SB 298

Abstract

This Act amends the Charter of the Town of Newport in the following ways: Section 1 of the Act amends Article III of the Charter pertaining to the Mayor and Commissioners. It provides that the Mayor and Commissioners may discuss matters pertaining to the appointment of Town administrative officers or employees with the Town Manager in Executive Session. In addition, the Charter currently provides that the Mayor and Commissioners may deal with Town officers and employees directly for the purposes of inquiries and investigations; Section 1 eliminates this exception and requires the Mayor and Commissioners to deal with such officers and employees through the Town Manager for all purposes. Section 1 also modifies the criteria for which a Mayor or Commissioner forfeits office based on attendance of meetings: while currently the Charter provides that a Mayor or Commissioner forfeits office for failure to attend 3 successive monthly meetings or 4 regular meetings in a 12-month period, Section 1 provides only that failure to attend 4 regular meetings in a 12-month period will result in forfeiture. Finally, Section 1 eliminates the requirement for the Mayor and Commissioners to meet in July and August. Section 2 of the Act amends Article IV of the Charter pertaining to assessment of property and taxes. It streamlines the procedures for how the Town may use property assessments performed by New Castle County. Section 3 of the Act amends Article VI of the Charter pertaining to finances and indebtedness. It eliminates certain requirements for a capital improvement plan submitted by the Town Manager to the Commissioners. Section 4 of the Act amends Article VI of the Charter pertaining to Town Appointive Offices. It eliminates certain actions required to be taken by the Mayor in the event that the Town chooses not to use property assessments performed by the county. In addition, Section 4 provides that the Town Manager, rather than the Mayor, may appoint a Town Building Inspector, and eliminates the separate position of "Town Plumbing Inspector." Section 5 of the Act amends Article VIII of the Charter pertaining to Election rules and Procedure. It provides that the Town Clerk or Town Manager must give notice of any election or referendum. Section 5 also requires a criminal background check of all candidates seeking election as Commissioner, at the candidates' expense; a successful candidate may be reimbursed for the cost of the background check up to $75. Finally, Section 5 provides that the Town will use the State's voter registration rolls and eliminates any provision for absentee voting. Section 6 of the Act amends Article IX of the Charter pertaining to the Town Manager. Consistent with the changes made in Section 3 of the Act, Section 6 eliminates the requirement that the Town Manager submit a capital plan to the Commissioners. Section 7 of the Act amends Article X of the Charter pertaining to Town Administration. It provides that the Chief of Police, rather than the Commissioners, will have the power to implement policies for governing the Police Department. Section 7 also provides that the Police Department will have statewide police arrest and enforcement powers equivalent to those held by a member of the Delaware State Police, subject to certain terms. In addition, Section 7 removes the provisions for a Town Board of Health. Section 8 of the Act amends Article XI of the Charter pertaining to Planning. It removes the provisions for a Town Planning Commission and provides that the Commissioners must adopt a comprehensive development plan at least every 10 years. Section 9 of the Act amends Article XII of the Charter pertaining to General Provisions and, specifically, to Charter Amendments. It eliminates the requirement for a Town referendum on amendments to the Charter.