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COUNCIL COMMITTEE OF THE WHOLE AGENDA OCTOBER 25, 2016 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AGENDA ADDITIONS/DELETIONS 1. PRESENTATION - RIDESHARE DELAWARE PROGRAM (KATHLEEN GRIER) 2. REQUEST FOR FOUR-WAY STOP SIGN - NORTH NEW AND MARY STREETS (STAFF RECOMMENDS THE INSTALLATION OF THE FOUR-WAY STOP CONDITION AT THE INTERSECTION OF NORTH NEW STREET AND MARY STREET; HOWEVER, FINAL ACTION SHOULD CONSIDER ANY PUBLIC TESTIMONY RECEIVED AT THE COMMITTEE MEETING.) 3. INITIAL ASSESSMENT OF PUBLIC SAFETY ISSUES RELATED TO HOLDING PUBLIC MEETINGS IN THE CITY COUNCIL CHAMBERS (COMMITTEE ACTION NOT REQUIRED) 4. ADJOURNMENT OF SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING UTILITY COMMITTEE AGENDA ADDITIONS/DELETIONS 1. DEDICATION OF PUBLIC INFRASTRUCTURE A. CLEARVIEW MEADOW PUMP STATION (STAFF RECOMMENDS ACCEPTANCE OF THE PUMP STATION AND ASSOCIATED FORCE MAIN AT THE CLEARVIEW MEADOW DEVELOPMENT. DEDICATION IS TO INCLUDE THE ENTIRE REFERENCED INFRASTRUCTURE.) B. WATER INFRASTRUCTURE - NEW BURTON ROAD AND WEBBS LANE (STAFF RECOMMENDS ACCEPTANCE OF WATER INFRASTRUCTURE WITHIN THE RIGHT-OF-WAY OF NEW BURTON ROAD AND WEBBS LANE. DEDICATION IS TO INCLUDE ALL OF THE REFERENCED WATER INFRASTRUCTURE.) 2. ADJOURNMENT OF UTILITY COMMITTEE MEETING

COUNCIL COMMITTEE OF THE WHOLE AGENDA - OCTOBER 25, 2016 Page 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE (MEETING WILL CONVENE UPON ADJOURNMENT OF THE UTILITY COMMITTEE MEETING AND WILL ADJOURN BY 8:30 P.M. ANY ITEM NOT CONSIDERED DUE TO TIME CONSTRAINTS WILL BE CONSIDERED AT A SPECIAL COUNCIL COMMITTEE OF THE WHOLE/LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ON WEDNESDAY, OCTOBER 26, 2016 UPON ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING) AGENDA ADDITIONS/DELETIONS 1. INCENTIVE PROGRAM FOR CITY EMPLOYEES OPTING NOT TO BE COVERED BY THE CITY'S HEALTH CARE PLAN (DEFERRED BY THE COMMITTEE CHAIR DURING THE MEETING OF OCTOBER 11, 2016) (STAFF RECOMMENDS AUTHORIZATION TO BRING BACK A FINAL PROPOSAL BASED ON THE DISCUSSION OF AN OPT-OUT INCENTIVE FOR EMPLOYEES WITH RESPECT TO HEALTH CARE COVERAGE) 2. FUND TO COMBAT VIOLENT CRIME - FY-2017 GRANT (STAFF RECOMMENDS APPROVAL OF THE GRANT AND INTENDED PURCHASES) 3. EQUAL EMPLOYMENT OPPORTUNITY (EEO) BRIEFING 4. STUDY OF CITY'S CURRENT RECRUITMENT/HIRING PROCESSES (REQUEST OF COUNCILMAN LEWIS) 5. PROPOSED ORDINANCES A. #2016-21 AMENDING CHAPTER 2 - ADMINISTRATION, CHAPTER 22 - BUILDINGS AND BUILDING REGULATIONS, AND CHAPTER 46 - FIRE PREVENTION AND PROTECTION BY REMOVING THE ANNUAL APPOINTMENT OF THE CITY CLERK, BUILDING INSPECTOR, AND FIRE MARSHAL (SPONSORS: HUTCHISON, NEIL, AND ANDERSON) (DEFERRED BY THE COMMITTEE CHAIR DURING THE MEETING OF OCTOBER 11, 2016) B. #2016-22 AMENDING CHAPTER 54 - HEALTH AND SANITATION, ARTICLE I - IN GENERAL, SECTION 54-4 - SMOKING REGULATIONS AND APPENDIX F - FEES AND FINES (DEFERRED BY THE COMMITTEE CHAIR DURING THE MEETING OF OCTOBER 11, 2016) 6. PROPOSED CHARTER AMENDMENTS - REMOVAL OF ANNUAL APPOINTMENT REQUIREMENT FOR THE CITY ASSESSOR, CONTROLLER/TREASURER, CITY SOLICITOR, AND DEPUTY CITY SOLICITOR; GENDER LANGUAGE AMENDMENTS; ADMINISTRATIVE AMENDMENTS; AND TYPOGRAPHICAL CORRECTIONS (DEFERRED BY THE COMMITTEE CHAIR DURING THE MEETING OF OCTOBER 11, 2016) 7. ADJOURNMENT OF LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING BY 8:30 P.M. ADJOURNMENT OF COUNCIL COMMITTEE OF THE WHOLE MEETING /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COMMITTEE-AGENDAS\2016\10-25-2016 CCW AGENDA.WPD THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

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ACTION FORM PROCEEDING: Safety Advisory & Transportation Committee DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: October 19, 2016 PREPARED BY: Scott D. Koenig, P.E., City Manager SUBJECT: Request for 4-Way Stop Sign – N. New Street and Mary Street REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Scott D. Koenig, P.E., City Manager EXHIBITS: Exhibit #1 – Memorandum dated August 29, 2016; Exhibit #2 – Sight Distance Triangle EXPENDITURE REQUIRED: $300.00 (EST.) AMOUNT BUDGETED: $16,000.00 (All Signs) FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1800-544 (Streets Division Operating Budget) TIME TIMETABLE: Install within thirty (30) days of final approval RECOMMENDED ACTION: Staff recommends the installation of the 4-way stop condition at the intersection of N. New Street and Mary Street; however, final action should consider any public testimony received at the committee meeting. BACKGROUND AND ANALYSIS Staff received a request from a citizen interested in the installation of a 4-way stop condition at the intersection of North New Street and Mary Street. The concerns relate to children playing in this residential area. The engineering staff in the Department of Public Works determined that a 4-way stop is justified at this location based on the current Manual on Uniform Traffic Control Devices (MUTCD). The primary reason for the justification is the lack of sight distance available on each approach at this intersection. This item has been placed on the committee agenda to receive public comment and final direction on the request.

MEMORANDUM Department of Public Works PO Box 475 Dover, Delaware 19903 Phone: (302) 674-7561 Fax: (302) 736-4217 E-mail: wwong@dover.de.us TO: Jason A. Lyon, P.E., Water/Wastewater Manager CC: Sharon Duca, P.E., Public Works Director / City Engineer FROM: Winter Wong, E.I.T, Civil Engineer DATE: August 29, 2016 SUBJECT: Stop Sign Request N. New St at Mary St BACKGROUND DATA A request was made on August 10, 2016 to install additional stop signs at the intersection of Mary St and New St. There are concerns about children playing in the residential areas. The citizen felt this intersection should be converted to a 4- way stop signs similar to the adjacent intersections. SITE CONSIDERATIONS The intersection of New Street and Mary Street currently has a two-way stop while Mary Street and N. Queen Street, Cecil Street and N. New St are both all-way stops. GUIDANCE The Delaware Manual on Uniform Traffic Control Devices (MUTCD) Sections 2B.04 Right-of-Way at Intersections and 2B.07 Multi-Way Stop Applications gives guidance on multi-way stop applications. Paragraph 02 of of section 2B.04 gives the following factors in deciding appropriate traffic control: 1. Vehicular, bicycle, and pedestrian traffic volumes on all approaches, 2. Number and angle of approaches, 3. Approach speeds, 4. Sight distance available on each approach, 5. Reported crash experience. Paragrah 05 of section 2B.04 states “YIELD or STOP signs should not be used for speed control”. Paragraph 08 of section 2B.07 states “A YIELD or STOP sign should not be installed on the higher volume roadway unless justified by an engineering study”. RECOMENDATION Staff recommends placing a four-way stop sign at this location. The primary reason is because the lack of sight distance available on each approach. The existing parking that is along N. New Street is required due to the housing makeup in the immediate vicinity, therefore, eliminating parking to increase the sight distance is not feasible.

Action: Authorized By: _________________________________ ____________________________________________ Printed Name/Title Signature Date Verification of Completion: _________________________________ ____________________________________________ Printed Name/Title Signature Date Comments:

Memorandum Office of the City Manager PO Box 475 Dover, DE 19903 Phone: (302) 736-7005 Fax: {302) 736-7002 E-mail: skoenig@dover.de.us To: Mayor and City Council From: Scott D. Koenig, P.E., City Manager ~~ Date: October 18,2016 Subject: Initial Assessment of Public Safety Issues Related to Holding Public Meetings in the City Council Chambers During recent months, several members of City Council voiced concerns about the security of holding public meetings in the City Council Chambers. The City Manager requested a review of the City Hall facility by the Dover Police Department. Staff from the Dover Police Department and representatives from the State Police DIAC conducted a site visit on Wednesday, September 28, 2016 and met with Kay Sass, Emergency Management Coordinator on Monday, October 3, 2016. We are currently waiting for recommendations from these visits. Security access cards have been installed on the Caucus Room door as well as the hallway door adjacent to the Council Chambers. These access cards secure this area after 5:00p.m. Additional information and recommendations will be forthcoming. SDK/sdk cc: Paul Bernat, Police Chief Donna Mitchell, Controller Kirby Hudson, Assistant City Manager P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

ACTION FORM PROCEEDING: Utility Committee AGENDA ITEM: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 10/14/16 PREPARED BY: Sharon J. Duca, P.E., Public Works Director / City Engineer SUBJECT: Dedication of Clearview Meadow Pump Station REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager EXHIBITS: Attachment A – List of Infrastructure to be accepted by the City of Dover Attachment B – Map EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: Pump Station and associated force main will become the responsibility of the City of Dover upon acceptance by City Council. RECOMMENDED ACTION: Acceptance of the pump station and associated force main at the Clearview Meadow Development. Dedication is to include the entire referenced infrastructure. BACKGROUND AND ANALYSIS Knollwood Development Corporation, responsible party for completing the pump station associated with the construction of the Clearview Meadow Development, has requested that the pump station and associated force main be dedicated to the City of Dover for permanent ownership and maintenance. This acceptance is in accordance to the water main abandonment agreement that was executed with the developer on August 11, 2016. This agreement outlines an exchange that the developer would abandon a water main that is installed under a stormwater management pond and the City would accept ownership of the existing pump station. Attachment A outlines the entire infrastructure associated with this request. The total construction value of the infrastructure is $333,993. Attachment B shows the general location and configuration of the infrastructure. Knollwood Development Corporation has completed construction of the infrastructure in accordance with City standards and specifications. After construction was completed, City staff inspected the infrastructure and developed a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work required by the Public Works Director has been completed. A one (1) year Maintenance Bond and a Release of Liabilities will be submitted as part of the dedication process. Required as-built drawings of the infrastructure have been provided to staff.

DEDICATION OF INFRASTRUCTURE CLEARVIEW MEADOW PUMP STATION ATTACHMENT A The following is a list of all infrastructure which are to be accepted by the City of Dover: Sewer Utility Infrastructure (Construction Value = $333,993 ): Smith and Loveless 4B2B Vacuum Primed Pump Station - 1 ea. 6” DR 18 PVC Sanitary Force Main - 1,740 l.f. 6” Gate Valves - 2 ea.

Attachment B Clearview Meadow Pump Station t en C ut Lind Sco Girl sR Willi d Ln E Division St N Little Creek Rd Marta Dr St 6I o at ec nc h lu B es R d ll Hi b No r ta Ma Dr Location of Pump Station Aham St a y lW t ai B w lu lo ec oa al tS Sw N t C ob Ú [ ell ldw H R Ca ill d t Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community 0 100 200 400 Feet ¯ Date Printed: October 14, 2016 Legend File: m:\gis_data\projects\tech_mxds \jason_lyon_maps\caf_maps \caf_clearview_meadowl_pump_station Ú Pump Station [ Department: Public Works GIS Force Main City of Dover, Delaware

ACTION FORM PROCEEDING: Utility Committee AGENDA ITEM: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 10/14/16 PREPARED BY: Sharon J. Duca, P.E., Public Works Director / City Engineer SUBJECT: Dedication of Water Infrastructure – New Burton Road / Webbs Lane REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager EXHIBITS: Attachment A – List of Water Infrastructure to be accepted by the City of Dover Attachment B – Map EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: All water infrastructure within the right-of-way of New Burton Road and Webbs Lane will become the responsibility of the City of Dover upon acceptance by City Council. RECOMMENDED ACTION: Acceptance of water infrastructure within the right-of-way of New Burton Road and Webbs Lane. Dedication is to include all of the referenced water infrastructure. BACKGROUND AND ANALYSIS Kent County, responsible party for completing the water infrastructure extension from Webbs Lane due south within New Burton Road to the new Kent County Recreation Center, has requested that all water infrastructure within the right-of-way be dedicated to the City of Dover for permanent ownership and maintenance. Attachment A outlines the entire water infrastructure associated with this project. The total construction value of the infrastructure is $239,900. Attachment B shows the general location and configuration of infrastructure that is to be accepted. Kent County’s prime contractor, A-Del Construction, Co., Inc. completed construction of the infrastructure in accordance with City standards and specifications. After construction was completed, City staff inspected the water infrastructure and developed a list of repairs to be made to meet the City of Dover Water / Wastewater Handbook. As of this date, all work required by the Public Works Director has been completed. A one (1) year Maintenance Agreement and a Release of Liabilities will be submitted as part of the dedication process. Required as-built drawings of the infrastructure have been provided to staff.

DEDICATION OF WATER INFRASTRUCTURE NEW BURTON ROAD AND WEBBS LANE ATTACHMENT A The following is a list of all water infrastructure which are to be accepted by the City of Dover: Water Utility Infrastructure (Construction Value = $239,900): 12” Ductile Iron (Class 52 Cement Lined) Water Main - 2,500 l.f. 6” Ductile Iron (Class 52 Cement Lined) Water Main - 90 l.f. 12” Gate Valve - 4 ea. 6” Hydrant Valve - 4 ea. Fire Hydrants - 4 ea.

Attachment B New Burton/Webbs Lane Water Infrastructure 554 BB BB Garton Ln Rd 417 419 n 429 Bu rto 425 423 New Í Í .B G !Í ÍÍ 1436 G . ! \ [ [ \ \ [ \ [ \ [ \G [. ! \ [ \ [ \ [ B ÍG ! . \ [ % L \ [ G . ! Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community 0 100 200 Feet Date Printed: October 14, 2016 ¯ File: m:\gis_data\projects\tech_mxds Legend Project Area Dover Parcels h Dead End Fire Hydrants . 1500 GPM G ! Valve À Service Connection Î " P Curb Stop/Meter Pit Main ! ! ± Curb Stop/House 1" 8" 10" 12" \jason_lyon_maps\caf_maps C " . 1000 - 1499 GPM ! Meter Pit G ! ! ­ ! b ± " 2" 14" b Reducer . 500 - 999 GPM 3" \caf_new_burton_webbs_ln " G ! . Below 500 GPM B G Í Hydrant Valve ¼ Í Curb Stop , 4" 16" Department: Public Works GIS ! City of Dover, Delaware \ Service Line [ Í Division Valve B % L Blow Off 6" 20"

ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: Human Resources DATE SUBMITTED: September 26, 2016 PREPARED BY: Kim Hawkins, SPHR, SHRM-CP, Human Resources Director SUBJECT: Incentive Program for City Employees Opting Not To Be Covered By The City’s Healthcare Plan REFERENCE: Fiscal Year 2017 Budget Hearings RELATED PROJECT: N/A REVIEWED BY: Scott Koenig, P.E., ICMA-CM, City Manager; Donna Mitchell, Controller/Treasurer EXHIBITS: N/A EXPENDITURE REQUIRED: FY-2018 ($200 x 12 months x 9 employees) - $ 21,600 (estimated) AMOUNT BUDGETED: N/A for FY-2017; needs to be included in the FY-2018 base budget FUNDING SOURCE (Dept./Page in CIP & Budget): TIME TIMETABLE: Proposed to be implemented in July 2017. RECOMMENDED ACTION: Authorize staff to bring back a final proposal based on the discussion of an opt-out incentive for employees with respect to Health Care Coverage. BACKGROUND AND ANALYSIS Attorneys from the law firm Young, Conaway, Stargatt and Taylor were consulted on an opt-out arrangement. During the May 26, 2016 Annual Budget Review held by City Council, it was recommended that staff explore the option of offering a monetary incentive to employees for opting out of the City’s health insurance plan. Currently, there are nine (9) City of Dover employees who are eligible for the city’s health insurance plan but have declined (opted out) to enroll in the City’s plan. One (1) employee is represented by the FOP, two (2) employees are represented by AFSCME, three (3) employees are represented by DOE and three (3) are Non- bargaining employees. The reasons for opting out of coverage are as follows: 1.) the employee is under the age of 26 and continues to remain on their parent’s plan. 2.) the employee is retired military and is enrolled in Tricare. 3.) the employee is retired from the State of Delaware. 4.) the employee did not provide a reason and the reason is therefore unknown. Any incentive option must be a conditional opt-out system. In a conditional opt-out system, the employee must provide documented proof that they have the minimum essential health care coverage through another source other than coverage in the individual private market for themselves and the “expected tax family”. If an incentive payment was to be issued on an unconditional opt-out system, the City would be exposed to violations of the Affordable Care Act (ACA). Specifically, the health insurance the city provides would be deemed unaffordable.

Indicated below in an overview of several other entities in regards to their offering of an incentive: Kent County offers a monetary incentive to retirees as well. The New Castle County Fraternal Order of Police labor unit has the payment deposited into a 457 retirement plan. The City of Dover offers a 457 plan to all full- time employees. Any monies the City contributes to a 457 plan are FICA taxable. The State of Delaware advised us that the State of Delaware Employment and Eligibility Rules do not preclude the City from offering the payment; however, they advised the City that the 5% risk adjustment fee that we are currently accessed is evaluated at least once every two (2) years to determine how the participating group population is impacting the State’s overall experience. To clarify, if healthy individuals exit the plan and Dover’s claims experience erodes, this option could have an impact on the overall experience of the participating group population which could result in the State increasing our risk fees. The City of Dover is a participating group with the State of Delaware Health Insurance Plan. The eligibility rules preclude a City of Dover employee from declining coverage with the City and enrolling on their spouse’s plan if the spouse is employed or retired from the State of Delaware. The conditional opt-out system can immediately be implemented for non-bargaining employees. There is no monies budgeted for this incentive in Fiscal Year 2017. For employees represented by a labor unit, it can be implemented immediately; however, this incentive will need to be negotiated in the future as it is a mandatory subject of collective bargaining. Both AFSCME and IBEW labor agreements expire on June 30, 2017. The FOP and DOE agreements expire on June 30, 2018. Example of Individual Health Insurance Cost Sharing Cost Sharing Health Plan Total Monthly Employee 15% City 85% Employee 20% City 80% Premium HMO $765.56 $114.82 $650.74 $153.10 $612.46 PPO $836.26 $125.44 $710.82 $167.24 $669.02

Annually, an employee is responsible for $1,377 to $2,000 for individual coverage. The incentive would need to be significant enough to purchase alternative coverage. Each employee electing to opt-out would save the City approximately $7,800 to $8,500 per year at current costs. This estimate is based upon the individual health insurance coverage. In reviewing the health insurance premium, the employee cost difference between Employee and Employee/Spouse and Employee/Child(ren) and Family is $126 - $180 per month depending on plan and cost sharing percentages (15% or 20%). Below is a chart that provides examples of different monthly allowance and the yearly equivalent amount. Monthly Allowance Yearly Allowance $100 $1,200 $200 $2,400 $300 $3,600 $400 $4,800 Recommendation: If members of Council decide to offer an opt-out incentive, the following guidelines should be considered. Effective Date: July 1, 2017. This will allow for proper budgeting. Monthly Incentive: $200. Payment will be issued the first pay period of each month for the current month. Administrative Guidelines: During open enrollment each year, documented proof of minimum essential health care coverage through another source (other than coverage in the individual market) for themselves and expected tax family must be submitted to the Human Resources Department. Shall an employee who receives the opt-out payment fail to submit the required proof by the end of the open enrollment period will automatically be enrolled in the health insurance plan with the lowest premium for single/individual that is offered by the City of Dover. The opt-out arrangement payment will discontinue. The City of Dover shall reserve the right to request proof throughout the plan year. During the plan year, the election to discontinue the opt-out arrangement payment shall only occur as a result of involuntary loss of other coverage. Employees have thirty (30) calendar days from the date of the involuntary loss of coverage to enroll in the City of Dover’s health insurance plan. Failure to meet this timeline will result in the employee delaying his or her eligible to enroll in coverage until the next open enrollment period.

