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Legislation Document
SPONSOR:
Rep. Carson & Sen. Hoffner
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 436
AN ACT TO AMEND THE TOWN CHARTER OF THE TOWN OF SMYRNA.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Section 4, Chapter 176, Volume 74, Laws of Delaware, as amended, by making insertions as shown by underlining and deletions as shown by strike through as follows:
4.2.39 May impose, upon new development or construction or upon first time occupancy of new construction, such "impact fees" as are reasonably and proportionally calculated to recover the cost of installing, enlarging, improving, or expanding public or municipal improvements which have a rational nexus to such new construction; and/or to contribute to the costs of operations of those volunteer fire companies and/or ambulance/paramedic companies providing services within the Town.
Impact fees may also be imposed upon new development or construction or upon first time occupancy of new construction to contribute to the operational costs of public schools, provided that the impact fee rate does not exceed the impact fee rate that would otherwise be imposed by Kent County or New Castle County on new development or construction or upon first time occupancy of new construction in unincorporated areas of each county.
Section 2. Amend Section 5, Chapter 176, Volume 74, Laws of Delaware, as amended, by making insertions as shown by underlining and deletions as shown by strike through as follows:
5.3.2 Determinations Concerning Qualifications. If the Town Manager determines that any candidate may not meet the qualifications for office, he/she shall notify the
Mayor who
Board of Elections, which
shall call a special meeting
of the Town Council
of the Board of Elections
to be held no fewer than twenty-one days prior to the date set for the election, at which the
Town Council
Board of Elections
shall decide the matter. The candidate whose qualifications are at issue shall be notified, by registered mail, of the date, time and place of the hearing, at which he or she may appear and testify. If the
Town Council
Board of Elections
determines that the candidate does not meet the qualifications for office, it shall reject his/her notice of intention to seek office and his or her name shall not appear on the ballot.
In making the determination, only those members of the Town Council who are not competing for that seat shall be entitled to vote on the question.
5.3.3 Elected Officials Running for the Office of Mayor. Any member of the Town Council whose term of office is not expiring at the next upcoming Town election may file to run for the office of Mayor without resigning his or her seat on Council. If such a member of Council is not elected to the office of Mayor, such Council member shall continue to serve in his or her seat on the Town Council; if such a member of Council is elected to the office of Mayor, that member’s prior seat on Council shall become vacant upon that member’s taking office as Mayor, and
if more than 1 year is remaining on that member’s term,
a special election shall be held as soon as practicable thereafter to fill the vacancy on Council so created.
If the time remaining on the term of the vacant seat is 1 year or less, the Town Council shall appoint a qualified individual to fill the vacant seat for the remainder of the term.
Section 3. Amend Section 5, Chapter 176, Volume 74, Laws of Delaware, as amended, by making insertions as shown by underlining and deletions as shown by strike through as follows:
5.5.2 Voter Qualifications. Any person shall be qualified to vote who, on the date of the election:
(a) is a United States citizen;
(b) has attained eighteen (18) years of age;
(c) has been continuously domiciled in the Town for at least thirty (30) days;
(d) has not been adjudged a mentally incompetent person by a court of competent jurisdiction; and
(e) has not been disenfranchised pursuant to Sections 3 or 7 of Article V of the Constitution of the State of Delaware.
Persons appearing to vote shall present proof of identity and address pursuant to 15 Del. C. Ch. 75 (“Municipal Elections”). For purposes
hereof,
of determining voter qualifications or qualifications to be a candidate for the office of mayor or council,
a person is "domiciled" in the Town when he/she physically resides within the corporate limits of the Town
with the actual intent
for the requisite duration of time, exclusive of customary and reasonable absences,
and actually intends and continues
to make that residence his/her fixed and permanent home; however, any person who is enlisted or engaged in any government service of the United States or any military organization of this State of the United States, which service requires him/her to reside outside the limits of the Town, shall be considered to be a domiciliary of the Town during the period of his/her service so long as it remains his/her actual intention to retain Smyrna as his/her fixed and permanent home. All questions regarding an individual’s qualification to vote raised prior to the day of the election shall
be addressed by an Election Officer and the individual. If the matter is not resolved to the satisfaction of the prospective voter, the question shall
go before the Board of Elections and
an
the
individual shall be given notice and an opportunity to be heard before the Board of Elections makes a determination regarding that individual’s qualification to vote. Questions regarding an individual’s qualifications to vote that are raised at the time of voting shall be resolved by the Board of Elections or its designated Election Officers.
