State Codes and Statutes

State Codes and Statutes

Statutes > Delaware > Title11 > C093

TITLE 11

Crimes and Criminal Procedure

Victims of Crimes

CHAPTER 93. POLICE CHIEF DUE PROCESS

§ 9301. Police chief removal; right to public hearing; appeal.

(a) No chief of police or police superintendent of a legislatively authorized police department within this State, excluding municipalities with a population greater than 60,000, shall be dismissed, demoted or otherwise removed from office unless there is a showing of just cause and such person has been given notice in writing of the specific grounds for such action and an opportunity to be heard in the chiefs's or the superintendent's own defense, personally and/or by counsel, at a public hearing before the elected governing body of the jurisdiction. Such public hearing, unless otherwise specified by charter, shall be held not less than 5 nor more than 30 days after such notice.

(b) Any appeals from the process described in subsection (a) of this section shall be to the Superior Court for the county in which the public hearing was held. All such appeals shall be undertaken by filing a notice of appeal with the Court within 90 days of receipt of the written decision of the governing body.

66 Del. Laws, c. 343, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 317, §§ 1-4.;