ACTION FORM (REVISED) PROCEEDING: Legislative and Finance Committee AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 9/19/16 PREPARED BY: Captain Stump / Administrative Division Commander SUBJECT: Fund to Combat Violent Crime – FY17 Grant REFERENCE: State Grant Funding RELATED PROJECT: N/A APPROVALS: City Manager, Controller/Treasurer EXHIBITS: None EXPENDITURE REQUIRED: $97,320.00 PROJECT BUDGET: $97,320.00 Recurring Grant program not fully included in FUNDING SOURCE (Dept./Page in CIP & Budget): FY17 Budget TIMETABLE: Upon receipt of council approval, the equipment will be bid according to the City’s Purchasing Policy or purchased using State Contract vendors RECOMMENDED ACTION: Approve the grant and intended purchases. BACKGROUND The Fund to Combat Violent Crime Program is a recurring grant program managed by the Department of Safety and Homeland Security for use by local law enforcement agencies in connection with initiatives to combat violent felonies pursuant to Section 4201(c) of Title 11 of the Delaware Code. The first increment of funding was released during FY13. This year’s $97,320 allocation of funds is much higher than FY16, which was funded at $64,050.39. As a result of this, there was not enough funds budgeted in FY17 grant budget for the total amount of the grant, so a budget adjustment will also be needed to cover the unbudgeted portion ($17,400 in 710-1700-545.20- 26) This Committee/Council action form is submitted to obtain approval for the Police Department to use its grant allocation from this program. Funds were requested to fund the third year cost (five year program) of the Taser weapons upgrade for all officers' Tasers ($26,320), purchase tactical rifles for patrol vehicles ($52,000), two Unmanned Aerial Vehicles (UAVs) and the parts and training needed for them ($12,000), wrestling mats for use during training for police officers in ground fighting skills ($5,000) and training/public information materials for victims of violent crimes ($2,000). FUNDING The programs identified above will be funded by the FY17 Violent Crimes Fund Grant V-10-17. ACTION REQUESTED The Legislative and Finance Committee approve the grant items above, the budget increase to the Police Grants Fund 710, and recommend approval by the Council.

GRANT APPLICATION ANALYIS FORM For Use in Evaluating Grant Opportunities General Information Department: Police Staff Contact: Robin Adkins Grant: State Fund to Combat Violent Crime Program Grant #: Grant/Project Title: Police Equipment and Extra Duty Patrols Description: Funds were requested to fund the third year cost (five year program) of the Taser weapons upgrade for all officers' Tasers ($26,320), purchase tactical rifles for patrol vehicles ($52,000), two Unmanned Aerial Vehicles (UAVs) and the parts and training needed for them ($12,000), wrestling mats for use during training for police officers in ground fighting skills ($5,000) and training/public information materials for victims of violent crimes ($2,000). Application Information Due Date: 8/31/16 New Related grants: n/a Recurring Anticipated Award Date: 9/13/16 Anticipated Notification Date: 9/13/16 Start Date 9/1/15 End Date: 8/31/17 Award Amount: $ 97,320.00 Cash Reimbursement Approx. reimbursement turnaround time Council approval needed? Yes No Which apply? match / project amount (Council approval is needed for grant projects > $25,000, when match amounts equal or exceed project shortage $25,000, or when expressly required by the granting authority.) other grant requirement Grant/Project Costs Award Match Match Budget Category Amount Amount Source Contractual Equipment/Supplies 97,320.00 - Indirect Cost (ie, vehicle repairs, mileage, IT, telephone) Personnel Additional Personnel/Overtime (ie, support costs, administrative salaries) Travel/Training Capital (ie, land building, vehicles, etc.) Other (ie, informant/buy money) Total $ 97,320.00 $ - GRANT TOTAL $ 97,320.00 (Award + Match)

GRANT APPLICATION ANALYIS FORM For Use in Evaluating Grant Opportunities Other Information 1. Are any of this project's costs included in the city budget? Yes, this grant was included in the Police Department grant budget for FY17, however, the full amount of the grant was not budgeted because the actual amount awarded was more than anticipated. Only $80,000 was budgeted to be received, so an adjustment of $17,400 is needed. to Fund 710 Police grants budget in the Program Supplies account (20-26) 2. Are there any long term costs or commitments? N/A 3. How will this program/project be funded after the grant expires? N/A 4. What is the maximum amount of funds available from this funding source? The allocation of funds is specified by State legislation and is formula driven and based on police manpower assigned each year as of July 1st. 5. If the Department receives only a portion of the amount request, how will the project be funded? The amount allocated is the amount that is requested, so there will be no devations. 6. Are there any other departments in the city eligible for this funding? No. 7. Are any other department in the city willing to collaborate on this project? N/A 8. Will this project duplicate or compete with any other service or program provided by the city or other local agency? No.

GRANT APPLICATION ANALYIS FORM For Use in Evaluating Grant Opportunities DPD Form created 5/28/08

MEMORANDUM TO: Legislative, Finance and Administrative Committee Members CC: Scott Koenig, City Manager, P.E., ICMA-CM FROM: Kimberly Hawkins, SPHR, SHRM-CP DATE: October 16, 2016 REFERENCE: Equal Employment Opportunity (EEO) Briefing In recent weeks, the City Manager and I have been requested to present a briefing on the City’s Equal Employment Opportunity (EEO) program, our work force composition, and any goals in regards to the future composition of the workforce. Written inquiries from two (2) Councilmembers were used as the basis for this briefing. This briefing contains a variety of statistical information. If there is additional information you would like presented, please advise the City Manager. Every effort will be made to provide a response in a timely manner. In preparing the background information for this briefing it became apparent that improvements are necessary in several areas. These areas range from record keeping to the city’s recruitment process. Our Human Resources staff will be focusing its efforts in the next sixty (60) days to address several deficiencies by conducting a full audit of each employee’s Equal Employment Opportunity (EEO) job category and race. These deficiencies prevented the providing of the requested information regarding under-represented classes. At the conclusion of the internal audit by staff, it is anticipated that answers to these questions will become available as the updated data can be compared and analyzed against data available through the State of Delaware’s Department of Labor. Staff was asked if the City has an Affirmative Action Plan. To our knowledge, the City does not have an Affirmative Action Plan. All the data mining and analysis for this briefing will assist in developing an Affirmative Action Plan, if a formal written plan is requested by City Council. Please note, a Minority Recruiting Committee was formed in 2011 to make recommendations to improve the city’s recruiting efforts of minorities. Recommendations from this committee included improving employee morale, upward mobility/career ladder, enhanced technology for City image and recruitment and an internship program for high school and college students. The data identified in this briefing will also be useful in developing a more comprehensive recruitment source/notification network. This is another area of deficiency detected while preparing this briefing. Please note, the recruitment of all police officers is managed by the Police Department. Questions regarding recruitment of police officers should be directed to the 1

Police Department. The following briefing provides data on our policies and procedures, EEO filings, recruitment and new hires, supervisor make up, part-time and full time employees and the entire work force. Thank you for your time and attention with respect to this topic. 2

Indicated below is the Equal Employment Opportunity and Affirmative Action article of the Personnel Policy. This policy was approved by City Council in 2004. ARTICLE IV EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION The City of Dover is committed to providing equal employment opportunities to all citizens and maintaining a high quality workforce that draws upon the talents of our diverse citizenry to effectively operate our City government. Through sound recruitment, promotion, and retention practices Dover will continue to strive for a workforce that reflects the diversity of the City’s population. SECTION 1. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION POLICY It is the policy of the City to promote and foster equal employment opportunities, nondiscrimination, and a work atmosphere that fosters mutual respect and understanding among persons of different races, sexes, and faiths. The City of Dover shall provide equal opportunity to all qualified individuals in recruitment, hiring and promotion practices and shall assure that no one shall suffer discrimination or harassment by a City employee on the grounds of race, color, religion, sex, sexual orientation, physical handicap, age or national origin. Applicants with physical handicaps shall be given equal consideration with other applicants for positions when the City is able to make reasonable accommodations to help them perform the essential functions of their duties. SECTION 2. GENERAL IMPLEMENTATION All personnel responsible for recruitment and employment shall periodically review the implementation of this policy and relevant practices to assure that equal employment opportunity based on reasonable performance related job requirements are being actively observed. This will ensure that no employee or applicant for employment shall suffer discrimination based on age, sex, race, color, religion, national origin, sexual orientation or physical handicap. Notices with regard to equal employment matters shall be posted in conspicuous places on City Government premises where notices are ordinarily posted. SECTION 3. COMMUNICATION A. Internal This policy shall be thoroughly disseminated and discussed at new employee orientation and management training programs. This shall be the City’s policy, and efforts to achieve the City’s objectives in this area shall be published in an informational brochure and given to employees annually. 3

The intent of this policy and program and the individual responsibility for effective implementation of same shall be explained to staff, management and supervisory personnel. Equal employment opportunity and affirmative action posters shall be prominently displayed in places readily accessible to both employees and applicants. All employment advertising shall display the tag lines: “An Equal Opportunity Employer” or its equivalent. B. External All sources of applicants for employment shall be notified annually in writing of the City’s policy. These sources shall be requested to actively recruit and refer minority, female and handicapped applicants for positions listed. The City of Dover shall notify minority, female and handicapped organizations, community agencies, community leaders, secondary schools and colleges of the City’s policies of non-discrimination and equal employment opportunity, and the Affirmative Action policy. Section 4. RESPONSIBILITIES FOR IMPLEMENTATION A. Human Resources Director 1) The Human Resources Director of the City of Dover shall serve as the Equal Employment Opportunity Officer and be responsible for implementation of this plan. The department head of each City department shall be responsible for their department and shall be accountable for implementing the City’s policy. 2) The Human Resources Director shall be responsible for auditing and continually reviewing the City’s hiring practices and employee behavior with respect to the Policy. The City Manager shall be notified of any complaints initiated against the City and any requests from private organizations and people wishing to discuss our employment practices. 3) The Human Resources Director shall have a complaint procedure to permit and encourage employees to discuss with the Human Resources Director any problem resulting from alleged bias, discrimination, lack of employment opportunity or any similar matter. 4

B. Human Relations Commission The City of Dover has a Human Relations Commission whose purpose is to make recommendations to the City Council on ordinances which would support inclusiveness and civility, and to engage in education and advocacy for bettering human relations. The Human Relations Commission should be consulted from time to time on progress of this policy, and shall be given opportunities to educate the work force on bettering human relations. SECTION 5. INDENTIFICATION OF PROBLEM AREAS A continuing analysis will be made by City Council and the City Manager to determine the composition of the work force, the applicants for employment, and the results of employment activities. The selection process including position descriptions, application forms, interviews, test procedures (if applicable), test validity, referral procedures, final selection process, as well as transfer and promotion practices shall be constantly monitored to assure equal opportunity. SECTION 6. RECRUITMENT The City of Dover will continue to make special efforts to convince minority, female and handicapped individuals in the community that the City offers equal opportunity and a congenial employment environment. In this connection, effective communication will be maintained with the State Human Relations Commission and the State Employment Office to encourage minority individuals to seek employment with the City of Dover. The City maintains continual personal contact with those having the most access to minority groups and handicapped individuals. These sources include school principals, community leaders, college career advancement offices, religious leaders and heads of minority groups. Referral to the City of Dover for employment is encouraged. Moreover, to broaden the recruitment base with respect to placing minority, female and handicapped employees in professional categories, the City of Dover will communicate its needs to public and private employment offices emphasizing opportunities that are available. The City will continue to maintain relationships with all organizations which have as an objective the improvement of the employment opportunities for minority, female and handicapped persons. In all employment advertising, the City of Dover will identify itself as an Equal Opportunity Employer, abiding by all the provisions of Title VII, Civil Rights Act. A system of quotas shall not be utilized in the recruitment and selection of employees. Minority, female and handicapped applicants for management and supervisory positions shall be energetically recruited in keeping with all the provisions and intent of this policy. 5

SECTION 7. ADVANCEMENT Minority, female or handicapped employees who have previous experience or who have demonstrated abilities and qualifications comparable to other applicants shall be considered for promotional opportunities--particularly where training or educational refund is to be afforded. They shall be encouraged to undertake training opportunities. The City has no formal training programs other than “on the job” training. SECTION 8. INVOLOVEMENT IN COMMUNITY ACTIVITIES The City shall be actively involved in community activities that are minority, female and handicapped oriented. Both elected and non-elected City Officials will donate their free time to minority organizations by giving talks/greetings or attending affairs sponsored by such groups. Equal Employment Opportunity Reporting The Equal Employment Opportunity Commission requires government organization to file an EEO-4 report in odd numbered years. Our next reporting is due by June 30, 2017. The EEO-4 requires employees be assigned into one (1) of eight (8) job categories. The categories are indicated in Exhibit A. In addition to job category, each employee is placed within a salary range with gender and race indicated. The City’s 2011 and 2015 EEO-4 report have been reviewed. There are concerns with the accuracy of the data. The report for 2013 was unavailable for review. These concerns are the driving force for the full audit. The updated data will be entered into ADP, the City’s payroll computer system, for future use and reference. Recruitments and Hires City recruitments are announced on the City’s website and Facebook page as well as our Human Resources’ Facebook page. Seven (7) colleges, two (2) religious affiliated organization and three (3) community organizations are mailed each job announcement. When appropriate, recruitments are publicized on professional websites such as American Public Works Association, American Public Power Association, American Library Association, and American Planning Association. We are currently researching opportunities in order to expand the organization list. Calendar year 2014, 2015 and calendar year to date 2016, reflects an increase in application received from females by almost 12%. The number of applications received from minorities have decreased by approximately 4%. During the same time frame, applications with a Dover 6

address has decreased from 50% to 36.2% while applications with a non-Dover address has increased from 50% to 63.8%. A complete summary is indicated below. Recruitments for police officers and cadets are not included in the data below. Applicants by Gender Did Not Number of Total Year Female Male Self Recruitments Applicants Disclose 2014 31 1,047 48.0% 46.8% 5.2% 2015 30 444 41.9% 53.4% 4.7% 2016 29 558 59.9% 31.0% 9.1% Applicants by Race American Did not Asian/Pacific Total Year White Black Hispanic Indian/Alaskan Self Islander Minority Native Disclose 2014 55.9% 30.9% 3.2% 1.9% 1.2% 6.7% 37.2% 2015 53.8% 28.2% 2.7% 0.9% 3.8% 10.6% 35.6% 2016 60.2% 22.7% 3.6% 1.1% 1.3% 11.3% 28.7% Applicants by Address Number of Total Non-Dover Year Dover Address Recruitments Applicants Address 2014 31 1,047 50.0% 50.0% 2015 30 444 43.9% 56.1% 2016 29 558 36.2% 63.8% Information regarding gender and race is obtained from the last page of our employment application. Please reference Exhibit B. Applicants may voluntarily self-disclose their gender and race. This information is recorded in our Human Resources Information System and is removed from the employment application. This information is unknown to the reviewers of the applications. During calendar year 2016 thirty-five (35) employees have been hired; twelve (12) part-time employees and twenty-three (23) full-time employees. The chart below provides an overview of these hires along with the average hourly rate of pay and age. 7

2016 New Hires Average Average Male Female Minority White Hourly Age Rate Part-time 5 7 3 9 $13.57 28.58 Full-time 18 5 6 17 $16.91 32.91 Total 23 12 9 26 $15.76 31.43 Details in reference to new hires from January 1, 2012 through October 16, 2016 are presented in Exhibit C and D. Exhibit C represents part-time employees while Exhibit D represents full-time employees. The procedure followed for recruitment is presented in Exhibit E. The interview panel consists of representation from the Human Resources department, typically either the Human Resources Coordinator or the Director and a representative from the department. The representation from the department is at the direction of the Department Head. The Department Head may elect to participate in the interviews, assign to another staff member to participate or participate along with other staff members. Human Resources prides itself in being fluid with the interview panel and recruitment process. Each department head has a uniqueness to their process. The city currently does not have a pool of minority employees volunteering to participate in interviews. We have informally implemented this program. Formal implementation will require cooperation from all City Departments and Staff. Based on the size of our workforce, having non- typical employees performing these duties can cause a disruption in service levels as these employees will be unavailable for their normal duties. Employees volunteering on the interview panel will also need guidance and training in the interview process along with confidential awareness. Supervisors Dover has twenty-two (22) female supervisors and twenty-five (25) male supervisors. Seven (7) of the twenty-two (22) female supervisors are department heads (City Clerk, Finance, Human Resources, Library, Planning and Recreation, Public Works and Tax). Two (2) of the twenty-two (22) female supervisors are minorities. Three (3) males are department heads (City Manager, Electric Director and Police Chief). Our twenty-five (25) male supervisors are comprised of three (3) minority and twenty-two (22) non-minority. Below are charts that depict the age and salary breakdown of the female supervisors. 8

Age Bracket (Female) 30-39 40-49 50-59 60+ Average Age 3 10 7 2 48 Salary Range (Female) $38,000 - $50,000 - $60,000 - $70,000 - $80,000 - $90,000 - $100,000+ Average $49,000 $59,000 $69,000 $79,000 $89,000 $99,000 Salary 6 4 2 4 1 2 3 $70,403 Below are charts that depict the age and salary breakdown of the male supervisors. Age Bracket (Male) 30-39 40-49 50-59 60+ Average Age 2 12 10 1 48 Salary Range (Male) $38,000 - $50,000 - $60,000 - $70,000 - $80,000 - $90,000 - $100,000+ Average $49,000 $59,000 $69,000 $79,000 $89,000 $99,000 Salary 1 3 3 4 3 4 7 $85,716 Part-Time Employees The City currently employs twenty-eight (28) part-time employees. Indicated below is their composition. Please note, the Human Resources Department’s monthly report does not reflect Relief Fire Dispatchers, temporary employees or part-time employees working for the purpose of producing the City Council meetings. They are not included in the chart below. 9

Part-Time Employees by Gender, Race and Department Gender Race American Black/African Indian or 2 or more Department Female Male White American Alaskan races Native Central 1 1 Services Customer 1 1 Service Library 12 1 10 2 1 Police 2 7 6 1 1 1 Civilian Recreation 3 1 4 Total 18 10 17 8 1 2 All Employees A summary of the City of Dover workforce has been compiled and is reflected in Exhibit F. Comparable data with the State of Delaware, Kent County and Dover demographics is included for comparison purpose. 10

