions of all departments, offices and agencies;
provided, however, that there shall be no more than 12 departments,
offices and agencies, each of which shall be headed by and under the
direction and supervision of a single executive who shall be appointed
and removed by, and directly responsible to, the Town Manager; provided,
however, that offices, commissions, committees and boards appointed
or selected by the Council shall not be included in the above numerical
limitation. The Town Manager may recommend the creation or abolition
of departments, offices and agencies and the transfer of functions
between departments, offices and agencies, but where the reassignment
of functions does not involve the creation or abolition of a department,
office or agency, or the transfer of functions between departments,
offices or agencies, he may reassign such functions by written administrative
order, a copy of which shall be presented to the Council at its next
regular meeting.
In case of accidents or other circumstances
creating an emergency, the Town Manager may, with the consent of the
Council, award contracts and make purchases for the purpose of repairing
damages caused by said accident or meeting said public emergency;
but he shall file promptly with the Council a certificate showing
such emergency and the necessity for such action, together with an
itemized account of all expenditures.
The Council shall have power to inquire into
the conduct of any office, officer or employee of the Town and to
make investigations as to municipal affairs, and for that purpose
may administer oaths and request the appearance of witnesses and the
production of books, papers and other evidence.
He shall give bond to the Town of Elsmere in
such amount and in such form and with such surety as the Council shall
approve for the faithful performance of his duties. He shall give
over to the Council in case of his resignation or removal from office
all books, papers, vouchers, money and other property of whatever
kind in his possession belonging to the Town. The premium of the bond
shall be paid by the Town.
Any vacancy in the office of Town Manager shall
be filled promptly and within 60 days after the effective date of
such vacancy, if feasible.
[Adopted 11-26-1991 by Ord. No. 277]
[Amended 10-9-2008 by Ord. No. 498]
A.
The Town
Manager shall be the Chief Code Enforcement Officer. The Chief Code
Enforcement Officer may employ Deputy Code Enforcement Officers as
the need arises. The Council must approve any creation of the Deputy
Code Enforcement Officer position if additional moneys must be allocated
to fund the position. In the event that a vote of approval for the
allocation of funds for the Deputy Code Enforcement Officer position
results in a tie, the Mayor, acting as a member of Council, shall
break the tie.
B.
He shall have the authority to administratively grant a dimensional variance to Chapter 225 of the Code of the Town of Elsmere for existing conditions that do not exceed one foot of the required dimension restrictions without the application being considered by the Board of Adjustment.
C.
He shall
develop any standards, procedures or conditions needed for the implementation
of this authority.
A.
The Code Enforcement Officers and deputies appointed
or employed pursuant to the provisions of this article may enforce
those ordinances pertaining to building, housing, sanitation, zoning,
animal control or public health codes and may do so by issuing written
citations, in lieu of arrest, to any person, firm, partnership, corporation
or other entity, or to the agent for any of the same, for violations
of the provisions of the aforesaid ordinances and codes. The issuance
of citations pursuant to this section shall also be a procedure in
lieu of, and not in addition to, the issuance of a "notice of violation"
as may otherwise be provided in any of the aforesaid codes. No citation
so issued shall be construed to be a "notice of violation" as that
term is used in any of the aforesaid codes.
B.
The citation for code violations as aforesaid shall
require the appearance by the person to whom it is issued in the Justice
of the Peace Court on the date or within the time specified in the
citation; provided, however, that for certain violations as deemed
appropriate by the Chief Code Enforcement Officer, a violator may
pay the fines prescribed for the violation as a voluntary assessment,
in lieu of a court appearance, either in person or by mailing the
citation and the amount of the fine to the Mayor's Court. If the person
to whom a citation has been issued fails to appear in answer to the
citation or to pay the fine prescribed for the violation on the date
or within the time specified in the citation, a warrant for his or
her arrest may be issued, and he or she may be found in contempt of
the Court.
C.
A Code Enforcement Officer may lawfully issue a citation
as aforesaid to any person he or she has reasonable grounds to believe
has committed a violation of any building, housing, sanitation, zoning,
animal control or public health ordinance or code provision, whether
or not the violation was committed in his or her presence. A citation
may be lawfully issued to any person or apparent owner or person in
control of any animal he or she has reasonable grounds to believe
has committed a violation of the animal control ordinances.
A.
Code Enforcement Officers appointed or employed pursuant
to the provisions of this article shall be authorized to enforce only
those provisions of the code and ordinances pertaining to building,
housing, sanitation, zoning, animal control or public health.
B.
Deputy Code Enforcement Officers employed by the Chief
Code Enforcement Officer shall be subject to a mandatory training
period and written test before being allowed to issue citations without
prior approval of the Chief Code Enforcement Officer. All Deputy Code
Enforcement Officers operate under the direct supervision of the Chief
Code Enforcement Officer.
C.
Notwithstanding the provisions of any other law, a
Code Enforcement Officer appointed or employed pursuant to the provisions
of this article shall not have jurisdiction outside the limits of
the Town of Elsmere.
D.
Code Enforcement Officers appointed or employed pursuant
to the provisions of this article shall not be permitted to carry
firearms while on duty as Code Enforcement Officers.
Code Enforcement Officers appointed or employed
pursuant to the provisions of this article shall exercise concurrent
powers with the Building Inspector and the Plumbing Inspector with
respect to the administration and enforcement of the Building Code[1] of and Plumbing Code of the Town of Elsmere, respectively.
The Chief Code Enforcement Officer shall submit
to the Council of the Town of Elsmere a monthly report, providing
Council with a record of activities of the officer(s).
Subject to the limitations of the Constitution
of the United States and of the State of Delaware, the Code Enforcement
Officer, or his deputy, in the performance of their duties, may at
any reasonable hour, without hindrance, enter, examine and inspect
all vessels, vehicles, premises, grounds, structures, buildings and
underground passages of every sort, including their contents and occupancies,
and may likewise examine, inspect and test any substance, article,
equipment or other property.
Any person who impedes or interferes with a
Code Enforcement Officer in the lawful execution of his or her duties
shall be guilty of a misdemeanor and, upon conviction by a court of
competent jurisdiction, shall be punished by a fine not exceeding
$500 or by imprisonment for a period not exceeding six months, or
by both such fine and imprisonment.