5.5.5 Date, Time, and Place and Manner of Conducting Elections.
(f) Board of Elections. Every election shall be held under the supervision of a Board of Elections. The Board of Elections shall consist of five (5) persons (as determined by the Town Council) who shall be qualified voters of the Town and shall not be an elected official or candidate for Town office or an immediate family member of such
(mother,
(spouse, mother,
father, son, daughter, brother, sister, including half-brothers and sisters, step-family members and in-laws) and who shall be appointed for that purpose by the Town Council at least twenty (20) days before such election. The Board of Elections shall serve for a term of
one year
three years
commencing the second Council meeting in February, provided that the term of the Board of Elections shall in no instance expire until a successor Board of Elections has been appointed. Members of the Board of Elections may serve for more than one term. Each board member shall be confirmed and have his/her name and contact information publicly posted in accordance with 15 Del. C. Ch. 75 (“Municipal Elections”), as it may be hereby amended from time to time, and any other existing or future corresponding provisions of law. The Town shall notify the State Election Commissioner and Department of Elections of the members appointed to the Board of Elections. The Board of Elections shall oversee the absentee ballots and either appoints an odd number of absentee ballot judges or, at the discretion of the Town Council act itself as the absentee ballot election judges.
If, at the opening of the polls, there shall not be present all the members of the Board of Elections,
If one or more members of the Board of Elections is not available on the day of the election to perform the duties of the Board of Elections,
then in such case the ranking Town officer available at the opening of the polls shall appoint a qualified voter or voters to act as a member or members of the Board of Elections to fill such vacancies caused by the absence of the previously-appointed members of the Board of Elections through the conclusion of the election. Members of the Board of Elections shall be the sole and final judges of the conduct of the election and of the legality of the votes offered. The Board of Elections shall keep a list of all voters voting at said election. The Board of Elections shall have the power to subpoena persons, and officers of the Town, and books, records and papers relative to the determination of the qualifications of voters and the legality of any vote or votes offered. The Board of Elections may appoint election officers (including an inspector) when needed to administer elections. In the absence of the appointment of election officers, members of the Board of Elections shall act as election officers, and the Board of Elections shall designate one of the board members as the inspector.
(h) Ties. In the event of a tie vote for any office, the Board of Elections shall determine such tie by the
casting of lots.
toss of coin.
Section 4. Amend Section 6, Chapter 176, Volume 74, Laws of Delaware, as amended, by making by making deletions as shown by strike through and insertions as shown by underline as follows:
6.7.1 Regular Meetings. The Town Council shall
meet regularly the first and third Monday of each month, provided that when any meeting date falls on a Town holiday, that meeting shall be held on the next business day.
schedule at least one regular meeting each month.
The
time
date, time,
and place of each regular meeting shall be set by Council each year at their organizational meeting, but Council shall not hereby be prohibited from rescheduling
or canceling
such meetings from time to time during the year as need arises.
Section 5. Amend Section 8, Chapter 176, Volume 74, Laws of Delaware, as amended, by making insertions as shown by underlining and deletions as shown by strike through as follows:
8.4 Annual Audit.
The Town Council shall retain a certified public accountant to be the auditor of accounts of the Town of Smyrna. It shall be the duty of the auditor to audit the accounts of the Town and all its officers whose duty involves the collection, custody and payment of moneys to or by the Town. The auditor shall on or before
June 30
August 31
of each year make and deliver a detailed report of any and all accounts, records, and books from the previous fiscal year by him or her examined and audited which report under his/her hand and seal shall be available for public inspection; provided however, anything herein to the contrary notwithstanding, the date for submission of the auditor's report may be extended by the Town Council beyond
June 30
August 31
at the written request of the auditor for reasonable cause shown. Notice of the filing of the auditor's report shall be published at least once in a newspaper of general circulation in the Town of Smyrna within ten (10) days of its receipt by the Town Council. The auditor, in the performance of his/her duties, shall have access to all records and accounts of the offices of the Town.
SYNOPSIS
This Act amends the Town of Smyrna Charter as follows:
(1) Authorizes the Town to impose school impact fees on new development and construction as long as the impact fees do not exceed the impact fee that would otherwise be imposed by Kent County or New Castle County on development in unincorporated areas.
(2) Authorizes the Board of Elections, and not the Town Council, to hear and decide challenges that are raised to the qualifications of candidates for the office of mayor and council.
(3) Specifies that a vacancy in a council seat caused by the council member being elected as mayor is to be filled by the Town Council if less than a year is left on the term or by a special election if more than 1 year is left on the term.
(4) Clarifies the standards to be used when determining the domicile of a prospective voter or candidate for office.
(5) Establishes a 3-year term of office for the Board of Elections and clarifies that a tie vote for an office shall be resolved by the toss of a coin.
(6) Eliminates the requirement that the Town Council meet the first and third Monday of each month and authorizes the Town Council to determine the day and frequency of monthly meetings at the annual organizational meeting.
(7) Revises the annual audit deadline from June 30 to August 31.