Exhibit A Description of Job Categories for EEO-4 Filing (Source: EEOC website; www.eeoc.gov) Officials and Administrators: Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or direct individual departments or special phases of the agency's operations, or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, wardens, superintendents, sheriffs, police and fire chiefs and inspectors, examiners (bank, hearing, motor vehicle, warehouse), inspectors (construction, building, safety, rent-and- housing, fire, A.B.C. Board, license, dairy, livestock, transportation), assessors, tax appraisers and investigators, coroners, farm managers, and kindred workers. Professionals: Occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, systems analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants, librarians, management analysts, airplane pilots and navigators, surveyors and mapping scientists, and kindred workers. Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education or through equivalent on-the-job training. Includes: computer programmers, drafters, survey and mapping technicians, licensed practical nurses, photographers, radio operators, technical illustrators, highway technicians, technicians (medical, dental, electronic, physical sciences), police and fire sergeants, inspectors (production or processing inspectors, testers and weighers), and kindred workers. Protective Service Workers: Occupations in which workers are entrusted with public safety , security and protection from destructive forces. Includes: police patrol officers firefighters, guards, deputy sheriffs, bailiffs, correctional officers, detectives, marshals, harbor patrol officers, game and fish wardens, park rangers (except maintenance), and kindred workers. Paraprofessionals: Occupations in which workers perform some of the duties of a professional or technician in a supportive role, which usually require less formal training and/or experience normally required for professional or technical status. Such positions may fall within an identified pattern of staff development and promotion under a "New Careers" concept. Included: research assistants, medical aides, child support workers, policy auxiliary welfare service aides, recreation assistants, homemakers aides, home health aides, library assistants and clerks, ambulance drivers and attendants, and kindred workers. Administrative Support(Including Clerical and Sales): Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and/or 11

information and other paperwork required in an office. Includes: bookkeepers, messengers, clerk-typist, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks, office machine and computer operators, telephone operators, legal assistants, sales workers, cashiers, toll collectors, and kindred workers. Skilled Craft Workers: Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the process involved in the work which is acquired through on-the-job training and experience or through apprenticeship or other formal training programs. Includes: mechanics and repairers electricians, heavy equipment operators, stationary engineers, skilled machining occupations, carpenters, compositors and typesetters, power plant operators, water and sewage treatment plant operators, and kindred workers. Service-Maintenance: Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Workers in this group may operate machinery. Includes: chauffeurs, laundry and dry cleaning operatives, truck drivers, bus drivers, garage laborers, custodial employees, gardeners and groundkeepers, refuse collectors, construction laborers, park rangers (maintenance), farm workers (except managers), craft apprentices/trainees/helpers, and kindred workers. 12

Exhibit B City of Dover Employment Application 13

Exhibit C City of Dover - October 2016 Part-Time New Hires 1/2/2012 – 10/16/2016 Total Part- Black/African Hispanic or Alaska Indian/Native 2 or More Department Female Male White Asian time New American Latino American Races Hire Central Services 1 1 1 City Clerk City Manager's Office Code Enforcement Council Customer Services 1 1 1 Electric - Administration Electric - Engineering Electric - Meter Reading Electric - System Operations Electric - Transmission & Distribution Finance Fire Department Human Resources Information Technology Library 11 1 9 2 1 12 Life Safety/Fire Marshal Mayor Permitting/Inspections Planning Police Civilians 2 7 6 1 2 9 Police Law Enforcement Public Works - Admin Public Works - Engineering Public Works - Facilties Management Public Works - Grounds Public Works - Sanitation Public Works - Streets Public Works - Vehicle Maintenance Public Works - Wastewater Engineering Public Works - Wastewater Management Public Works - Water Management Public Works - Water Treatment Plant Recreation 1 1 1 Tax Assessor Total 14 10 17 4 0 0 0 3 24 58.33% 41.67% 70.83% 16.67% 0.00% 0.00% 0.00% 12.50% City of Dover 53.60% 46.40% 48.25% 42.20% 6.55% 2.72% 0.50% 4.10% Kent County 51.92% 48.08% 67.77% 23.97% 5.75% 2.03% 0.64% 3.50% State of Delaware 51.56% 48.43% 68.78% 21.36% 8.15% 2.80% 0.47% 2.65% 14

Exhibit D City of Dover - October 2016 Full-Time New Hires 1/2/2012 – 10/16/2016 2 or Black/African Hispanic or Alaska Indian/Native Total Full-time New Department Female Male White Asian More American Latino American Hires Races Central Services City Clerk City Manager's Office 1 1 1 Code Enforcement 1 1 2 2 Council 0 Customer Services 2 1 1 2 3 Electric - Administration 2 2 2 Electric - Engineering 1 2 3 3 Electric - Meter Reading 0 Electric - System Operations 0 Electric - Transmission & Distribution 2 2 2 Finance 4 3 1 4 Fire Department 1 1 1 Human Resources 0 Information Technology 1 1 1 Library 3 1 4 4 Life Safety/Fire Marshal 0 Mayor 1 1 1 Permitting/Inspections 3 1 4 4 Planning 3 2 1 3 Police Civilians 4 9 10 1 1 1 13 Police Law Enforcement 2 28 23 4 2 1 30 Public Works - Admin 0 Public Works - Engineering 1 2 2 1 3 Public Works - Facilities Management 2 2 2 Public Works - Grounds 1 4 3 1 1 5 Public Works - Sanitation 3 2 1 3 Public Works - Streets 2 1 1 2 Public Works - Vehicle Maintenance 3 3 3 Public Works - Wastewater Engineering 1 1 1 Public Works - Wastewater Management 5 3 1 1 5 Public Works - Water Management 1 1 1 Public Works - Water Treatment Plant 1 3 4 4 Recreation 0 Tax Assessor 0 Total 23 80 80 11 2 2 3 5 103 22.33% 77.67% 77.67% 10.68% 1.94% 1.94% 2.91% 4.85% City of Dover 53.60% 46.40% 48.25% 42.20% 6.55% 2.72% 0.50% 4.10% Kent County 51.92% 48.08% 67.77% 23.97% 5.75% 2.03% 0.64% 3.50% State of Delaware 51.56% 48.43% 68.78% 21.36% 8.15% 2.80% 0.47% 2.65% 15

Exhibit E Employment Recruitment Procedures 1. The hiring department must complete the Permission to Recruit form and the Hiring Justification questionnaire for each vacant or new position they wish to recruit. If the position was a new position approved through the budget process, only the Permission to Recruit form is required. Both forms are located on Public Docs, Human Resources folder and Recruitment. Once the form(s) are completed, please forward to the City Manager for initial approval. If approved, the City Manager’s department will forward the forms to the Controller/Treasure for budget review approval. Human Resources will be advised that the forms have been forwarded to Finance. Finance will forward the documents to Human Resources. 2. Human Resources will write the job advertisement and return it to the Department for review. All job descriptions will be reviewed by both the Human Resources Department and the Department to ensure they are current and up to date prior to posting the recruitment. The Human Resources Department will work with the Department on creating a job description for new positions. Bargaining unit jobs will be posted as outlined in the appropriate Labor Agreement. All jobs (unless In-House only) at a minimum will be posted on the City’s website. 3. Human Resources will post/run the ad in the appropriate publications and log in and collect the applications and resumes. 4. Once the job closes and all applications/resumes are received, Human Resources will review the applications/resumes narrow the selection down to the fifteen (15) most qualified candidates. Those candidates will then be forwarded to the Department for review. The Department can always request to review all the applications/resumes received for the posting if they so choose. If an in-house applicant is NOT to be interviewed, then the department doing the hiring along with Human Resources must speak with the employee to determine why the employee feels they are qualified for the position. The discussion should include why the candidate has not been selected for an interview. 5. When the position closes all candidates will receive a letter indicating receipt of their applications/resumes. The letter acknowledges receipt of their application/resume and indicates that those candidates chosen for an interview will be contacted. Final candidates interviewed, but not selected, will be contacted via Human Resources once the recruitment is considered filled. 6. Human Resources will contact the Department to schedule interviews at a time convenient to the Department, HR and the persons to be interviewed. The department will submit prescreening questions, and once approved, will conduct a telephone screening on initial candidates to ensure their viability. The department will also provide Human Resources with a draft of the interview questions for the HR department’s review and finalization. HR will then schedule the interviews and provide interview packets to the interview team. 7. At the conclusion of each of the interviews, if possible, the interview team should discuss and determine the viability of each candidate. Following the interviews, the Department will submit a Hiring Summary. The Hiring Summary must include their preference of candidates and recommendation for hire to HR for review and final approval along with all interview notes. The 16

Hiring Summary must include the reasons for their choice of candidate and list all candidates interviewed with a brief outline of the justification for their choice along with the reasons they did not chose the other candidates to fill the open position. Approval cannot be granted until all interview notes from the entire interview team are received by the Human Resources Department. The recruitment file is not complete without this vital information. 8. Once the Hiring Summary is received and approved, the HR Department will contact the candidate and provide them with a conditional offer letter of employment. The candidate will be instructed that the conditional offer letter is contingent on several factors to include: successful completion of a background investigation, satisfactory driving record (not applicable to all positions), successful completion of a pre-employment drug screening along with receipt of education verification. Additional requirements may be necessary depending on the position. Once all necessary documentation has been received and reviewed, HR will then contact the Department and the candidate to determine their first day of employment. HR will then notify the Finance Department and Information Technology of the candidate’s name, position and first day of employment. 9. HR will send a calendar appointment to IT and the Department. The appointment will be established one week in advance of the employee’s first day of employment. The calendar event is to remind the department and IT to establish computer, telephone, etc. needs. Included in the calendar appointment will be a link to IT’s Self Service, New User Request. 17

Exhibit F City of Dover – October 2016 Gender & Race by Department for All Full-time and Part-time Employees Total Alaska 2 or Black/African Hispanic or Department Department Female Male White Asian Indian/Native More American Latino Staffing American Races Levels Central Services 4 4 4 City Clerk 4 4 4 City Manager's Office 4 5 5 4 9 Code Enforcement 1 3 4 4 Council 9 7 2 9 Customer Services 10 2 8 4 12 Electric - Administration 2 2 4 4 Electric - Engineering 2 6 6 2 8 Electric - Meter Reading 1 2 3 3 Electric - System Operations 5 2 2 1 5 Electric - Transmission & Distribution 23 20 3 23 Finance 7 1 6 1 1 8 Fire Department 10 9 1 10 Human Resources 3 2 1 3 Information Technology 3 3 3 Library 25 2 22 3 1 1 27 Life Safety/Fire Marshal 2 2 2 Mayor 1 1 1 Permitting/Inspections 3 3 6 6 Planning 4 2 3 2 1 6 Police Civilians 14 27 35 2 2 2 41 Police Law Enforcement 4 97 86 11 2 1 1 101 Public Works - Admin 3 2 5 5 Public Works - Engineering 3 3 3 Public Works - Facilties Management 1 4 5 5 Public Works - Grounds 1 8 7 1 1 9 Public Works - Sanitation 9 5 2 2 9 Public Works - Streets 8 5 2 1 8 Public Works - Vehicle Maintenance 6 6 6 Public Works - Wastewater Engineering 1 4 4 1 5 Public Works - Wastewater Management 9 6 1 1 1 9 Public Works - Water Management 5 3 2 5 Public Works - Water Treatment Plant 1 12 13 13 Recreation 6 3 4 5 9 Tax Assessor 2 2 2 Total 99 282 309 47 2 4 11 8 381 25.98% 74.02% 81.10% 12.34% 0.52% 1.05% 2.89% 2.10% City of Dover 53.60% 46.40% 48.25% 42.20% 6.55% 2.72% 0.50% 4.10% Kent County 51.92% 48.08% 67.77% 23.97% 5.75% 2.03% 0.64% 3.50% State of Delaware 51.56% 48.43% 68.78% 21.36% 8.15% 2.80% 0.47% 2.65% 18

Employment Recruitment Procedures 1. The hiring department must complete the Permission to Recruit form and the Hiring Justification questionnaire for each vacant or new position they wish to recruit. If the position was a new position approved through the budget process, only the Permission to Recruit form is required. Both forms are located on Public Docs, Human Resources folder and Recruitment. Once the form(s) are completed, please forward to the City Manager for initial approval. If approved, the City Manager’s department will forward the forms to the Controller/Treasure for budget review approval. Human Resources will be advised that the forms have been forwarded to Finance. Finance will forward the documents to Human Resources. 2. Human Resources will write the job advertisement and return it to the Department for review. All job descriptions will be reviewed by both the Human Resources Department and the Department to ensure they are current and up to date prior to posting the recruitment. The Human Resources Department will work with the Department on creating a job description for new positions. Bargaining unit jobs will be posted as outlined in the appropriate Labor Agreement. All jobs (unless In-House only) at a minimum will be posted on the City’s website. 3. Human Resources will post/run the ad in the appropriate publications and log in and collect the applications and resumes. 4. Once the job closes and all applications/resumes are received, Human Resources will review the applications/resumes narrow the selection down to the fifteen (15) most qualified candidates. Those candidates will then be forwarded to the Department for review. The Department can always request to review all the applications/resumes received for the posting if they so choose. If an in-house applicant is NOT to be interviewed, then the department doing the hiring along with Human Resources must speak with the employee to determine why the employee feels they are qualified for the position. The discussion should include why the candidate has not been selected for an interview. 5. When the position closes all candidates will receive a letter indicating receipt of their applications/resumes. The letter acknowledges receipt of their application/resume and indicates that those candidates chosen for an interview will be contacted. Final candidates interviewed, but not selected, will be contacted via Human Resources once the recruitment is considered filled. 6. Human Resources will contact the Department to schedule interviews at a time convenient to the Department, HR and the persons to be interviewed. The department will submit prescreening questions, and once approved, will conduct a telephone screening on initial candidates to ensure their viability. The department will also provide Human Resources with a draft of the interview questions for the HR department’s review and finalization. HR will then schedule the interviews and provide interview packets to the interview team. 1

7. At the conclusion of each of the interviews, if possible, the interview team should discuss and determine the viability of each candidate. Following the interviews, the Department will submit a Hiring Summary. The Hiring Summary must include their preference of candidates and recommendation for hire to HR for review and final approval along with all interview notes. The Hiring Summary must include the reasons for their choice of candidate and list all candidates interviewed with a brief outline of the justification for their choice along with the reasons they did not chose the other candidates to fill the open position. Approval cannot be granted until all interview notes from the entire interview team are received by the Human Resources Department. The recruitment file is not complete without this vital information. 8. Once the Hiring Summary is received and approved, the HR Department will contact the candidate and provide them with a conditional offer letter of employment. The candidate will be instructed that the conditional offer letter is contingent on several factors to include: successful completion of a background investigation, satisfactory driving record (not applicable to all positions), successful completion of a pre-employment drug screening along with receipt of education verification. Additional requirements may be necessary depending on the position. Once all necessary documentation has been received and reviewed, HR will then contact the Department and the candidate to determine their first day of employment. HR will then notify the Finance Department and Information Technology of the candidate’s name, position and first day of employment. 9. HR will send a calendar appointment to IT and the Department. The appointment will be established one week in advance of the employee’s first day of employment. The calendar event is to remind the department and IT to establish computer, telephone, etc. needs. Included in the calendar appointment will be a link to IT’s Self Service, New User Request. Updated 3/19/09 Updated 11/20/2015 cxm H drive: recruitment and Exit Form: procedure to fill a vacant position 2

ACTION FORM MEETING DATE: 10/25/16 PROCEEDING: Council Committee of the Whole/Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk, on Behalf of Councilman Hutchison DATE SUBMITTED: 09/21/2016 SUBJECT: Proposed Ordinance Amendments - Removal of Annual Appointment Requirements for the City Clerk, Building Inspector, and Fire Marshal RELATED PROJECT: Proposed Charter Amendments to Eliminate the Annual Appointment Requirement for the City Assessor, Controller/Treasurer, City Solicitor, and Deputy City Solicitor APPROVALS: City Council EXHIBITS: Proposed Ordinance #2016-21 amending Chapter 2 - Administration, Article IV - Officers and Employees, Division 5 - City Clerk, Section 2-281 - Appointment; Chapter 22 - Buildings and Building Regulations, Article II - Building Inspector, Section 22-31 - Office Created; Appointment; and Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-124 - Fire Marshal EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: First Reading at Council on November 14, 2016 and Final Reading at Council on November 28, 2016. RECOMMENDED ACTION: Approval of the proposed amendments to the City of Dover Code of Ordinances. BACKGROUND AND ANALYSIS At the request of Councilman Hutchison, staff prepared Proposed Ordinance #2016-21 amending Chapter 2 - Administration, Article IV - Officers and Employees, Division 5 - City Clerk, Section 2-281 - Appointment; Chapter 22 - Buildings and Building Regulations, Article II - Building Inspector, Section 22-31 - Office Created; Appointment; and Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-124 - Fire Marshal. These amendments will remove the annual appointment requirement for the City Clerk, Building Inspector, and Fire Marshal. Additionally, proposed Charter amendments are being considered to eliminate the annual appointment requirement for the City Assessor, Controller/Treasurer, City Solicitor, and Deputy City Solicitor. S:\CAFS\10-25-2016 CAF Annual Appt Requirement - City Clerk, Building Inspector, & Fire Marshal.wpd

CITY OF DOVER PROPOSED ORDINANCE #2016-21 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 2 - Administration, Article IV - Officers and Employees, Division 5 - City Clerk, Section 4 2-281 - Appointment of the Dover Code be amended by deleting the text indicated in red strikeout, as 5 follows: 6 Sec. 2-281. - Appointment. 7 There shall be a city clerk selected by the city council at its annual meeting, and such person shall 8 serve as the clerk of the city council. 9 (Code 1981, § 2-116; Ord. of 3-12-2001) 10 BE IT FURTHER ORDAINED: 11 That Chapter 22 - Buildings and Building Regulations, Article II - Building Inspector, Section 22-31 - Office 12 Created; Appointment of the Dover Code be amended by deleting the text indicated in red strikeout, as 13 follows: 14 Sec. 22-31. - Office created; appointment. 15 There is hereby created the office of building inspector. The building inspector shall be selected by the city 16 council during its annual meeting. 17 (Code 1968, § 2-75; Code 1981, § 5-1) 18 BE IT FURTHER ORDAINED: 19 That Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-124 - Fire Marshal of 20 the Dover Code be amended by deleting the text indicated in red strikeout, as follows: 21 Sec. 46-124. - Fire marshal. 22 (a) Selection. There shall be a fire marshal, who shall be selected by the city council at its annual 23 meeting. 24 (b) Fire prevention. The fire marshal or his/her authorized agent shall enforce this article and any other 25 fire prevention provisions of this Code and any other fire prevention regulations applicable to the 26 city. 27 (c) Investigation of fires. The fire marshal or his/her deputies shall be responsible for the investigation 28 of the origins and causes of fires and explosions within the corporate limits of the city, which involve 29 the loss of life or injury or cause destruction or damage to property. Such investigation shall be 30 initiated immediately upon the occurrence of such fire or explosion. Upon request of the fire 31 marshal, the city police shall be authorized to assist the fire marshal in the performance of his/her 32 duties. When any fire or explosion is found to be suspicious or criminal in nature or causes serious 33 injury or death, the fire marshal or his/her deputies shall contact the city police and, per the 34 agreement of the fire marshal and chief of police, conduct a joint investigation into the origin and

