DelawareHB 25153rd General Assembly (2024–2026)House

AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO RELATING TO TOWN OF MILLSBORO ELECTION DISTRICTS, VACANCIES, AND THE TOWN SECRETARY.

Sponsored By: Richard G. Collins (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 2 costs, 0 mixed.

Millsboro Secretary gets clearer Council duties

The Millsboro Town Secretary must be selected from among Town Council members. The Secretary must record executive-session minutes and send them to Council members for approval. Approval takes place at the next meeting or as soon afterward as possible. The Secretary must sign all adopted resolutions and ordinances. The Secretary also works with the Town Clerk to prepare and keep minutes of all Council meetings.

New election district rules for Millsboro

The law sets three Millsboro election districts, each extending to town limits. District One is north of U.S. Route 113 and east of Main Street. District Two is north of U.S. Route 113 and west of Main Street. District Three is south of U.S. Route 113. Each district must be connected and, where possible and practical, nearly equal in population using the latest ten-year federal census. The first boundary update, using the 2020 census, is due by January 1, 2026. Later updates are due by January 1 of the second year after each ten-year census. The boundaries replace earlier ones for the next annual town election, including nominations. For other purposes, they take effect at the annual meeting when members elected in that election take office.

New rules for Millsboro Council vacancies

When less than one year remains in a vacant Council term, the Council must appoint someone until the next regular election. When more than one year remains, a special election must occur 30 to 90 days after the vacancy. The winner serves the rest of the term. If no qualified candidate files for that election, the Council must appoint someone instead. Appointees must meet Charter qualifications and live in the affected election district when required. A majority of remaining Council members must approve appointments, and the vote must be recorded in the minutes. The law does not specify what happens when exactly one year remains.

Millsboro drops Charter records access rules

The law removes Charter rules allowing Millsboro voters seeking legitimate information to inspect certain town books, records, and journals. Those rules required a designated town official to be present at a convenient time without disrupting town business. It also removes the rule allowing Council members to inspect records held by the Secretary. The law gives no replacement inspection rule and does not say whether other laws provide access.

Millsboro removes Secretary pay-setting authority

The law removes the Charter rule authorizing the Town Council to set pay for the Town Secretary's duties. It does not set a replacement pay rule or change a specific pay amount.

Sponsors & Cosponsors

Sponsor

Richard G. Collins
Republican • House

Cosponsors

Gerald W. Hocker
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 58 • No: 0

Senate vote • 4/17/2025

Passed (2/3 required)

Yes: 19 • No: 0

House vote • 1/23/2025