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SPONSOR: Sen. Lawson & Rep. Morris
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 183
AN ACT TO AMEND THE CHARTER OF THE CITY OF HARRINGTON RELATING TO TERM LIMITS,
BANKING, BUDGET AND AUDIT DEADLINES, SUCCESSION OF AUTHORITY, AND SIGNING CHECKS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members
elected to each house thereof concurring therein):
1 Section 1. Amend the Charter of the City of Harrington by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 5. Governing Body.
4 5.2. Qualifications for Office.
5 5.2.3. Limitation on Terms. No person shall serve as Mayor for more than two (2) consecutive terms. No
6 person shall serve as a member of Council for more than three (3) consecutive terms. If no eligible candidate files
7 a petition for the office of a term-limited incumbent within the time prescribed by this Charter, the incumbent may
8 remain in office for another term.
9 7. Organization of City Council.
10 7.2. Officers. The Mayor and members of the City Council shall be are elected by the qualified voters of the
11 City. All Except for Vice Mayor, all other officers shall be are appointed offices, such appointments to be made by the
12 City Council, as provided in § 11 of this Charter. At the organizational meeting, the City Council members shall elect
13 from among their own its members a Vice Mayor who shall serve in that position serves for a term of one year 1 year,
14 or until the organizational meeting the June following the next succeeding election.
15 7.2.3. City Treasurer. The City Council shall appoint the Treasurer as the a City Treasurer who shall be is
16 custodian of all City funds and shall authorize deposit into federally-insured banking institutions located in the
17 City as necessary. approved by the City Council, as necessary. The City Treasurer shall may not pay no money
18 money, except upon warrant or check countersigned by the Mayor, or Mayor or, in the Mayor's absence, by the
19 Vice-Mayor. Vice Mayor or a member of the City Council designated by the Mayor. The City Treasurer shall be
20 responsible for seeing that maintain a true and detailed account of all monies moneys received by the City is
21 maintained on a current basis. The books and accounts of the City shall must at all times be open to inspection by
22 the City Council or Mayor. The City Treasurer shall make such reports and at such times as directed by the
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23 Council may direct. City Council. The City Treasurer shall be required to give bond in such amount and in such
24 form with such surety as the City Council shall determine and approve determines, the cost of said the bond to be
25 paid by the City.
26 7.3. Succession of Authority. In the event that If the Mayor is unavailable or incapable of assuming his
27 responsibilities the Mayor’s duties in a sudden emergency (as defined in § 7.2.1) emergency, as defined in § 7.2.1 of
28 this Charter, the emergency powers therein vested in the Mayor shall devolve upon the following officers and officials
29 of the City City, in the following order of sequence: order: (1) the Vice Mayor, (2) Each each of the remaining Council
30 members in order of their each Council member’s total number of years served on City Council, (3) the City Manager,
31 (4) the Chief of Police, (5) the Clerk of the Council. Police.
32 13. Annual Budget; Determination of Revenue Needs and Sources.
33 13.1. Annual Budget. On or before the first day of May June each year, the Budget Committee and the City
34 Manager shall prepare and submit to the City Council a budget, presenting a financial plan for conducting the affairs of
35 the City for the ensuing fiscal year. The budget shall must include the following information:
36 13.2. Determination of Revenue Needs. On or before the first day of May of June each year and year, after the
37 valuation and assessment shall have has been examined, revised, and completed and after the annual budget has been
38 adopted, the City Council shall determine, in its best judgment and knowledge, the total amount necessary to be raised
39 by the City to meet the fixed and anticipated expenses and obligations of the City, including reasonable and appropriate
40 reserves, for the then current fiscal year as set forth in the City Budget for such year year, plus a reasonable amount to
41 cover unanticipated expenses and emergencies.
42 17. Financial Matters Generally.
43 17.3. Cash Disbursements and Report of Same to Council. No A claim against the City shall may not be paid
44 except on a warrant or check approved by the City Manager and approved and countersigned by the Mayor and/or
45 Treasurer. Mayor, or a Council member approved by the Mayor. The City Manager shall examine all payroll, bills
46 bills, and other claims and demands against the City and shall may not issue no a warrant or check for payment, unless
47 he the City Manager finds that the claim is proper and in proper form and correctly computed. The City Manager shall,
48 at one 1 monthly meeting of City Council, present a report showing in detail all bills and other claims for which
49 warrants or checks were drawn the preceding month, with exception of except for payroll and payroll-related expenses.
50 17.4. Annual Audit. The City Council shall retain a certified public accountant to be the auditor of accounts of
51 the City of Harrington. Annually City. Annually, by the month of October, it shall be the duty of the auditor to the
52 auditor of accounts shall audit the books and accounts of the City and all its officers whose duty involves the
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53 collection, custody custody, and payment of moneys to the City. The auditor of accounts shall, on or before expiration
54 of one hundred twenty (120) within 150 days from the end of the fiscal year, annually make and deliver a detailed
55 report of any and all accounts, records, and books by them examined and audited which report by the auditor of
56 accounts. The report under his the auditor of account’s hand and seal shall seal must be available for public inspection.
57 Notice of the filing of the auditor's auditor of account’s report shall must be published at least once in a newspaper of
58 general circulation in the City of Harrington within thirty (30) 30 days of its receipt by after the City Council. Council
59 receives the report. The auditor, auditor of accounts, in the performance of his the auditor of account’s duties, shall
60 have may access to all records and accounts of the offices of the City.
SYNOPSIS
On February 18, 2025, the City of Harrington passed Resolution 25-R-02 to seek support from the General
Assembly to amend the City Charter. This Act amends the City of Harrington Charter, as requested by the City Council, by
doing all of the following:
1. Removing limitations on the number of terms that an individual may serve as Mayor or a member of the City
Council.
2. Removing the requirement that City funds be placed in a bank located in the City and allow the funds to be
placed in bank approved by the City Council.
3. Changing the annual budget deadline from May 1 to June 1.
4. Changing the deadline for the auditor of accounts to submit an audit report from within 120 days from the end
of the fiscal year to within 150 days from the end of the fiscal year.
5. Removing the Clerk of Council from the succession of authority for Mayor.
6. Allowing an approved member of the City Council to sign checks in the Mayor’s absence.
This Act also makes additional requested changes, not included in Resolution 25-R-02, by doing all of the
following:
1. Moving the deadline to determine the City’s revenue needs from May 1 to June 1 to match the updated budget
deadline.
2. Removing the City Treasurer’s authority to approve and countersign checks or warrants for paying bills or other
claims against the City, so that the checks or warrants must be approved and signed by the City Manager and the Mayor, or
a Council member designated by the Mayor.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative
Drafting Manual, including adding language to clarify that the Vice Mayor is elected from among the City Council
members instead of appointed.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution
requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a
municipal charter.
Author: Senator Lawson
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0321530035Every fact on this page links to its source, starting with the official bill record.