Proposed Ordinance #2016-21 - Chapter 2 - Administration, Chapter 22 - Buildings and Building Regulations, and Chapter 46 - Fire Prevention and Protection Page 2 35 cause of the fire or explosion. 36 (d) Hazardous conditions. When, in the opinion of the fire marshal or code official, a fire or life safety 37 hazard is of imminent danger to occupants of a building, structure or outdoor event, the fire marshal 38 or code official may order the unsafe condition removed, said building or structure evacuated or 39 outdoor event terminated. 40 (e) Right of entry. The fire marshal or his/her designee is authorized at all reasonable times to enter and 41 examine any building, marine vessel, vehicle, or premises for the purposes of making fire safety 42 inspections. Before entering a private building or dwelling, the fire marshal or his/her designee shall 43 obtain the consent of the occupant thereof or obtain a search warrant authorizing his/her entry for 44 the purpose of inspection, except in those instances where an emergency exists. As used in this 45 section, "emergency" means circumstances which the fire marshal or his/her designee knows or has 46 reason to believe exist, and which reasonably may constitute immediate and grave danger to life or 47 property. 48 (f) Implied consent. Application for, or acceptance of, any license or permit requested or issued pursuant 49 to City Code constitutes agreement and consent by the person making the application or accepting 50 the license or permit to allow the fire marshal or his/her designee to enter the premises at any 51 reasonable time to conduct such inspections as required by this code or deemed necessary by the fire 52 marshal or his/her designee to determine compliance with the requirements for such license or 53 permit. 54 (g) [Placard-Health hazard and unsafe to enter.] The fire marshal or code official may placard any 55 building damaged by fire or explosion as being a health hazard and unsafe to enter. No one shall 56 enter any building having been placarded by the fire marshal or code official as being a health hazard 57 and unsafe without first contacting the fire marshal. 58 (h) [Unlawful to enter.] It shall be unlawful to enter any premise, structure, building, or vehicle which 59 has been damaged by fire or explosion for the purpose of removing, altering or tampering with any 60 part of the structure, appliance, or object identified and tagged by the fire marshal as being a possible 61 ignition source or cause of the fire or explosion, without approval of the fire marshal, until the 62 conclusion of the investigation. 63 (Code 1968, § 2-49; Code 1981, § 7-59; Ord. of 2-9-1998; Ord. No. 2012-05, 9-24-2012) 64 ADOPTED: * 65 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-21 ANNUAL APPOINTMENT - CITY CLERK, BUILDING INSPECTOR, AND FIRE MARSHAL\Ordinance #2016-21 Annual Appointment - City Clerk, 66 Building Inspector, and Fire Marshal.wpd 67 SYNOPSIS 68 The proposed amendments remove the annual appointment requirement for the city clerk, 69 building inspector, and fire marshal. 70 (SPONSORS: HUTCHISON, NEIL, AND ANDERSON) 71 Actions History 72 10/25/2016 - Scheduled for Introduction - Council Committee of the Whole/Legislative, Finance, and Administration 73 Committee 74 10/11/2016 - Deferred by Council Committee of the Whole/Legislative, Finance, and Administration Committee

CITY OF DOVER PROPOSED ORDINANCE #2016-22 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 54 - Health and Sanitation, Article I - In General, Section 54-4 - Smoking Regulations of the 4 Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as 5 follows: 6 Sec. 54-4. - Smoking regulations. 7 (a) Generally. The Surgeon General of the United States, the National Academy of Sciences, and other 8 health organizations have linked passive exposure to tobacco smoke (secondhand smoke) to a variety 9 of negative health conditions in nonsmokers, which has prompted the council to enact smoking 10 regulations for the health, welfare and safety of residents of the city and to strike a reasonable 11 balance between the rights of smokers and nonsmokers by regulating smoking in certain public 12 places and places of employment. 13 (b) Definitions. The following words, terms and phrases, when used in this section, shall have the 14 meanings ascribed to them in this subsection, except where the context clearly indicates a different 15 meaning: 16 Bar or cocktail lounge area means that part of any restaurant or other establishment, to a depth of 17 20 feet from such bar, primarily engaged in the business of selling or dispensing alcoholic beverages 18 or other beverages and duly licensed by the state for the same, but secondary to the restaurant or 19 other primary use of the establishment. 20 Employee means any person who renders or has rendered any service to another for a consideration 21 or its equivalent, under an expressed or implied contract, and who is or was under the control and 22 direction of the latter when rendering the services, including temporary, provisional, casual or 23 part-time employment. 24 Employer means an individual, partnership, association, corporation, governmental body or agency, 25 or any other entity, for whom or for which one or more persons renders or have rendered any service 26 on a salary, commission or other compensation basis. 27 Health care facility means any office or institution providing individual care or treatment of diseases, 28 whether physical, mental or emotional, or other medical, physiological or psychological conditions. 29 Place of employment means any enclosed area under the control of a public or private employer, 30 which employees normally frequent during the course of employment. A private residence is not 31 considered to be a place of employment for the purpose of this section, nor is a motor vehicle of the 32 employer used by employees in the course of employment. 33 Public conveyance means any taxicab, mass transit vehicle or school bus, or any vehicle offered to 34 passengers for a fee. 35 Public meeting includes any meeting or assembly held in any room, auditorium or chamber wherein 36 public, civic or governmental business is conducted and which is open to the public either as

Proposed Ordinance #2016-22 - Chapter 54 - Health and Sanitation, Article I - In General, Section 54-4 - Smoking Regulations and Appendix F - Fees and Fines Page 2 37 participants or spectators. 38 Public place includes any enclosed area to which the public is invited or in which the public is 39 permitted, including, but not limited to, banks; educational facilities; health care facilities; day care 40 centers, retirement homes, rest or nursing centers; property owned, occupied or operated by the city 41 or any agency thereof; public transportation facilities; lobbies and reception areas, but not including 42 the offices or work areas not entered by the public in the normal course of business or use of the 43 premises. A private residence is not a public place, but the lobby or common area of a multifamily 44 dwelling is a public place. 45 Restaurant means any establishment which is regularly used and kept open principally for the 46 purpose of serving complete meals to persons for a consideration and which has seating at tables for 47 35 or more persons, and suitable kitchen facilities connected therewith for cooking an assortment 48 of foods under the charge of a chef or cook. The service of only such food and victuals as sandwiches 49 or salads shall not be deemed to be the service of meals. Any such establishment shall be duly 50 licensed as a restaurant by the city and state. 51 Retail store means any establishment, the primary purpose of which is to sell or offer for sale to 52 consumers, not for resale, any goods, wares, merchandise, articles or food for consumption off the 53 premises. 54 Secondhand smoke means the smoke to which a person may be involuntarily exposed, either through 55 a smoker exhaling the smoke of or from a tobacco product, or through the lighting or burning of any 56 tobacco product. 57 Smoking includes the lighting, burning, holding or carrying of, or emitting, or inhaling, or exhaling 58 the smoke of, a pipe, cigar or cigarette of any kind or any form of lighted object or device which 59 contains tobacco. 60 Sports arena means any indoor facility primarily used for sports, cultural or similar events. 61 Taproom means any establishment which is regulated and licensed as such by the state pursuant to 62 the Delaware Alcoholic Beverage Control Act (4 Del. C. § 101 et seq.), and which is provided with 63 special space and accommodations and operated primarily for the sale by the glass for consumption 64 on the premises of alcoholic beverages with the sale of food as a secondary object, as distinguished 65 from a restaurant where the sale of food is the primary object. 66 Tavern means any business selling spirits, wine or beer by the glass at retail for consumption on the 67 premises, and which is duly licensed and regulated as such pursuant to the Delaware Alcoholic 68 Beverage Control Act, and in which the sale of food is a secondary object, as distinguished from a 69 restaurant where the sale of food is the primary object. 70 Theater means any indoor facility primarily used for the exhibition of any motion picture, stage 71 drama, musical recital, dance, lecture or other similar performance. 72 (c) Prohibitions. Smoking is unlawful on all city-owned property and in "public places" as such term 73 is defined in subsection (b) of this section, and in the following public places during the hours in

Proposed Ordinance #2016-22 - Chapter 54 - Health and Sanitation, Article I - In General, Section 54-4 - Smoking Regulations and Appendix F - Fees and Fines Page 3 74 which they are open to the public: 75 (1) Art galleries, libraries, museums and similar cultural facilities; 76 (2) Classrooms and lecture halls; 77 (3) Restaurants; 78 (4) Elevators; 79 (5) Health care facilities; 80 (6) Public conveyances; 81 (7) Public meetings; 82 (8) Retail stores, other than retail tobacco stores, the primary activity of which is the sale or 83 promotion of tobacco and tobacco products and accessories; provided, however, that 84 smoking may be permitted in those areas of enclosed shopping centers or malls that are 85 external to the retail stores and are used by customers as a route of travel from one store to 86 another and consist primarily of walkways and seating arrangements; and further provided 87 that where smoking is permitted, the proprietor shall post a sign to that effect; 88 (9) Theaters and indoor sports arenas; 89 (10) Restrooms located in "public places" as such term is defined in subsection (b) of this section, 90 and in the facilities listed in subsections (c)(1), (c)(2), (c)(5), (c)(6), (c)(8), and (c)(9) of this 91 section; and 92 (11) Places of employment not exempted in 16 Del. C. § 2904. 93 (d) Violations; penalties; appeals. 94 (1) Violations. The following acts constitute violations of this section: 95 a. Smoking on city-owned property or in a posted nonsmoking area; 96 b. Failure to post a "No Smoking" sign as required by this section; 97 c. Failure to inform any person who violates this section, when such duty to inform arises 98 as set forth in subsection (f) of this section; 99 d. Willful destruction or defacement of a sign posted as required by this section; 100 e. Failure to adopt a smoking policy as set forth in subsection (f) of this section. 101 (2) Penalties. Anyone who violates any provision of this section shall be liable for a fine as 102 provided for in Appendix F-Fees and Fines. Each day such violation continues, shall 103 constitute a separate offense. Fines not paid within 14 days of the day the fine was issued, 104 including the day the fine was issued, shall be automatically doubled in amount. 105 (3) Appeals. In the event that the enforcement of this section causes undue and extraordinary 106 financial hardship peculiar to any person, then that person shall have the right to appeal this 107 hardship to the council by written request directed to the city clerk. In considering the 108 appeal, the council shall have the power to alter the terms and conditions of this section to 109 meet any peculiar and extraordinary hardship proven by the person as long as such alteration 110 or relief does not detract from the purpose and intent of this section. 111 (e) Signs. The owner or other person having the authority to manage and control any area designated 112 as a no-smoking area pursuant to this section shall post, or cause to be posted, and prominently 113 display, and shall maintain, no-smoking signs in conspicuous locations within such areas. Such signs 114 shall clearly and conspicuously recite the phrase "No Smoking" and/or use the international

Proposed Ordinance #2016-22 - Chapter 54 - Health and Sanitation, Article I - In General, Section 54-4 - Smoking Regulations and Appendix F - Fees and Fines Page 4 115 no-smoking symbol and shall cite "Section 54-4 of the city Code." Signs shall be of sufficient 116 number and prominent location to convey the message clearly and legibly to a person of reasonable 117 sensibilities. Signs shall be at least one square foot in size, shall be affixed to the structure of the 118 building and/or shall be so distributed that from any point in the no-smoking area at least one such 119 sign is visible. A combination of fixed or pedestal type signs may be used. 120 (f) Places of employment. 121 (1) Written smoking policy. Every employer of 25 or more employees at any one location in the 122 city, if exempted in 16 Del. C. § 2904, shall adopt, implement and maintain a written 123 smoking policy which shall contain, at a minimum, the following provisions: 124 a. Accommodate preferences. A statement providing that the employer shall attempt to 125 reach a reasonable accommodation, insofar as possible, between the preferences of 126 smoking and nonsmoking employees; provided, however, that the employers are not 127 required to incur any expense to make structural or physical modifications to 128 accommodate individual preferences; however, if a satisfactory accommodation cannot 129 be reached, the preferences of nonsmoking employees shall prevail; 130 b. Offices. Smoking may be permitted in private, enclosed offices, even though such offices 131 may be visited in the normal course of business by nonsmoking employees; 132 c. Common use. Prohibition of smoking in auditoriums, classrooms, elevators, medical 133 facilities, conference rooms and rooms containing photocopying or other office 134 equipment used in common by employees; 135 d. Cafeterias, lunchrooms, and lounges. Designation of some portion of the seating capacity 136 of cafeterias, lunchrooms and employee lounges as no-smoking areas; provided, 137 however, that if there are two or more lounges available for employee use, one entire 138 lounge may be designated as a smoking area; 139 e. Disputes. A procedure to resolve employee disputes and objections arising under the 140 smoking policy; and 141 f. Retaliation. A statement providing that the employer will not retaliate or take any adverse 142 personnel action against any employee exercising his rights granted under the smoking 143 policy. 144 (2) Copies of policy to be provided to employees. Employers shall supply a written copy of the 145 smoking policy to all current employees within 30 days of the date of adoption of such policy 146 and shall supply copies of it to all future employees at the time of their entry into 147 employment. 148 (3) Posting of policy. Employers shall post the smoking policy conspicuously in the place of 149 employment. 150 (g) Enforcement.

Proposed Ordinance #2016-22 - Chapter 54 - Health and Sanitation, Article I - In General, Section 54-4 - Smoking Regulations and Appendix F - Fees and Fines Page 5 151 (1) Authority to restrict in employment and public areas. The owner, proprietor, manager, or 152 other person having the authority to manage and control any public place or place of 153 employment, or a designated agent of such owner or manager, shall inform persons smoking 154 in restricted areas of such places in order to warn them that they are in violation of the law. 155 Any person may file a complaint with the licensing division of the department of planning 156 and inspections or with the police department, alleging a violation of any provision of this 157 section. 158 (2) Procedures. Upon complaint to the licensing division of the department of planning and 159 inspections or the police department, each department shall have concurrent jurisdiction to 160 enforce the provisions of this section by any of the following actions: 161 a. Notice. Serving notice requiring the prompt correction by the owner, proprietor, manager 162 or other person having the authority to manage and control any public place or place of 163 employment of any violation of this section; 164 b. Legal action. Advising the city solicitor of violations of this section in order to maintain 165 an action at law or in equity to enforce the provisions of this section, recover the fines 166 and costs of prosecution, or prevent, enjoin, abate or remove or otherwise cause the 167 correction of any such violation of the provisions of this section; 168 c. Summons. Issue to any person a citation or summons to appear in the justices of the 169 peace court to answer to a charge of any violation of this section. 170 (h) Miscellaneous provisions. 171 (1) Other prohibitions. Nothing in this section shall be construed to permit smoking where it is 172 otherwise prohibited by law or regulation. 173 (2) Authority of owner. Nothing in this section shall be construed to preclude any owner or other 174 person having the authority to manage and control any public place or place of employment 175 from prohibiting smoking to a greater extent than is provided by this section. 176 (3) Fire safety. Nothing in this section shall be construed to permit or authorize, or be permitted 177 to result in a fire safety hazard or violation, as may be determined by the fire marshal, by 178 anyone in attempting to comply with the provisions of this section. 179 (Code 1981, § 14-15; Ord. of 4-8-1991; Ord. of 4-12-1993; Ord. of 9-22-2003; Ord. No. 2009-09, 180 6-22-2009) 181 State Law reference- Clean Indoor Air Act, 16 Del. C. § 2901 et seq.

Proposed Ordinance #2016-22 - Chapter 54 - Health and Sanitation, Article I - In General, Section 54-4 - Smoking Regulations and Appendix F - Fees and Fines Page 6 182 BE IT FURTHER ORDAINED: 183 That Appendix F - Fees and Fines, Chapter 54 - Health and Sanitation, Article I - In General, Section 54-4 - 184 Smoking Regulations, Subsection (d) - Violations; Penalties; Appeals, Subsection (2) - Penalties of the 185 Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as 186 follows: 187 Chapter 54. - Health and Sanitation 188 Chapter 54. Health Fees and Fines 189 and Sanitation 190 Article I. In General 191 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, 192 shall be automatically doubled in amount. 193 Sec. 54-4. Smoking 194 regulations 195 Subsec. (d) 196 Violations; penalties; 197 appeals 198 Subsec. (2) Not to exceed $25.00; each day such violation continues shall constitute a 199 Penalties separate offense 200 Article II. Food and Food Handlers 201 Sec. 54-52. Fee 202 Subsec. (a) Type of 203 establishment 204 Mobile food units $50.00 205 Push carts $25.00 206 For-profit 207 temporary eating $25.00 208 places 209 Membership clubs $50.00 210 Institutions $100.00 211 Subsec. (b) 212 Services provided 213 Breakfast service $15.00 214 Lunch service $18.00 215 Dinner service $18.00 216 Salad bar service $15.00 217 Hot and cold 218 buffet, including $40.00 219 salad bar service 220 Drive through $75.00 221 service 222 Delivery service $20.00 223 Catering service $15.00 224 Takeout service $20.00 225 Seating service:

Proposed Ordinance #2016-22 - Chapter 54 - Health and Sanitation, Article I - In General, Section 54-4 - Smoking Regulations and Appendix F - Fees and Fines Page 7 226 100—150 $50.00 227 151—200 $75.00 228 201 or more $100.00 229 Article V. Rat Control 230 Unless specifically provided otherwise, or the context thereof so dictates, each day any violation 231 of any provision of this Code or any ordinance shall continue shall constitute a separate offense. 232 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, 233 shall be automatically doubled in amount. Unless the work and improvements have been completed by the owner in 234 Sec. 54-155. the time specified in the written notice, which in no event shall be more than 235 Compliance with 15 days, or within the time to which a written extension may have been 236 notice to ratproof granted by the health inspector, then the owner shall be punished by a fine of not less than $25.00, nor more than $1,000.00 237 Sec. 54-156. Unless eradication measures are undertaken within five days after receipt of 238 Compliance with the notice, the owner or occupant shall be punished by a fine of not less than 239 notice to eradicate $25.00, nor more than $1,000.00 240 rats 241 242 ADOPTED: * 243 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-22 CH 54 - HEALTH & SANITATION, ART I - IN GEN, SEC 54-4 - SMOKING REGULATIONS\ORDINANCE #2016-22 CH 54 - HEALTH & 244 SANITATION, ART I - IN GEN, SEC. 54-4 - SMOKING REGULATIONS.wpd 245 SYNOPSIS 246 The proposed ordinance would implement a smoke-free policy on all City-owned property. 247 248 Actions History 249 10/25/2016 - Scheduled for Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee 250 10/11/2016 - Deferred by Council Committee of the Whole/Legislative, Finance, and Administration Committee

TITLE 16 - CHAPTER 29. CLEAN INDOOR AIR ACT Page 1 of 5 TITLE 16 Health and Safety Regulatory Provisions Concerning Public Health CHAPTER 29. CLEAN INDOOR AIR ACT § 2901 Legislative intent. The General Assembly finds that it is in the best interest of the people of this State to protect nonsmokers from involuntary exposure to environmental tobacco smoke and emissions produced by electronic smoking devices in most indoor areas open to the public, public meetings, foods service establishments and places of employment. The General Assembly recognizes that a balance should be struck between the health concerns of nonconsumers of tobacco products and the need to minimize unwarranted governmental intrusion into and regulation of private spheres of conduct and choice with respect to the use or nonuse of tobacco products in certain designated public areas and in private places. Therefore, the General Assembly declares that the purpose of this act is to preserve and improve the health, comfort and environment of the people of this State by limiting exposure to tobacco smoke and emissions produced by electronic smoking devices. 69 Del. Laws, c. 287, § 1; 80 Del. Laws, c. 81, § 1.; § 2902 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: (1) "Auditorium'' means the part of a public building where an audience sits and any corridors, hallways or lobbies adjacent thereto. (2) "Bar'' means any indoor area open to the public operated primarily for the sale and service of alcoholic beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages. An establishment which has been licensed by the Delaware Alcoholic Beverage Control Commission as a "taproom or tavern'' as that term is defined in Title 4 shall be considered a "bar'' for purposes of the application of the provisions of this chapter. (3) "Electronic smoking device'' means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. http://delcode.delaware.gov/title16/c029/index.shtml 9/26/2016

TITLE 16 - CHAPTER 29. CLEAN INDOOR AIR ACT Page 2 of 5 (4) "Employer'' means any person, partnership, association, corporation or nonprofit entity that employs 1 or more persons, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. (5) "Environmental tobacco smoke'' (ETS) or "secondhand smoke'' is the complex mixture formed from the escaping smoke of a burning tobacco product (termed as "sidestream smoke'') and smoke exhaled by the smoker. Exposure to ETS is also frequently referred to as "passive smoking'' or "involuntary smoking.'' (6) "Food service establishment'' means any indoor area open to the public or portion thereof in which the principal business is the sale of food for on-premises consumption including, but not limited to, restaurants, cafeterias, coffee shops, diners, sandwich shops or short order cafes. A food service establishment shall not include the bar area of such establishment. An establishment which has been licensed by the Delaware Alcoholic Beverage Control Commission as a "restaurant'' as that term is defined in Title 4 shall be considered a "food service establishment'' for purposes of the application of the provisions of this chapter. (7) "Indoor area open to the public'' means any indoor area or portion thereof generally accessible to the public. (8) "Place of employment'' means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services but that is not generally accessible to the public. (9) "Public building'' means any building owned or operated by the State, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. (10) "Public meeting'' means all meetings open to the public pursuant to the laws of Delaware and its political subdivisions. (11) "Smoke-free work area'' means an indoor area in a place of employment where no smoking occurs. (12) "Smoking'' means: a. The burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco; or b. The use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form. (13) "Tobacco business'' means a sole proprietorship, corporation, partnership or other enterprise engaged primarily in the sale, manufacture or promotion of tobacco, tobacco products and accessories either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental. (14) "Vapor establishment'' means a business that: http://delcode.delaware.gov/title16/c029/index.shtml 9/26/2016

