HB 388

Abstract

Section 1 authorizes the disinterested members of the Town Council to determine if a council member meets the qualifications to be on council. Section 2 outlines the requirements for publishing a notice of solicitation of candidates for municipal elections, the filing requirement to run for Council, the procedures for resolving disputes over an individual’s qualifications to run for Council, and the notice of election requirements. Section 3 eliminates the prescribed time frame for having the polls open on the day of the municipal election and requires the polls to be open for at least 4 hours. Section 3 clarifies the duties of the Board of Elections, clarifies the qualifications to vote in an election, provides details regarding voting procedures and the conduct of the elections, and specifies the need for the Town to comply with 15 Del. C. Ch. 75 (“Municipal Elections”). Section 4 prohibits council members from taking office sooner than 7 days following the certification of the election. Section 5 eliminates a specific day of the month that the Town Council is required to meet. Section 6 requires the Town Council to act by a majority vote of the entire Town Council (and not just a majority of a quorum present at a meeting). Section 7 corrects an erroneous reference to the Council president and authorizes the Mayor or a member of Council to countersign checks. Section 8 eliminates the requirement that the Town Council appoint a police force. Section 9 authorizes the Town to recover from property owners those expenses incurred by the Town in the collection of delinquent Town taxes. Section 10 authorizes the Town to regulate public parking areas in Town. Section 11 eliminates detailed nuisance abatement procedures and authorizes the Town to adopt ordinances regulating nuisances and dangerous buildings. The Town is authorized to collect from the property owners, in the same manner as it collects delinquent taxes, those expenses incurred by the Town in abating a nuisance or dangerous building.