TITLE 16 - CHAPTER 29. CLEAN INDOOR AIR ACT Page 3 of 5 a. Generates at least 80% of its revenue from the sale of electronic smoking devices and substances for use within electronic smoking devices; and b. Does not share indoor common space with other businesses unless there are doors from the vapor establishment to the indoor common space that remain closed other than for ingress and egress. (15) "Work area'' means an area in a place of employment where 1 or more employees are routinely assigned and perform services for their employer. 69 Del. Laws, c. 287, § 1; 73 Del. Laws, c. 275, §§ 1, 2, 3, 4, 5, 6; 80 Del. Laws, c. 81, § 2.; § 2903 Smoking restrictions. Except as is provided in § 2904 of this title, and in order to reduce the levels of exposure to environmental tobacco smoke and emissions produced by electronic smoking devices, smoking shall not be permitted and no person shall smoke in any indoor enclosed area to which the general public is invited or in which the general public is permitted, including, but not limited to: (1) Public meetings; (2) Elevators; (3) Government owned and/or operated means of mass transportation including buses, vans, trains, taxicabs and limousines; (4) Grocery stores; (5) Gymnasiums; (6) Jury waiting and deliberation rooms; (7) Courtrooms; (8) Child day care facilities; (9) Health-care facilities including hospitals, health care clinics, doctor's offices or other health- care-related facilities; (10) Any workplace not exempted; (11) Restrooms, lobbies, reception areas, hallways and other common-use areas; (12) Restaurants as licensed by the Division of Public Health or defined by Title 4; (13) Gaming facilities that are open to the public; (14) Any indoor sports arena; (15) Lobbies, hallways and other common areas in apartment buildings, condominiums and other multiple-unit residential facilities; (16) Lobbies, hallways and other common areas in hotels and motels, and in no less than 75% of the sleeping quarters within a hotel or motel that are rented to guests; (17) Bowling alleys; (18) Billiard or pool halls; (19) Retirement facilities and nursing homes not including any private residence; http://delcode.delaware.gov/title16/c029/index.shtml 9/26/2016

TITLE 16 - CHAPTER 29. CLEAN INDOOR AIR ACT Page 4 of 5 (20) Public buildings; (21) Auditoria; (22) Theaters; (23) Museums; (24) Libraries; (25) Public and nonpublic schools; (26) Other educational and vocational institutions. (27) Establishments defined as a motorsports speedway, tavern or taproom by Title 4. 69 Del. Laws, c. 287, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 316, § 1; 73 Del. Laws, c. 275, § 7; 80 Del. Laws, c. 81, § 3.; § 2904 Smoking restrictions inapplicable. This chapter shall not apply to: (1) Private homes, private residences and private automobiles; provided, however, it shall only apply when such homes, residences or vehicles are being used for child care or day care or when the private vehicle is being used for the public transportation of children or as part of health care or day care transportation; (2) Any indoor area where private social functions are being held when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager or person in charge of such indoor area; (3) Limousines under private hire; (4) A hotel or motel room rented to 1 or more guests; provided that the total percentage of such hotel or motel rooms does not exceed 25%; (5) Any fund raising activity or function sponsored by a volunteer fire company, auxiliary of a fire company, or a volunteer ambulance or volunteer rescue company; provided, however, that the fund raising activity or function takes place upon property owned or leased by the volunteer fire, rescue or ambulance company; and (6) Any fund raising activity or function sponsored by a fraternal benefit society as defined by § 6201 of Title 18; provided, however, that the fund raising activity or function takes place upon property owned or leased by said organization. 69 Del. Laws, c. 287, § 1; 73 Del. Laws, c. 275, § 8.; § 2905 Posting of signs. "Warning: Smoking Permitted'' signs shall be prominently posted and properly maintained where smoking is permitted pursuant to § 2904(2) and (4) of this title. Such signs shall be posted and maintained by the owner, operator, manager or other person having control of such area. The letters on such signs shall be at least 1 inch in height. 69 Del. Laws, c. 287, § 1; 73 Del. Laws, c. 275, § 9.; § 2906 Implementation; rules and regulations. http://delcode.delaware.gov/title16/c029/index.shtml 9/26/2016

TITLE 16 - CHAPTER 29. CLEAN INDOOR AIR ACT Page 5 of 5 (a) The Department of Labor shall adopt rules and regulations as are necessary and reasonable to implement the provisions of this chapter as they apply to employers, employees, places of employment and the work place. (b) The Department of Health and Social Services shall adopt rules and regulations as are necessary and reasonable to implement remaining provisions of this chapter not affecting employers, employees and the work place. (c) The Department of Health and Social Services and the Department of Labor may upon request waive the provisions of this chapter if they determine there are compelling reasons to do so, and such waiver will not significantly affect the health and comfort of nonconsumers of tobacco products. (d) The Department of Health and Social Services and the Department of Labor shall file annual reports by January 15 to the General Assembly outlining their enforcement efforts for the prior year and the results of those efforts. The first report shall be due 1 year after the effective date of the legislation. 69 Del. Laws, c. 287, § 1; 73 Del. Laws, c. 275, § 10.; § 2907 Administrative penalties. (a) Any person who violates any provision of this chapter or any rule or regulation promulgated pursuant thereto shall be subject to an administrative penalty of $100 for a first violation and not less than $250 for each subsequent violation. (b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department of Labor pursuant to this chapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or testified or is about to testify in any such proceedings, shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $2,000 nor more than $10,000 for each violation. 69 Del. Laws, c. 287, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 460, § 4; 73 Del. Laws, c. 275, §§ 11, 12.; § 2908 Vapor establishments. (a) Vapor establishments are permitted to have emissions produced by electronic smoking devices within their places of business. (b) Any vapor establishment permitted to have emissions produced by electronic smoking devices in such vapor establishment pursuant to this section, and which permits such emissions, shall prohibit anyone under the age of 18 from entering and shall display a sign at all entrances stating that no one under the age of 18 is allowed in such vapor establishment. 80 Del. Laws, c. 81, § 5.; http://delcode.delaware.gov/title16/c029/index.shtml 9/26/2016

..----· . CITY OF DOVER SMOKING POLICY I. Purpose In ~esponse to the growing medical and scientific evidence of the detrimental effects of smoking on personal health and work performance, in recognition of the strong desire of City employees to work in a smoke-free environment and in response to public law, specifically Section 14-15 of the City Code relating to smoking regulations, the City of Dover, in a positive effc=t to provide a healthy and safe work environment for all c: its employees, establishes this smoking policy. II. Policy Effective June 1, 1991, smoking will be prohibited in all city- owned or operated facilities or in any portion of any facility leased or occupied by the City except in designated smoking areas established pursuant to this policy. III. Non-Smoking Employee Rights This policy is an attempt to reach reasonable accommodations, as far as possible, between the preferences of s~oking and non- smoking employees. Howeve.r, if a satisfactory accommodation ca.nnut be l"t::ached, t.he pr2ferences of non-smoking employees shall prevail. IV. Conflict Resolution Employee disputes and objections arising out of the smoking policy shall be resolved by means of the City of Dover grievance procedure as outlined in the Employee Handbook. V. Protection The City of Dover will not retaliate or take any adverse personnel action against any employee exercising his or her rights granted under this smoking policy. VI. Procedure A. No smoking will be permitted in any city-c~ned or occupied building or facility except in the designated areas. The following have been designated as smoking areas for City of Lover employees. These designated areas will be reviewed in six months.

1. Electric Administration Bu _ding--No smoking is all owed in the Electric Adminis~rat on Building except in the Dispatch Center on weekdays between 5:00 p.m. - 7 :00 a.m. and on weekends from 5:00 p.m. Friday - 7:00 a.m. Monday provided, however, that should a non-s~oking employee be assigned to the Dispatch Center duri~g the allowable smoking hours, then no smoking sha l l be allowed in the Dispatch Center. Such assi~nment includes employees called in to work during times of emergencies. 4. Electric Power Plant--A designated smoking area pai:.ted on the second floor in the open Plant area adjacen~ to the windows enclosing the Control Room. 5. Any building not listed above does not have a designated smoking area. B. Smoking will not be permitted in any city vehicle when t~ere is a non-smoker present. C. The sale of cigarettes will be prohibited on city property whether or not enclosed. D. Employees cannot authorize exceptions to A-C. VII. Enforcement All employees are expected to obey the policy as outlined herein. Employees who violate the policy shall be appropriately counseled. Repeated violations shall be cause for disciplinary action in acc~dance with the City of Dover Personnel Policy. VIII. Education In a positive effort to assist employees in complying with Lhis policy, the City of Dover will offer smoking cessation classes. A. Smoking cessation classes will be made available to all employees & spouses upon the implementation of this pol.:...cy, and annually thereafter. IX. Incentives A. Incentive awards will be given to any employee who provides proof that he/she has quit smoking: 1. cold turkey for 90 days; 2. for a consecutive 6 month period; 3. for a consecutive one year period.

State of Delaware Tobacco-Free Workplace Policy The State of Delaware is dedicated to providing a healthy and productive work environment for employees, clients, visitors, and contractors. The goal of the Tobacco-Free Workplace Policy is to improve the health of employees and Delaware citizens by promoting tobacco use cessation. Tobacco use remains the number one underlying cause of premature death and disability in Delaware and the nation. In Delaware, about 1,200 deaths each year result from cigarette smoking with more than 440,000 deaths from smoking-related illnesses in the United States, according to the U.S. Centers for Disease Control and Prevention. Smoking can cause several types of cancer, heart disease, stroke and lung diseases. These diseases are the leading killers in the United States. Use of smokeless tobacco, cigars, pipes and other tobacco products also lead to disease and death. On average, direct medical expenses and lost productivity resulting from tobacco related diseases and death total a staggering $722.8 million a year in Delaware. Tobacco- Free Policy The use of tobacco products is prohibited within the boundaries of all state workplaces including all buildings, facilities, indoor and outdoor spaces and the surrounding grounds owned by the State. This policy applies to parking lots, walkways, State vehicles and private vehicles parked or operated on State workplace property. This policy does not include public roads or sidewalks. For the purposes of this policy, tobacco is defined as any type of tobacco product including, but not limited to: cigarettes, cigars, cigarillos, electronic cigarettes, pipes, bidis, hookahs, smokeless, spit tobacco or snuff. The success of this policy will depend on the courtesy and cooperation of both tobacco users and nonusers. Everyone is responsible for respectfully following and helping to enforce the policy. Violations of this policy may be subject to discipline, up to and including dismissal, based on the standards set forth in the Merit Rules, collective bargaining agreements, or other applicable laws or policies.

Effective Date The policy requires State of Delaware workplaces to be tobacco free by January 1, 2013. Tobacco Use Cessation Programs The State of Delaware is committed to providing support to all employees who wish to stop using tobacco products and ensuring to the extent possible that employees have access to a variety of resources and assistance, including group counseling and for employees enrolled in a State of Delaware Group Health Plan, no charge tobacco cessation prescription medications, health coaching, and more through the DelaWELL Health Management Program at https://delawell.alerehealth.com or 1-866-674-9103. Clients, visitors, and contractors are encouraged to contact the Delaware Quitline for tobacco cessation information at 1-866-409-1858 Delaware tobacco use statistics available at Center for Disease Control. Available: http://www.cdc.gov/tobacco/data_statistics/index.htm (May 10, 2012) This policy is not intended to create any individual right or cause of action not already existing and recognized under state or federal law. December 6, 2012

ACTION FORM MEETING DATE: 10/25/16 PROCEEDING: Council Committee of the Whole/Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk, on Behalf of Councilman Hutchison DATE SUBMITTED: 09/21/2016 SUBJECT: Proposed Charter Amendments - Removal of Annual Appointment Requirement for the City Assessor, Controller/Treasurer, City Solicitor, and Deputy City Solicitor; Gender Language Amendments; Administrative Amendments; and Typographical Corrections RELATED PROJECT: Proposed Ordinance #2016-21 removing the annual appointment requirement for the City Clerk, Building Inspector, and Fire Marshal. Subsequent proposed ordinance amending Chapter 2 - Administration, Article IV - Officers and Employees, Division 4 - Controller/Treasurer, Section 2-261 - Appointment. APPROVALS: City Council/General Assembly EXHIBITS: City of Dover - Proposed Charter Amendments in Full Context (10/25/2016) EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Charter Amendments will require adoption of a Resolution requesting the General Assembly to approve the amendments. The Resolution will be presented to City Council on 11/14/16 and, upon adoption, the amendments will be forwarded to local legislators for submission. RECOMMENDED ACTION: Approval of the proposed amendments to the City of Dover Charter and adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the Charter. BACKGROUND AND ANALYSIS At the request of Councilman Hutchison, staff prepared proposed Charter amendments to remove the annual appointment requirement for the City Assessor, Controller/Treasurer, City Solicitor, and Deputy City Solicitor. Additional corrections were made to section headings, gender language, and typographical errors and transitional language is being proposed for deletion. Additionally, proposed ordinance amendments are being considered to remove the annual appointment requirement for the City Clerk, Building Inspector, and Fire Marshal. S:\CAFS\AMENDMENTS-CHARTER\Charter Amendment - Removal of Annual Appointment Requirements-Gender Language-Corrections - CAF 10-25-2016 CCW-LF&A.wpd

CITY OF DOVER - PROPOSED CHARTER AMENDMENTS IN FULL CONTEXT INTRODUCED AT 10/25/2016 CCW/LF&A MEETING 1 PREAMBLE 2 We the people of the City of Dover, under the constitution and laws of the state of Delaware, in order to 3 secure the benefits of local self government and to provide for an honest and accountable council manager 4 government do hereby adopt this charter and confer upon the city the following powers, subject to the 5 following restrictions, and prescribed by the following procedures and governmental structure. By this 6 action, we secure the benefits of home rule and affirm the values of representative democracy, professional 7 management, strong political leadership, citizen participation, and regional cooperation. 77 Del. Laws, c. 8 130, § 1 9 ARTICLE I. POWERS OF THE CITY 10 Section Sec. 1.01. Powers of the City. 11 In addition to the powers specifically enumerated by statutes in Title 22 of the Delaware Code and 12 elsewhere, the City of Dover shall assume and have all powers which under the Constitution of the State it 13 would be competent for the General Assembly to grant by specific enumeration, and which are not denied 14 by statute. 77 Del. Laws, c. 130, § 2 15 Section Sec. 1.02. Construction. 16 The powers of the city under this charter shall be construed liberally in favor of the city, and the specific 17 mention of particular powers in the charter shall not be construed as limiting in any way the general power 18 granted in this article. 77 Del. Laws, c. 130, § 2 19 Section Sec. 1.03. Intergovernmental Relations. 20 The city may participate by contract or otherwise with any governmental entity of this state or of the United 21 States in the performance of any activity which one or more of such entities has the authority to undertake. 22 77 Del. Laws, c. 130, § 2 23 Section Sec. 1.04. Municipal corporation continued; boundaries. 24 The municipal corporation of the State of Delaware, known as "the City of Dover" shall continue to be a 25 body politic and corporate. The boundaries of the City of Dover are hereby established and declared as 26 recorded on the official map of record in the Recorder of Deeds Office in and for Kent County and State of 27 Delaware as presently existing and as hereinafter amended. 77 Del. Laws, c. 130, § 2 28 Section Sec. 1.05. Procedure to extend boundaries. 29 The City may, from time to time, extend its boundaries in accordance with Title 22, Chapter 1, Section 101 30 (22 Del. C. § 101) through the following annexation processes: 31 (1) In the case where annexation is petitioned by all owners of all property considered for 32 annexation, no election shall be required.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 2 33 For an annexation petition not requiring an election, such petition shall be processed in accordance 34 with procedures established for amendments to the zoning map, specified in Dover Code, Appendix 35 B - Zoning. All annexation petitions shall be processed concurrently with the rezoning of the 36 property considered for annexation and shall be subject to public hearing before City Council. Public 37 notice shall be completed in accordance with the provisions of the Dover Code relating to 38 amendment of the zoning map. 39 (2) In the case where annexation is not petitioned by all owners of all property considered for 40 annexation, such annexation shall be subject to an election, as follows: 41 (a) In order to extend the boundaries of The City of Dover the council shall adopt a 42 resolution proposing the inclusion of all property considered for annexation within 43 the limits of The City of Dover and calling for a special election to be held not less 44 than thirty (30) nor more than sixty (60) days after the adoption of the resolution, in 45 accordance with Title 22, Chapter 1, Section 101, Delaware Code. The resolution 46 shall contain a description of all property considered for annexation, the date of the 47 election, and the place or places of said election. The resolution shall be published 48 in at least two (2) issues of a newspaper of general circulation within the City of 49 Dover at least two (2) weeks prior to the day of said election. 50 (b) The annexation election shall be held by the city's election officers. Each owner of 51 the property considered for annexation shall be entitled to one (1) vote. Owners of 52 real estate in common shall be entitled to one (1) vote each. Life tenants shall be 53 entitled to one (1) vote each but the holders of the remainder interest or similar 54 interest subject to the life estate shall not be entitled to vote. Corporations, firms or 55 associations shall be entitled to one (1) vote, the same as private persons. 56 More than one (1) annexation election may be held on the same day; however, the elections shall be 57 separate. 58 The Council of the City of Dover shall provide the ballots and shall bear the cost of holding such 59 annexation elections. The ballots shall briefly indicate the property proposed for annexation and shall 60 provide two (2) boxes on the ballot beside which shall appear the words "FOR inclusion within The 61 City of Dover," and "AGAINST inclusion within The City of Dover." Each voter shall indicate their 62 preference by making a mark within the box beside the words expressing their preference. 63 For the annexation election, the polls shall open at 11:00 a.m. to and remain open until each eligible 64 voter has cast their vote or until 8:00 p.m., whichever occurs first. When the polls are closed the 65 election officers shall publicly count the votes and forthwith certify to the clerk of the council the 66 number of votes cast for and against inclusion within the city limits. At the next regular or special 67 meeting of the council the mayor and council shall receive the results of the election and make the 68 same a part of the minutes of said meeting. 69 If a majority of the votes cast in an annexation election are in favor of the inclusion of that property, 70 the council may thereupon adopt a resolution annexing said property and including same within the 71 limits of The City of Dover. Upon the adoption of a resolution of annexation a copy thereof certified 72 by the clerk of council and a plot of the area annexed shall be forthwith filed for record with the 73 Recorder of Deeds of Kent County, and the area so annexed shall for all purposes thenceforth be part

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 3 74 of The City of Dover. 75 If a majority of the votes cast in an annexation election shall be against the inclusion of that property 76 within the limits of The City of Dover, the proposed annexation of said property shall be declared 77 to have failed. Nothing in this Charter shall prohibit the council from resubmitting a proposal for 78 annexation to the eligible voters for said property, or any portion thereof, under the authority of this 79 section and in accordance with the provisions thereof. 77 Del. Laws, c. 130, § 2; 79 Del. Laws, c. 80 106, § 1; 81 Sec. 2. Status, general corporate powers, specific provisions for condemnation of property. 82 The inhabitants of the City of Dover within the boundaries defined in Section 1.04 of this Charter, or within 83 the boundaries hereafter established, shall continue to be a body politic and corporate, by the name of "The 84 City of Dover," and under that name shall have perpetual succession; may have and use a corporate seal; may 85 sue and be sued; may hold and acquire by purchase, gift, devise, lease or condemnation, real property and 86 personal property within or without its boundaries for any municipal purpose, in fee simple or lesser estate 87 or interest, and may sell, lease, hold, manage, and control such property as its interest may require; and shall 88 have all other powers and functions requisite or appropriate for the government of the city, its peace and 89 order, its sanitation, appearance and beauty, the health, safety, convenience, comfort and well-being of its 90 population, and the protection and preservation of property, public and private. 91 Whenever it shall be necessary for any municipal purpose to condemn any real property or personal property 92 under this Charter, except as is herein otherwise specifically provided, the Council must follow applicable 93 State Law. 77 Del. Laws, c. 130, § 3 94 Sec. 3. Employee pension, benefit and retirement systems authorized. 95 The City of Dover is hereby authorized, empowered and permitted to establish a system of pensions or 96 benefits through group insurance or otherwise as may be found proper and necessary, providing for life, 97 accident, health, hospitalization and death benefits, or any or either of them, for the regular employees of 98 the said "The City of Dover." The said "The City of Dover" is hereby authorized, empowered and permitted 99 to enter into an agreement or agreements with one or more insurance companies to provide a group insurance 100 plan or plans, as may be required or proper to carry out such system of pensions or benefits. The election 101 to exercise such authority on the part of the city shall be evidenced by an ordinance or resolution duly 102 adopted by the Council of The City of Dover as other ordinances or resolutions are adopted, and the same 103 shall be recorded in the official minutes of the said council. Such ordinance or resolution shall provide for 104 and establish a fund for the payment of the costs of such pension system or benefits by making 105 appropriations out of the treasury of the said "The City of Dover," or by requiring contributions payable from 106 time to time by the employees included in such plan or plans, or by a combination of both, or by any other 107 method not prohibited by law. The participation in any plan adopted shall be deemed to be mandatory by 108 the City of Dover and made a condition of employment and continuing employment. 109 The city council shall have power to enact ordinances for a pension or retirement system for the police of 110 the City of Dover, and to set aside a special fund for that purpose which fund shall be administered in 111 accordance with ordinances made and provided in that behalf and the laws of the State of Delaware. 112 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to 113 impose and collect a tax, to be paid by the transferor or transferee as determined by council, upon the

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 4 114 transfer of real property within the city not to exceed one and a half percent (1.5%) or as amended 115 by State law of the value of the real property as represented by the document transferring the 116 property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware 117 Code shall apply with respect to any realty transfer tax imposed by the City of Dover pursuant to the 118 authority granted herein. The Council of the City of Dover may adopt an ordinance or ordinances to 119 provide for the effective administration and regulation of any tax adopted pursuant to the authority 120 conferred herein. If the taxing power and authority granted herein shall be exercised by way of a 121 stamp affixed to a document, the recorder of deeds in and for Kent County shall not receive for record 122 documents subject to said tax unless stamps provided by the City of Dover are affixed thereto showing 123 payment of the tax. 77 Del. Laws, c. 130, § 4 124 (Move to Section 49B - Realty Transfer Tax) 125 ARTICLE II. MAYOR AND COUNCIL 126 Section Sec. 4. General Powers and Duties. 127 All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter, 128 and the council shall provide for the exercise thereof and for the performance of all duties and obligations 129 imposed on the city by law. 77 Del. Laws, c. 130, § 5 130 Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen council members; 131 qualifications. 132 The council shall be the legislative body of the city and composed of nine (9) members nominated and 133 elected as herein provided. 134 The city shall be divided into four (4) election districts, the boundaries of which shall be established by 135 council so that they are nearly equal in population based on the latest federal decennial census information. 136 The district boundaries established for municipal elections shall be used for the next regular municipal 137 election and shall continue in effect until the next succeeding federal decennial census is made available for 138 use by municipalities in the State of Delaware. 139 At the regular municipal election held in April of 2012, the mayor shall be elected at-large. The term 140 of mayor elected at the April 2012 regular municipal election shall be for a period of three years, 141 commencing on the second Monday in May following his/her election and continuing for a term of 142 three years until the second Monday in May 2015, or until his/her successor has been duly elected and 143 qualified. 144 Thereafter, Commencing with the regular municipal election to be held in April of 2015, the The term 145 of mayor shall be for a period of four years commencing on the second Monday in May following his/her 146 election and continuing for a term of four years until the second Monday in May, or until his/her successor 147 has been duly elected and qualified. 148 At the regular municipal election held in April of 2012, four councilmen shall be elected by district 149 voting from each of the districts of the city. The term of the councilmen elected at the April 2012 150 regular municipal election shall be for three years, commencing on the second Monday in May 151 following their election and continuing for a term of three years until the second Monday in May 152 2015, or until their successors have been duly elected and qualified.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 5 153 At the Regular Municipal Election Held in April of 2013, Five Councilmen Shall Be Elected, Four by 154 District Voting Being from the Districts and One At-large. The Term of the Councilmen Elected at 155 the April 2013 Regular Municipal Election Shall Be for a Period of Four Years, Commencing on the 156 Second Monday in May Following Their Election and Continuing for a Period of Four Years until 157 the Second Monday in May, or until Their Successors Have Been Duly Elected and Qualified. 158 Thereafter, commencing with the regular municipal election to be held in April of 2013, the The terms 159 of the councilmen council members shall be for a period of four years, commencing on the second Monday 160 in May following their election and continuing for a term of four years until the second Monday in May, or 161 until their successors have been duly elected and qualified. The mayor and at-large councilman council 162 member shall be elected at alternating biennial regular municipal elections. 163 In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of 164 the election be: 165 (1) A citizen of the United States and of the State of Delaware; 166 (2) A resident of the city and having continuously resided therein or in an area annexed to the city during 167 the two (2) years immediately preceding the day of the election; 168 (3) A resident of the election district from which they are seeking election, unless they are seeking 169 election as an at-large councilman council member or mayor; 170 (4) Eighteen (18) years of age or older; and 171 (5) Nominated therefore, as hereinafter provided. 172 Holding Other Office. Except where authorized by law, no council members shall hold any other elected 173 public office, city office, or city employment during the term for which the member was elected to the 174 council. No former council members shall hold any compensated appointive office or employment with the 175 city until one year after the expiration of the term for which the member was elected to the council, unless 176 granted a waiver by the Board of Ethics (Ethics Commission). 77 Del. Laws, c. 130, § 6; 78 Del. Laws, c. 177 2, § 1; 78 Del. Laws, c. 213, § 1; 79 Del. Laws, c. 105, § 1; 178 Section Sec. 6. Municipal election; dates, time, and place of elections. 179 Regular municipal elections shall be held biennally biennially on the third Tuesday in April. All other 180 municipal elections that may be held shall be known as special municipal elections. At each such municipal 181 election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council may designate the places 182 of election and make all necessary rules and regulations not inconsistent with this Charter or with other laws 183 of the State of Delaware for the conduct of elections, for the prevention of fraud in elections, and for the 184 recount of ballots in case of doubt or fraud. At alternating biennial regular municipal elections held on the 185 third Tuesday in April, five councilmen council members shall be elected for a term of four years, four of 186 whom shall be elected by district voting from each of the districts as designated by council and one of whom 187 shall be elected by at large voting by all voters of the city, as provided in section 5 of this Charter. At the 188 next biennial regular municipal election held on the third Tuesday in April, four councilmen council 189 members shall be elected by district voting from each of the districts as designated by council for a term 190 of four years, and a mayor shall be elected by at large voting by all the voters of the city for a term of four

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 6 191 years, as provided in section 5 of this Charter. 77 Del. Laws, c. 130, § 7; 78 Del. Laws, c. 213, § 2; 192 Sec. 7. Nomination petitions for candidates for council and mayor. 193 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by not less 194 than ten (10) nor more than twenty-five (25) electors of the city, filed with the clerk of council on or before 195 4:30 p.m. on the second Friday of February bienially biennially for candidates for council and on or before 196 4:30 p.m. on the last working day in January bienially biennially for candidates for mayor in the years when 197 a mayor is to be elected. Should the second Friday of February fall on a legal holiday, the filing date shall 198 be 4:30 p.m. on the next working day thereafter which is not a legal holiday. 199 Whenever a petition nominating a person for the office of mayor or councilman council member shall have 200 been filed as above prescribed, the name of such person shall be printed on the ballot for the regular biennial 201 municipal election as a candidate for the office for which they were nominated, provided they possess the 202 qualifications prescribed by this Charter for a candidate for such office. 203 No nominating petition shall designate more than one person to be voted for as a member of council or as 204 mayor. 205 The signers of a nominating petition for a member of the council must be electors registered voters of the 206 city residing in the city election district in which the nominee resides; but the signers to the of a nominating 207 petition for the mayor and for the at-large councilman council member may be registered voters of the 208 city electors residing in the city at-large. 209 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the number 210 of signers and that each signature appended thereto was made in their presence, and is the genuine signature 211 of the person whose name it purports to be, and that all of said signers are entitled to vote at the regular 212 municipal election referred to; and, in the case of a petition nominating a candidate for councilman council 213 member running from a particular district and to be elected by district voting, that the circulator of the 214 petition verily believes that each signer of said petition is a resident of the same city election district in which 215 the nominee resides. 216 With each signature shall be stated the place of residence of the signer, giving the street and number or other 217 description sufficient to identify the same. The form of the nominating petition shall be substantially as 218 follows: 219 We, the undersigned, electors registered voters of The City of Dover, hereby nominate 220 ________________, who resides in the ________________ City District of the said City of Dover, for the 221 office of Councilman Council member (or for the office of Mayor as the case may be) to be voted for at 222 the regular municipal election to be held in the said City, on the ________ day of _________ in the year 223 ________; and we individually certify that we are qualified to vote for a candidate for the office named, and 224 that we have not signed any other nominating petition for that office, and that our places of residences are 225 truly stated after our signatures. 226 Name __________ 227 Street and Number address __________

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 7 228 (Space for Signatures) 229 STATE OF DELAWARE 230 KENT COUNTY 231 SS. 232 ________________ being duly sworn (or affirmed) deposes and says that they were the circulator of the 233 foregoing petition paper containing ________________ signatures, and that the signatures appended thereto 234 were made in his/her presence, and are the signatures of the persons whose names they purport to be, and 235 that they verily believes the residence of each signer thereof to be truly stated, and that all of said signers are 236 entitled to vote at the regular municipal election referred to in said paper; and, in case the petition is 237 nominating a candidate for councilman council member to be elected from a specific district by district 238 voting, that each signer of said petition is a resident of the same city election district in which the nominee 239 resides. 240 (Signed) __________ 241 Subscribed and sworn to (or affirmed) before me this ________ day of _________ 242 __________Justice of the Peace (or Notary Public) 243 77 Del. Laws, c. 130, § 8; 78 Del. Laws, c. 213, § 3; 244 Sec. 8. Election board; counting of votes; determination of winners; tie votes; persons eligible to vote; 245 voter registration; official ballots and voting machines; absentee ballots. 246 There is hereby created the election board which shall be a non-elected body to oversee the municipal 247 elections, as well as to serve as an advisory board to Council on such matters as voter registration, municipal 248 elections, election rules and regulations, and polling locations for City elections. The board shall be 249 composed of five (5) members, serving three (3) years terms, to be appointed by the Mayor and confirmed 250 by council at the Annual Meeting, or as necessary to fill vacancies as they occur. One member shall be 251 appointed from each district into which the city has been divided for election purposes, and one member 252 shall be appointed on an at large basis. The City Clerk shall serve as a liaison member of the board. Upon 253 expiration of the term of appointment, a member shall serve until his/her successor has been duly appointed. 254 If a vacancy occurs during the term of any member of the election board, a person residing in the same 255 numbered district shall be appointed to fill the remainder of said term. Members serve without salary, but 256 shall be paid a per diem allowance as specified by City ordinances. 257 To be eligible for appointment to the election board, each prospective member shall be a citizen of the 258 United States, a registered voter within the City, and have resided within the geographical boundaries of the 259 City for one year preceding the appointment. The Mayor and members of Council, their parents, spouse, or 260 children, shall not be eligible for appointment to the election board. 261 All elections shall be held by an election board. The City Clerk may designate such other persons as he/she 262 shall deem necessary to assist the members of the election board in the conduct of the election and counting 263 of the ballots. Should any or all of the members of the election board be absent from the place of election

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 8 264 at 7:00 a.m. on the day of the election or fail or neglect to act in the conduct of such election during the time 265 the polls are open and until the ballots are counted and the results of the election certified, the voters of the 266 city present at such time may choose from the qualified voters of the city such person or persons as shall be 267 necessary to fill places made vacant by the absence or neglect aforesaid. 268 When the polls are closed, the election board shall publicly count the votes and shall certify the results of 269 the election to each of the persons elected and to the council. The candidate for the office of mayor who 270 receives the highest number of votes cast for that office shall be declared to be elected mayor; the candidate 271 for the office of at-large councilman council member who receives the highest number of votes cast for 272 that office shall be declared to be elected at-large councilman council member; and the candidates for the 273 offices of councilmen council member from each district who receive the highest number of votes cast by 274 voters who reside in that district and cast votes for councilmen council member of that district shall be 275 declared to be elected to that office. In the event of a tie vote for any office, a special election for said 276 office(s) only shall be held within thirty (30) days and the registration books shall remain closed until the 277 outcome of the special election is determined. 278 Every resident of the City of Dover who shall have reached the age of eighteen (18) years by the time of the 279 election and who is properly registered to vote shall be entitled to vote at all regular or special municipal 280 elections. A voter will be considered properly registered to vote if they are properly registered to vote for 281 state elections in accordance with Title 15 of the Delaware Code as amended. 282 The council shall provide for the use of voting machines in all regular and special municipal elections in 283 conformity with Title 15 of the Delaware Code by ordinance duly adopted by council. Voting machines shall 284 be used in accordance with Title 15 of the Delaware Code and by ordinance duly adopted by council. The 285 names of the candidates for each office shall be listed in alphabetical order on the voting machines under 286 the name of the office to which they seek election. The voters shall designate their choice of candidates in 287 accordance with the regular method of operation of voting machines. The council may provide sample 288 ballots plainly marked as such and printed on paper of any color except white to be distributed to any voter 289 or candidate who requests them prior to or during the election. 290 Any qualified voter, duly registered, who shall be unable to appear to cast their ballot at any election either 291 because of being in the public service of the United States or of this state, or because they will be 292 unavoidably absent from the city on the day of the election, or because of his/her sickness or physical 293 disability may cast a ballot at such election by absentee ballot to be counted in the total of such election. The 294 council may provide the rules and regulations for such absentee voting by ordinance for all elections. 77 Del. 295 Laws, c. 130, § 9, 10 296 Sec. 9. Meetings of mayor and council--Generally. 297 At 7:30 p.m. on the second Monday in May following a regular municipal election, the mayor and council 298 shall meet at the usual place for holding council meetings and the newly elected officers shall assume the 299 duties of office, being first duly sworn or affirmed to perform their duties with fidelity. Such meeting shall 300 be called or known as the annual meeting. Thereafter, the council shall hold regular meetings at such times 301 as may be prescribed by ordinance, but not less frequently than once each month. Special meetings may be 302 called and held as prescribed by ordinance. All meetings of the council shall be open to the public except 303 scheduled executive sessions. 304 At the annual meeting held on the second Monday in May, the members of council shall elect one of their

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 9 305 members to serve as council president, such term to be in effect until the next regularly scheduled annual 306 meeting or until a successor is elected. The council president shall serve as vice-mayor. The Council 307 president shall preside over regular and special council meetings. 308 The mayor shall preside over the annual meeting and quarterly town meetings, and at the annual meeting 309 present a state of the city message and offer mayoral appointments for council confirmation. The 310 mayor, upon recommendation from the council president, will present council appointments for 311 council approval. 312 In the event of absence of the council president, then the senior member of council in terms of length of 313 service as a councilman council member shall assume the duties of the council president and shall be 314 designated council president acting. In the event that two (2) or more members of council have the same 315 seniority in terms of length of service as a councilman council member , then the members of council shall 316 vote and elect one of those as council president acting. Council president acting shall fulfill all of the duties 317 and responsibilities of council president during his/her period of unavailability or absence. 318 Sec. 10. Meetings of Mayor and Council--Procedure. 319 Five (5) of the members elected to the council shall constitute a quorum to do business, but a less number 320 may adjourn from time to time and may compel the attendance of absent members in such manner and under 321 such penalties as may be prescribed by ordinance. 322 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a 323 majority of the members elected to the council, and (2) the written approval of the mayor, or the vice-mayor 324 in those cases where the vice-mayor is authorized to act as mayor as provided in section 15 hereof, provided 325 that in the absence of such approval by the mayor, or the vice-mayor as the case may be, the council may, 326 after not less than seven (7) days nor more than thirty-five (35) days after the prior vote, pass or adopt the 327 said ordinance, resolution, motion or order which did not receive the approval of the mayor, or the 328 vice-mayor, by the affirmative vote of two-thirds of the members elected to council. 329 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the duty of the mayor, 330 or the vice-mayor, to signify his/her approval or disapproval thereof in writing to the clerk of the council 331 within seven (7) days thereafter. The clerk of the council shall forthwith notify the members of the council 332 of such approval or disapproval. 333 Motions to adjourn meetings of council and orders to compel the attendance of absent members shall not 334 require the approval of the mayor or vice-mayor. 335 A councilman council member shall abstain from voting on a matter that he/she feels would involve the 336 consideration of his/her own official conduct, on a matter in which he/she has a financial interest, in a matter 337 in which he/she has a conflict of interest or in accordance with a policy adopted by council. 338 The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered together 339 with the text of the ordinance or resolution upon the journal of the proceedings of the council. The journal 340 shall be deemed conclusive evidence of the facts stated therein except in the case of fraud. 341 The city council may adopt any standard code of technical regulations by reference thereto in an adopting 342 ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 10 343 ordinances generally except that: 344 (1) The requirements for distribution and filing of copies of the ordinance shall be construed to 345 include copies of the code of technical regulations as well as of the adopting ordinance, and 346 (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance 347 shall be authenticated and recorded by the city clerk. 348 Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution 349 or for purchase at a reasonable price. 77 Del. Laws, c. 130, § 11 350 Sec. 11. Council to be judge of election results and qualification of members; power to fix procedure. 351 The council shall be the judge of the election results and qualification of its members and, in such cases, 352 shall have power to subpoena witnesses and compel the production of all pertinent books, records and 353 papers; but the decision of the council in any such case shall be subject to review by the courts. The holding 354 over members shall constitute the council for the purpose of determining election contests. The council shall 355 determine its own rules and order of business and keep a journal of its proceedings. It shall have power to 356 compel the attendance of absent members, and may punish its members for disorderly behavior. 357 Section Sec. 12. Compensation; Expenses-Mayor, council members, and other elected or appointed 358 officials. 359 The city council shall determine the annual salary and emoluments of the mayor, council members, and other 360 elected or appointed officials by ordinance, but no ordinance increasing the salary of the mayor or city 361 council members shall become effective until the date of commencement of the terms of the mayor or 362 council members elected at the next regular election. The mayor and council members shall receive their 363 actual and necessary expenses incurred in the performance of their duties of office. 77 Del. Laws, c. 130, 364 § 12 365 Section Sec. 13. Vacancies; Forfeiture of Office; Filling of Vacancies 366 (a) Vacancies. The office of a council member shall become vacant upon the member's death, resignation, 367 or removal from office or forfeiture of office in any manner authorized by law. 368 (b) Forfeiture of Office. A council member shall forfeit that office if the council member: 369 (1) Fails to meet the residency requirements, 370 371 (2) Violates any express prohibition of this charter, 372 373 (3) Is convicted of a crime involving moral turpitude, or 374 375 (4) Fails to attend three consecutive regular meetings of the council without being excused by 376 the council. 377 In the case of any such vacancy or of any vacancy created by death, resignation or otherwise for which said 378 vacancy shall be less than six months in duration, the office shall remain vacant. If such vacancy should be

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 11 379 in excess of six months in duration, a special election shall be held to fill such vacancy, this special election 380 to be held no sooner than 30 days from the date of the vacancy, but said special election to be held no later 381 than 60 days after the date of the vacancy. If council fails to call for a special Election, the special Election 382 shall be called by the Election Board. 77 Del. Laws, c. 130, § 13 383 Sec. 14. Duties of mayor. 384 The mayor shall be the executive and chief official of the city. The Mayor shall have the powers and perform 385 the duties conferred and imposed by this Charter and ordinances of the city. The mayor shall preside at the 386 annual meeting of the council and at all quarterly town meetings. The council president shall preside at all 387 other meetings of the council. The mayor shall have no vote on council matters of any nature whatsoever. 388 The mayor is an ex officio member of all committees, but shall have no vote. 389 Sec. 15. Council President/Vice-mayor, duties of. 390 At each annual meeting, the council shall elect one of their number as council president who shall also serve 391 as vice-mayor. During a vacancy in the office of mayor or during the absence or disability of the mayor, the 392 vice-mayor shall have all the powers and duties of the mayor, except as hereinafter provided. The council 393 president and vice-mayor shall retain his/her right to vote as councilman a council member at all times 394 although he/she may be acting as the mayor, unless the mayor's absence appears to be indefinite or extended, 395 in which case council shall pass a resolution appointing the vice-mayor as mayor until the mayor's position 396 is either filled in accordance with section 13 hereof or the mayor returns to his/her duties, which resolution 397 shall provide that the vice-mayor shall have the right to approve or disapprove council action in accordance 398 with section 10 hereof, in which case the vice-mayor shall lose his/her vote as councilman a council 399 member until further action is taken by council. 400 Section Sec. 16. City Clerk 401 The city council shall appoint an officer of the city who shall have the title of city clerk. The city clerk shall 402 give notice of council meetings to its members and the public, keep the journal of its proceedings and 403 perform such other duties as are assigned by this charter or ordinance or by the council or by state law. 77 404 Del. Laws, c. 130, § 14 405 Sec. 17. Controller/treasurer 406 At the annual meeting the The council shall elect appoint a controller/treasurer to hold office until the 407 next annual meeting of the council, or until his/her successor has been duly chosen and qualified, but 408 subject to removal at any time by the council. 409 The Controller/treasurer shall be the custodian of all the city funds and shall deposit them in a banking 410 institution designated by the council. 77 Del. Laws, c. 130, § 15 411 Sec. 18. Ordinances authorized; maximum penalty for violation. 412 The council is hereby vested with the authority to adopt ordinances of every kind relating to any subject 413 coming within the powers and functions of the city, or relating to the government of the city, its peace and 414 order, its sanitation, appearance and beauty, the health, safety, convenience and comfort of its population, 415 and the protection and preservation of property, and to fix and impose and enforce the payment of, fines and

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 12 416 penalties for the violation of any such ordinance; as penalties will be provided by the Dover Code of 417 Ordinances and no provision in this Charter as to ordinances on any particular subject shall be deemed or 418 held to be restrictive of the power to adopt ordinances on any subject not specifically enumerated. 77 Del. 419 Laws, c. 130, § 16 420 Sec. 19. Power of council to define and abate nuisances. 421 The council shall have power to define nuisances and cause their abatement. The operation of any 422 instrument, device, or machine of any kind whatsoever, that shall cause electrical interference with radio or 423 television reception within the limits of the city shall, at the option of the council, be deemed to be a 424 nuisance. 425 Sec. 20. Power of council to provide for fire protection measures. 426 The council shall have power to adopt all measures requisite or appropriate for protection against fire. To 427 this end the council may adopt ordinances prohibiting the use of building materials that the council deem 428 would create a fire hazard, and may zone or district the city and make particular provisions for particular 429 zones or districts with regard to buildings and building materials. This power shall be deemed to embrace 430 new buildings or additions to or alterations of existing structures of every kind. The council shall have the 431 power to condemn any building or structure or portion thereof that it deems to be a health hazard or 432 constitutes a fire menace or to require or cause the same to be torn down, removed, or so altered as to 433 eliminate the health hazard or menace of fire. 434 Sec. 21. Power of council to adopt zoning ordinances. 435 The council may adopt zoning ordinances limiting and restricting to specified districts, and regulating 436 therein, buildings and structures according to their construction and the nature and extent of their use. 437 Sec. 22. Power of council to regulate construction of buildings and require permits; building inspector 438 authorized. 439 The power of the council to adopt ordinances for the safety of the city and its population shall be deemed 440 to embrace the right to prescribe the height and thickness of the walls of any building and the kind and grade 441 of materials used in the construction thereof. 442 The council may provide for the issuance of building permits and forbid the construction of a new building 443 or the addition to or alteration and repair of an existing building except when a building permit has been 444 obtained therefore. The council may appoint a building inspector and prescribe his/her powers and duties. 445 Sec. 23. Power of council to create city planning commission; members generally. 446 The council may create a city planning commission for the development, improvement, and beautification 447 of the city, and prescribe its powers and duties. No member of the planning commission may hold at the 448 same time, any elected city office. 449 Members of any planning commission created by the city shall consist of two (2) members from each council 450 district and one member serving at large.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 13 451 All members of the planning commission must be residents of the City of Dover. 452 Each appointed member of the commission shall receive per diem reimbursement for expenses to be paid 453 quarterly monthly for preparation and attendance at each meeting of the planning commission attended 454 in an amount to be set by council. 455 Sec. 24. Power of council to franchise or license public utilities and common carriers. 456 The council shall have the right to grant or refuse franchises or licenses to public utilities and common 457 carriers and fix the terms and conditions thereof and to regulate their use of the streets, lanes, alleys, 458 rights-of-way, and air space or airways of the city. 459 Sec. 25. Power of council to operate light, power or water plant. 460 The council shall have power to operate a light, power and water plant for the city, and to do all things 461 necessary for its maintenance and operation. The council may at their option transmit electric current and 462 or water from its said plant to places or properties outside of the city limits upon such terms, charges and 463 conditions as they shall determine. 464 The council shall have power to adopt ordinances, rules and regulations in regard to the use for public or 465 private purposes of electric current distributed and or water furnished by the city and the amount to be paid 466 by the users thereof, and fix fines and penalties for any willful or negligent injury or damage to its water and 467 light plant, and to any objectionable use in connection with its light and water system, and to any 468 interference with or obstruction of the said system. 469 Sec. 26. Power of council with reference to sewers. 470 The council shall have superintendence and supervision of the sewers and the sewer system of the city. They 471 shall have power to install any or additional sewers in the city. The council may by condemnation 472 proceedings take for sewer purposes, private land, or the right to use private land under the surface thereof, 473 for the laying of sewer mains. The proceedings by condemnation under this section shall be the same as 474 prescribed by Section 27 of this Charter with regard to the laying out of new streets, and the resolutions 475 referred to in said section shall be modified to cover the case contemplated by this present section. 476 The council shall have power to make all ordinances, rules and regulations regarding the sewers and sewer 477 system of the city and the use thereof, and may fix fines and penalties for the violation of the provisions of 478 such ordinances. The council may require any property in the city to be connected with the water and sewer 479 mains and to compel the owner of such property to pay the cost of such connection and the tapping fee or 480 charge therefore. The connecting with the water or sewer mains and the tapping thereof shall be under the 481 regulation and control of the council. 482 The council may extend the sewer system of the city to places outside of the city limits upon such terms, 483 charges and conditions as it shall determine. 484 The council is hereby authorized to impose a charge or rent for the use of the sewer system of the city, both 485 within and without the limits of the city, and in addition to the connection or tapping charges. 486 Sec. 27. Power of council to layout, locate, abandon, etc., streets, sidewalks, etc.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 14 487 The council shall have power and authority to lay out, locate, accept, and open new streets and to widen and 488 to alter existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall 489 deem it for the best interest of the city. 490 Whenever, the land comprehended or included in any street, or part thereof, vacated or abandoned under this 491 section is owned by the city, the council may, in their discretion, sell such land either at private or public sale 492 and for such consideration as the council shall deem proper, and shall have the right and power to convey 493 to the purchaser or purchasers thereof a good and sufficient title thereto. 494 The word 'street' shall be deemed and held to comprehend and include sidewalks, lanes and alleys. 495 Sec. 28. Power of council to pave streets, sidewalks, etc. and levy assessment for public improvements; 496 municipal lien docket. 497 The council shall have power to pave or repave, or to cause to be paved, or repaved, the streets and 498 sidewalks of the city, or any part or portion thereof, with such material or materials as it shall determine. 499 The power hereby conferred shall be exercised in the following manner, to wit: 500 SIDEWALKS 501 A. The city council, at such time as it shall determine that the condition or conditions of a particular street 502 or streets, or portion thereof, requires that sidewalks be laid, or that the sidewalks then existing, if there be 503 sidewalks laid, should be improved, or upon the petition of a majority of persons owning property along any 504 of the streets, or a portion of any of the streets of the said city, asking that the sidewalks abutting on said 505 street or streets, be improved, or that sidewalks be laid where there are none at the time of the filing of the 506 petition, may direct the property owner or owners to lay or replace sidewalks with such material or materials, 507 as, in the judgment of the said Council of the City of Dover, may seem best under the circumstances. 508 It shall be the duty of the city manager to give at least fifteen (15) days notice in writing to the owner or 509 owners of the property affected by the action of the said council. Said notices shall be served in the manner 510 following: A copy thereof shall be delivered personally to the owner or owners of said property, or a copy 511 thereof shall be left with the tenant in possession of the property, or a copy thereof shall be sent by registered 512 mail to the last known post office address of the owner or owners of the said property or properties so 513 affected. Service of such notice by either of said methods shall be sufficient to bind the owner or owners 514 under the provisions of this Charter. 515 It shall be the duty of the owner or owners, after notice shall have been given in either of the ways above 516 designated, to forthwith cause the said sidewalks to be laid or the improvement or alterations thereof to be 517 made, as directed in said notice. 518 Upon the failure of the owner or owners to lay or cause to be laid or improved or altered, the sidewalks or 519 portion thereof, according to the direction of said notice, it shall be the duty of the City Manager to cause 520 the said sidewalks to be laid or altered or improved, as the case may be, according to the terms of such 521 notice. 522 STREETS

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 15 523 B. The council shall adopt an ordinance or resolution stating, in effect, that on a named day and at a named 524 hour and place, the council will meet to consider the question of paving or repaving, with specified material 525 or materials, the named street in front of the property of named owners, and, of assessing the cost thereof 526 against the owners. Said ordinance or resolution shall be published at least one week prior to the meeting 527 aforesaid in at least one issue of a newspaper published in the city. The council shall hold a meeting in 528 accordance with said ordinance or resolution and shall hear thereat the named owners of property and other 529 residents of the city appearing on the questions presented in said ordinance or resolution. 530 After such hearing, the council shall decide, either at said meeting or at a subsequent meeting, whether or 531 not to proceed with the paving or repaving specified in said ordinance or resolution; provided, however, that 532 the council shall not proceed with such improvement if, at or prior to the hearing aforesaid, the council shall 533 be presented with a written objection thereto signed by a majority of the owners of real property in front of 534 which such paving or repaving was contemplated. The provisions of this subsection, relating to the paving 535 or repaving of streets, shall be deemed to apply to and include curbs and gutters. 536 SPECIAL ASSESSMENTS 537 C. The city shall have the authority to levy and collect special assessments upon property in a limited 538 and determinable area for special benefits accruing to such property as a consequence of any 539 municipal public work or improvement, and to provide for the payment of all, or any part of, the cost 540 of the work, service or improvement out of the proceeds of such special assessments. 541 When the term "owner" or "owners" is used with respect to special assessments, it shall be deemed 542 to mean the person or persons who owned the property in question at the time of the enactment of 543 the assessment ordinance, and, any change in ownership thereafter shall not be deemed to affect any 544 of the steps or proceedings described in this Charter with respect to special assessments. 545 The council shall also have the authority to enact ordinances which provide for the levy and 546 collection of assessments against property owners for the cost of installation of sanitary sewers, 547 storm sewers, water mains, streets, sidewalks, street lights, curbs, gutters and other public 548 improvements. 549 Such ordinances shall prescribe: 550 (1) The basis to determine the amount which shall be assessed upon the properties abutting the 551 public work or improvement; 552 (2) What portion of corner properties shall be considered frontage and what portion side frontage 553 and whether there shall be any exemption on side frontage; 554 (3) Payment provisions providing for payment in installments, except that assessments for 555 current services or service connections shall be payable within one year; and 556 (4) Rules under which individual appeals shall be heard. 557 All special assessments and all water and sewer service charges shall be liens and shall be entered 558 in the municipal lien docket as liens.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 16 559 The council may provide for the payment of special assessments for whatever purpose levied by 560 installments, but assessments for permanent improvements shall be paid in annual or more frequent 561 installments, and, assessments for current services shall be payable within one year. 562 MUNICIPAL LIEN DOCKET 563 D. A docket known as the "City of Dover Municipal Lien Docket" shall be prepared and maintained by 564 the city manager. The docket shall be substantially the same in form as the judgment docket for Kent 565 County and shall contain an index according to the name of the owner against whom such lien has 566 been assessed. All taxes and all charges for water service, sewer service, garbage service, electric 567 service, grass cutting services and debris removal, dangerous building ordinance costs and 568 assessments, special assessments for municipal improvements of any nature, and all other charges 569 or assessments made by the city against property owners may be recorded in the municipal lien 570 docket and shall be and constitute a lien upon all of the real estate of the taxable against or upon 571 whom such taxes and/or charges are laid or imposed, of which such taxable was seized at any time 572 after such taxes and/or charges have been levied and imposed, situate in the City of Dover. All liens 573 so recorded shall continue in full force and effect until the same plus accrued costs have been paid 574 in full. Upon payment in full of the lien and all costs, it shall be the duty of the city manager to enter 575 forthwith upon the docket the date of final payment and the words "satisfied in full." Failure to 576 record liens in the municipal lien docket shall not affect liens otherwise provided for in 25 Del.C. 577 section 2901, et seq. 578 Sec. 29. Streets, sidewalks, etc. to be under control of council; power of council to prescribe grades 579 thereon and regulate traffic. 580 The streets, sidewalks, lanes and alleys in the city shall be under the supervision, management and control 581 of the council, and the council may prescribe the grades thereof and adopt ordinances regulating the use 582 thereof and the traffic thereon. 583 Sec. 30. Power of council to provide for disposal of garbage and sewage. 584 The council shall have power to provide for the incineration or other sanitary disposal of litter, debris, refuse, 585 garbage and sewage. 586 Sec. 31. Power of council to regulate parking and provide parking lots. 587 The council shall have power to adopt ordinances regulating the parking of automobiles and motor vehicles 588 within the city, and may lease or purchase land to be used for parking purposes. 589 Sec. 32. Council to determine salaries of city appointees and employees 590 The salaries or emoluments of all city appointees and city employees shall be determined by the council 591 through the pay system and Collective Bargaining Agreements as amended. 592 ARTICLE III. CITY MANAGER 593 Sec. 33. The city manager generally.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 17 594 The council shall appoint a city manager who shall be the chief administrative officer of the city. The City 595 Manager need not, when appointed, be a resident of the city or the state. No member of the council shall, 596 during the time for which elected, be chosen as city manager. The manager shall be appointed for an 597 indefinite term but shall be removable at the pleasure of the council. Before the manager may be removed 598 he/she shall, if he/she so demand, be given a written statement of the reasons alleged for his/her removal and 599 the right to be heard publicly thereon at a meeting of the council prior to the final vote on the question of 600 his/her removal, but pending and during such hearing the council may suspend him/her from office. The 601 action of the council in suspending or removing the manager shall be final, it being the intention of this 602 Charter to vest all authority and fix all responsibility for such suspension or removal in the council. In case 603 of the absence or disability of the manager the council may designate some qualified person to perform the 604 duties of the office during such absence or disability. 605 Sec. 34. Responsibility of manager; powers of appointment and removal. 606 The city manager shall be responsible to the council for the proper administration of all affairs of the city 607 placed in his/her charge, and to that end, except as otherwise provided herein, he/she shall have the power 608 to appoint and remove all employees in the administrative service of the affairs of the city under his/her 609 charge. All such appointment shall be without definite term. 610 Section Sec. 35. Appointments and Removals. 611 Neither the city council nor any of its members shall in any manner control or demand the appointment or 612 removal of any city administrative officer or employee whom the city manager or any subordinate of the city 613 manager is empowered to appoint, but the council may express its views and fully and freely discuss with 614 the city manager anything pertaining to appointment and removal of such officers and employees. The city 615 administrative officers and employees can be assured of due process in accordance with Title 19 of the 616 Delaware Code. 77 Del. Laws, c. 130, § 17 617 Section Sec. 36. Interference with Administration. 618 Except for the purpose of inquiries, and investigations by council under Section 39, the council or its 619 members shall deal with city officers and employees who are subject to the direction and supervision of the 620 city manager solely through the city manager, and neither the council nor its members shall give orders to 621 any such officer or employee, either publicly or privately. 77 Del. Laws, c. 130, § 18 622 Sec. 37. Duties of the manager. 623 It shall be the duty of the city manager to supervise the administration of the affairs of the city under his/her 624 charge; to make such recommendations to the council concerning the affairs of the city as may seem to 625 him/her desirable; to keep the council advised of the financial conditions and future needs of the city; to 626 prepare and submit to the council the annual budget estimate; to prepare and submit to the council such 627 reports as may be required by that body; and to perform such other duties as may be prescribed by this 628 Charter or required of him/her by ordinance or resolution of the council. 629 Sec. 38. Right of manager to sit in council meetings. 630 The city manager and such other officers of the city as may be designated by vote of the council, shall be 631 entitled to seats in the council, but shall have no vote therein.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 18 632 Section Sec. 39. Investigations 633 The city council may make investigations into the affairs of the city and the conduct of any city department, 634 office, officer, employee, or agency and for this purpose may subpoena witnesses, administer oaths, take 635 testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the 636 exercise of these powers by the council shall be a Class A misdemeanor punishable by existing State Law. 637 77 Del. Laws, c. 130, § 19 638 Sec. 40. Other functions of city manager. 639 The city manager shall have charge of the light and water plant operated by the city, and of the light and 640 water and sewer systems of the city. The City Manager shall have charge of the supervision of the streets, 641 gutters, curbs and sidewalks of the city and of all work relating thereto. The City Manager shall have charge 642 of the administration of all provisions of this Charter and ordinances and regulations of the council relating 643 to affairs of the city, when not otherwise provided for by this Charter or by any ordinance or resolution of 644 the council. The City Manager shall ex officio be the collector of taxes for the city. It shall be his/her duty 645 to collect all water rents and fees for the tapping of water mains and sewers, all charges for electric current 646 and all city revenue from any source whatsoever. The City Manager shall pay over to the Controller/treasurer 647 at least monthly, and oftener if required by council, all moneys received or collected by him/her and by 648 any employee under him/her. 649 The City Manager shall keep a full and strict account of all moneys received and all transfers made by 650 him/her to the Controller/treasurer and such accounts shall be at all times open to inspection by the council. 651 The City Manager shall make such reports and at such times as the council shall direct. 77 Del. Laws, c. 130, 652 § 20 653 Sec 41. This Section has been intentionally left blank. 654 ARTICLE IV. FINANCIAL AFFAIRS 655 Sec. 42. Signing of warrants. 656 The Controller/treasurer shall pay out no money except upon warrant signed by the city manager and 657 countersigned by the mayor. 658 The mayor and the city manager shall sign no warrants on the Controller/treasurer except pursuant to 659 appropriations or resolutions theretofore made by the council. 660 The Controller/treasurer shall keep a true and detailed account of all moneys received and of all moneys paid 661 out by him/her. The Controller/treasurer shall preserve all vouchers for moneys paid by him/her. His/her 662 books and accounts shall at all times be open to inspection by the council or the mayor or the city manager. 663 The Controller/treasurer shall make such reports and at such times as the council may direct. 664 The Controller/treasurer shall be required to give bond in such amount and in such form and with such surety 665 as the council shall determine or approve. 77 Del. Laws, c. 130, § 20 666 Sec. 43. Fiscal year.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 19 667 The fiscal year of the city shall begin the first day of July and shall end with the next succeeding thirtieth 668 day of June. 669 Sec. 44. Annual budget. 670 On or before the second Monday of May of each year, the city manager shall prepare and submit to the 671 council, a budget, presenting a financial plan for conducting the affairs of the city for the ensuing fiscal year. 672 The total of proposed expenditures shall not exceed the total of anticipated income. 673 The budget shall include the following information: 674 1. A detailed statement showing the expenses of conducting each department and office of the 675 city for the current year and last preceding fiscal year. 676 677 2. A detailed estimate of the expenses of conducting each department and office of the city for 678 the ensuing fiscal year with reasons for the increases and decreases recommended. 679 680 3. The amount of the debt of the city together with a schedule of maturities of bond issues. 681 682 4. A statement showing the amount required for interest on the city debt and for paying off any 683 bonds maturing during the year and the amount required for the sinking fund. 684 685 5. An itemized statement of all anticipated income of the city with a comparative statement of 686 the amounts received by the city from each of the same or similar sources for the last 687 preceding and current fiscal years. 688 689 6. An estimate of the amount of money to be received from taxes. 690 691 7. Such other information as the city manager may think desirable or as may be required by the 692 council. 693 The council shall on or before the second Monday in the month of June in each year adopt a budget for the 694 succeeding fiscal year. The council shall, so far as possible, adhere to the budget so adopted in the making 695 of appropriations. 696 Sec. 45. Payment of claims; issuance of warrants after approval of city manager; reports by manager 697 thereon to council. 698 No claim against the city shall be paid except on an order on the Controller/treasurer, signed by the city 699 manager, and approved and countersigned by the mayor. The city manager shall examine all payrolls, bills 700 and other claims and demands against the city and shall issue no warrant for payment, unless he/she finds 701 that the claim is proper and in proper form and correctly computed. 77 Del. Laws, c. 130, § 20 702 Sec. 46. Annual audit. 703 Annually in the month of July the council shall have the finances of the city and the books and accounts of 704 the city manager and the Controller/treasurer audited by a certified accountant.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 20 705 As soon as practicable after such audit has been completed, the council shall cause to be made and published 706 a report of the city's finances for the preceding fiscal year. 77 Del. Laws, c. 130, § 20 707 Section Sec. 47. General assessment; levy on utility property. 708 The City shall cause to be made a true, just, and impartial valuation and assessment of all real property 709 within the city, locating each parcel of real property by street and number or other description. The assessor 710 or assessors shall be appointed by a majority vote of the Council at its annual meeting by majority vote 711 thereof. Before entering upon the duties of office, an assessor shall be sworn or affirmed by the Mayor to 712 perform the duties of the assessor's office with fidelity and without favor or partiality. 713 Whenever Council shall direct, as set forth in Chapter 102 - taxation, article I - in general, Section 102-1 - 714 valuation and assessment, of the Dover Code of Ordinances, all real property in the City of Dover shall be 715 reassessed by an outside mass appraisal company or a consortium of appraisers chosen by Council. The mass 716 appraisal company or consortium of appraisers shall be licensed to conduct business in the State of Delaware 717 and the City of Dover and shall employ appraisers who are licensed by the Delaware Division of 718 Professional Regulation. This assessment shall be in lieu of the valuation and assessment made by the 719 assessor or assessors appointed by Council as described herein above and in lieu of the assessor's duties 720 described herein above. 721 The assessor or assessors shall include supplemental assessments made annually for the purposes of (1) 722 adding property not included in the last assessment or (2) increasing or decreasing the assessment value of 723 property which was included in the last annual assessment. 724 The annual assessment date for all real property shall be January 1st of each year. The assessment of all 725 property shall be at its true value in money as of the assessment date. True value in money shall be the fair 726 market value. 727 The general assessment shall be set down by the assessor or assessors in two (2) or more copies, as the 728 Council shall direct, and shall be delivered to the Council as soon as made. The Council shall, on the first 729 day of April of each year, cause a copy of the general assessment to be posted in two (2) public places in the 730 city for ten (10) days. The assessor shall notify the public of an appeal deadline of thirty (30) days from the 731 date of general assessment posting. 732 The Council may direct that appeals from any assessment be heard by a committee, known as the Board of 733 Assessment Appeals, of not less than three (3) members appointed by the Council. The Board of Assessment 734 Appeals shall sit at a stated place and time to hear the appeals of all taxpayers dissatisfied with the 735 assessment of their properties, shall collect such information as they consider proper and necessary, and shall 736 report their findings. 737 Notice of the place and time that the Board of Assessment Appeals will sit to hear appeals shall be posted 738 with the general assessment in two (2) public places for a period of ten (10) days. Notice of the posting of 739 the copies of the general assessment and of the place and time of the meetings of the Board of Assessment 740 Appeals shall be published in at least one issue of a newspaper published in the city. 741 The assessment as revised and adjusted by the Board of Assessment Appeals or Superior Court shall be the 742 basis for the levy and collection of taxes for the city.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 21 743 The Council shall have the right to levy and collect taxes on gas mains, telephone, telegraph, 744 communications systems, or trolley poles or other erection of like character within the limits of the city, 745 together with the wires thereon strung; and to this end the Council may at any time direct the same to be 746 included in or added to the general assessment. 747 Nothing contained in this section shall be deemed or held to invalidate or otherwise effect any assessment 748 made prior to the approval of this section or any tax levied thereunder. 77 Del. Laws, c. 130, § 21; 78 Del. 749 Laws, c. 217, § 1; 750 Sec. 48. Maximum budget. 751 The council shall in the month of June of each year determine the amount of money to be raised for the city 752 for general purposes for the next fiscal year not exceeding two (2) percent of the total taxable assessment 753 for a general tax, and shall also determine the amount of money required to be raised in such year by the city 754 for interest, sinking fund and redemption of the bonds of the city. A reasonable sum for delinquencies, 755 discounts and costs of collection may be added by the council to the amounts aforesaid. The amounts 756 determined as aforesaid together with any additional sum or sums authorized to be levied and collected, as 757 in this section hereinafter provided, shall be levied and collected by the council on the property and persons 758 assessed as aforesaid and in accordance with such assessment and according to a rate established by the 759 council. 760 Sec. 49. Payment and collection of taxes; errors and delinquents in assessments. 761 All taxes shall be paid to the collector of taxes. For all taxes not paid on or before July 31st in the calendar 762 year that they are assessed, there shall be added and collected a one and one-half percent (1.5% (18% per 763 annum) for every month or fraction of a month after the 31st day of July that said taxes remain unpaid. 764 It shall be the duty of the collector of taxes to proceed forthwith to collect all taxes unpaid by the first day 765 of October in the calendar year that they were assessed and in the collection of said taxes he/she shall have 766 all the powers conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent County. 767 The council shall have the authority to allow errors and delinquents in the assessment. 768 The provisions of §8705, Title 9 of the Delaware Code shall be deemed and held to apply to all taxes laid 769 and imposed under the provisions of this Charter. 770 Sec. 49A. Assessment, payment, and collection of taxes for new construction. 771 In the event that the mayor and council of the City of Dover desire to collect and levy taxes on newly 772 constructed property not taxed by virtue of the city's annual assessment, the city may enact an ordinance to 773 do so provided that: At the beginning of each quarter of each year, there shall be an increase in the valuation 774 and assessment of all newly constructed real property within the city, locating each parcel of real property 775 by street and number or other description. Property shall be deemed to be newly constructed when the city 776 permits occupancy and use (Certificate of Occupancy) or when new construction is being used or occupied 777 for its intended purpose. The said valuation and assessment shall be made by an assessor or assessors who 778 shall be elected appointed by council in accordance with the provisions set forth in Section 47 of this 779 Charter.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 22 780 The aforementioned assessment shall be during the months of January, April, July, and October of each year. 781 Any new construction with an added value of $25,000 or less shall not be realized until the next annual 782 assessment roll. The property owner may appeal any assessment for new construction in accordance with 783 Section 47 of this Charter. 784 The aforementioned assessment shall be deemed a general assessment for all property with new construction. 785 The council may direct appeals from any general assessment for new construction in accordance with 786 Section 47 of this Charter. 787 Nothing in this section contained shall be deemed or held to invalidate or otherwise affect any assessment 788 made prior to the approval of this section or any tax levied thereunder. 789 All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) days of billing and 790 those taxes not paid shall accrue a penalty in the amount of one and one-half (1½) percent per month. For 791 every tax that is not paid as prescribed herein, the tax collector shall have all the powers conferred upon or 792 vested in the Receiver of Taxes and County Treasurer for Kent County. 793 The council shall have the authority to allow errors and delinquents in the assessment. 794 The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may from time to time be 795 amended, shall be deemed and held to apply to all taxes laid and imposed upon the provisions of this 796 Charter. 77 Del. Laws, c. 130, § 22 797 Sec. 49B. Realty Transfer Tax 798 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to 799 impose and collect a tax, to be paid by the transferor or transferee as determined by council, upon the 800 transfer of real property within the city not to exceed one and a half percent (1.5%) or as amended 801 by State law of the value of the real property as represented by the document transferring the 802 property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware 803 Code [30 Del.C. §5401 and §5403] shall apply with respect to any realty transfer tax imposed by the 804 City of Dover pursuant to the authority granted herein. The Council of the City of Dover may adopt 805 an ordinance or ordinances to provide for the effective administration and regulation of any tax 806 adopted pursuant to the authority conferred herein. If the taxing power and authority granted herein 807 shall be exercised by way of a stamp affixed to a document, the recorder of deeds in and for Kent 808 County shall not receive for record documents subject to said tax unless stamps provided by the City 809 of Dover are affixed thereto showing payment of the tax. 77 Del. Laws, c. 130, § 4 810 (Moved from Sec. 3. - Employee pension, benefit and retirement systems authorized.) 811 Sec. 50. Debt limit. 812 (a) Whenever the needs of the city shall require more money than is at the time in the city treasury from 813 current receipts, the council shall be authorized and empowered to anticipate current revenue by 814 borrowing such sums as shall be needed not in excess of one (1) percent of the total taxable 815 assessment for a general tax. The amount so borrowed shall be paid back out of current revenue 816 received thereafter.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 23 817 To exercise the power aforesaid the council shall adopt a resolution to that effect, which resolution shall 818 require the affirmative vote of at least three-fourths of all the members of the council, and the approval of 819 the mayor. The indebtedness created under this section shall be evidenced by the bond, or note, of the city, 820 and the faith and credit of the city shall be deemed to be pledged thereby. 821 (b) The mayor and council is hereby authorized and empowered to borrow from time to time on the faith 822 and credit of The City of Dover sums of money for such purposes as may be deemed necessary and 823 proper by the mayor and council of the said city which purpose shall be consistent with the powers 824 conferred upon the mayor and council of The City of Dover by the Charter thereof, as amended, for 825 the management and maintenance of the said city and for these purposes the mayor and council shall 826 have full power and authority to issue bonds of the said "The City of Dover." 827 The aggregate of the amounts so borrowed together with all other bonded indebtedness for which 828 the full faith and credit of the City of Dover has been pledged shall not at any time exceed a sum 829 equal to 5 percent of the total assessed value of real property situate within the bounds of the City 830 of Dover as such boundaries shall from time to time appear. 831 The said bonds shall be issued in one or more series, shall bear such date or dates, shall mature at 832 such time or times, shall bear interest at such rate or rates, shall be payable at such time or times, and 833 at such place or places, shall be in such denominations, and shall contain such other provisions as 834 the mayor and council may provide and shall be set forth in the said bonds. Said bonds may or may 835 not be coupon bonds and may be registered or otherwise as the mayor and council deem advisable. 836 The mayor and council shall direct and effect the preparation and sale of said bonds at such time or 837 times, at such price or prices, and upon such terms as the said mayor and council deem advisable, 838 and all the monies arising from the sale of said bonds shall be used for the municipal purposes of The 839 City of Dover specified in the resolution authorizing their issue. 840 The form of said bonds and of any coupons which may be thereunto attached shall be as prescribed 841 by the mayor and council, and all such bonds shall be signed by the mayor and the treasurer of The 842 City of Dover and sealed with the corporate seal thereof. Facsimile signatures of the mayor and 843 treasurer and a facsimile of the corporate seal may be imprinted upon such bonds and any coupons 844 attached to said bonds in lieu of the signatures of the said mayor and treasurer in their own 845 handwriting and of the affixing of the corporate seal itself. 846 Said bonds of The City of Dover shall be exempt from all state, county and municipal taxes. 847 The mayor and council of The City of Dover are hereby authorized and required to levy and raise 848 by taxation in each and every year such sums of money as may be required to pay the interest accrued 849 on said bonds while all or any of said bonds remain unpaid, and the said mayor and the city council 850 are further authorized and required to levy and raise by taxation, from time to time such sum or sums 851 of money as shall be needed to establish such sinking funds as the said mayor and the city council 852 may at their discretion authorize for the redemption of said bonds, or any of them, at or before their 853 maturity and such sum or sums of money as shall be required to otherwise redeem any or all of said 854 bonds at or before their maturity. Taxes for interest and for redemption of said bonds shall be levied 855 and raised as taxes for general municipal purposes in the said city are levied and raised and shall be 856 in addition to those levied and raised for any and all other municipal purposes.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 24 857 A statement appearing in the bonds issued under the provisions of this section to the effect that the 858 bonds have been duly authorized shall be deemed and held to be conclusive evidence in favor of the 859 lawful holder of any such bonds that the terms and conditions of this section have been fully met and 860 complied with. 861 (c) Bonds may be authorized and issued pursuant to subsection (b), without a referendum vote, by a 862 resolution of the council which shall have the affirmative vote of three-fourths of the members 863 thereof and the approval of the mayor, for the following purposes: 864 (i) To finance capital projects, including, but not limited to, public storm sewers, water mains, sewer 865 mains, streets and public buildings provided that no more than 1/4 of one percent (.25%) of taxable 866 assessed value of real property of aggregate principal amount of general obligation bonds may be 867 issued at any one time pursuant to this clause and any new bonds issued pursuant to this clause may 868 not cause the total aggregate principal amount of general obligation bonds outstanding at any one 869 time to exceed one percent of the total taxable assessment for a general tax at the time such new 870 bonds are issued; and 871 (ii) to refund bonds secured by the city's full faith and credit, prior to their stated maturity, provided 872 that (A) the present value of the aggregate principal and interest payments of the refunding bonds 873 are not greater than the present value of the aggregate principal and interest payments on the bonds 874 to be refunded determined by discounting at the effective interest rate on the refunding bonds, 875 calculated based on the internal rate of return: and (B) at the time of issuance of the refunding bonds 876 there are deposited in escrow, pledged to secure the refunded bonds, sufficient monies and/or direct 877 obligations of, or obligations the principal of and interest on which are guaranteed by, the United 878 States government, which, without regard to any reinvestment earnings, will be sufficient to pay 879 when due all interest, principal and redemption price on the refunded bonds at maturity or upon 880 earlier call for redemption. 881 (d) Except for bonds issued pursuant to subsection (c) hereof, all bonds issued under the provisions of 882 subsection (b) shall first be approved by a referendum vote of the qualified voters (as herein defined) 883 of The City of Dover. 884 Notice of the holding of such referendum election shall be authorized by resolution of the mayor and 885 council, published once a week, for at least three (3) consecutive weeks in at least one newspaper 886 circulated in The City of Dover, Delaware. Such notice shall be set out in summary form the amount 887 and purposes of such bond issue, the date and place of holding the referendum election and the hours 888 the polls will be open. 889 At said referendum election "qualified voter" shall mean every natural person who is a resident or 890 a nonresident taxable of the city, of the age of eighteen (18) years or upwards. Each qualified voter 891 shall be eligible to vote and shall have one vote. 892 The City Assessor or his/her designee shall attend the election with the last city assessment and tax 893 payment records for the inspection of the election officers. The referendum election shall be held at 894 such date as the mayor and council shall designate. The referendum election shall be held at such 895 suitable place in said city as the mayor and council shall designate in said published notice. The polls 896 shall be open from 7:00 a.m. (local time), and shall close at 8:00 p.m. (local time). The judge of the 897 election shall, in the case of a tie vote on the bond issue cast the deciding vote, otherwise judge of

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 25 898 the election shall refrain from voting, but the election clerks may vote. 899 The total votes cast for and the total votes cast against the bond issue shall be certified as correct by 900 at least two (2) of the election officers and delivered to the mayor, or to the clerk of council 901 immediately after the total vote count has been certified. 902 The mayor and council shall at the next regular meeting after the election, or at a special meeting, 903 receive the results of the referendum election and make the same a part of the minutes of said 904 meeting, whereupon if a majority of the votes cast were for the bond issue bonds herein provided for 905 may be issued and sold as provided in subsection (b), but if at such referendum election the majority 906 of the votes cast were against the bond issue, then no bonds shall be issued nor shall any money be 907 borrowed pursuant to the resolution submitted to the referendum. 908 (e) In addition to the power otherwise granted in this section, the mayor and council may issue special 909 assessment revenue bonds to finance those public projects for which the city may levy and collect 910 special assessments pursuant to Section 28 of this Charter. Such bonds shall not obligate the faith 911 and credit of the city, but shall be payable solely from the proceeds of the special assessments which 912 are pledged to the payment thereof. Such bonds shall be authorized without a referendum vote by 913 a resolution of the council which shall have the affirmative vote of three-fourths of the members 914 thereof and the approval of the mayor. 915 (f) After authorization of the sale of bonds as provided in this section and in anticipation of the sale and 916 issuance of said bonds, the mayor and council may borrow money and issue notes of the city for the 917 purpose and to the extent of the amount of bonds authorized to be sold, less the amount of any bonds 918 theretofore issued under such authority. The said borrowing shall be authorized by a resolution of 919 the council which shall have the affirmative vote of three-fourths of the members thereof and the 920 approval of the mayor, and the note or notes thereby authorized shall be signed by the mayor and 921 treasurer of the city. When issued and signed in accordance with this subsection (f), the faith and 922 credit of the city shall be deemed to be pledged for the repayment of all said notes, except those 923 issued pursuant to subsection (e) hereof. 924 The note or notes issued in anticipation of a bond issue may be renewed from time to time, but the 925 proceeds of the sale of such bonds shall, to the extent necessary, be first used to pay and retire such 926 notes. Said notes may be redeemed at par and accrued interest at any time prior to their maturity if 927 the right so to do shall have been reserved. 928 (g) For the purposes of the debt limitations prescribed in this section, (i) any bonds which have been 929 refunded pursuant to subsection (c)(ii) shall be treated as no longer outstanding; and (ii) bonded 930 indebtedness, principal amount of bonds and bonds outstanding shall be determined without regard 931 to original issue discount. 932 77 Del. Laws, c. 130, § 23; 78 Del. Laws, c. 225, § 1; 933 ARTICLE V. MISCELLANEOUS PROVISIONS 934 Sec. 51. Trees. 935 Trees being among the chief beauties of the city, and their preservation requiring that they be treated with

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 26 936 special care and intelligence, the city manager is empowered to appropriate annually an amount of money 937 adequate for their care and preservation. The City Manager may be given authority to take necessary or 938 appropriate action to prevent injuries to trees from electric wires or from any other source or cause 939 whatsoever, and to combat the pests and diseases to which they are subject, and when necessary to employ 940 tree experts provided that they do not exceed the appropriation made by the council. 941 Sec. 52. This section intentionally left blank. 942 Sec. 53. Police; mayor to be conservator of peace. 943 There shall be a city police force, the number thereof and their salaries shall be determined by the council, 944 but they shall be chosen and appointed by the mayor. The mayor is hereby vested with all the powers of a 945 conservator of the peace within the city limits. The Mayor shall appoint a Chief of Police subject to removal 946 at any time by the Mayor in accordance with applicable laws. The members of the police force shall be 947 subject to his/her direction and orders delivered through the proper chain of command and in accordance 948 with applicable laws and ordinances. They shall preserve peace and order, and compel obedience within the 949 city limits to the ordinances of the city and the laws of the state. They shall have such other duties as the 950 council and the mayor shall prescribe by ordinance. 951 Each member of the police force shall be vested with all the power and authority within the city limits and 952 within one mile outside of said limits, (and, in the case of the pursuit of an offender, without limit) of a 953 constable of Kent County. 954 Sec. 54. City solicitor. 955 At the annual meeting the The council shall elect appoint a city solicitor for the term of one year or to 956 hold office until his/her successor has been duly chosen and qualified. 957 The city solicitor may be removed during his/her term by a vote of three-fourths of the members elected to 958 the council. 959 The city solicitor shall be an attorney at law who shall have practiced in the State of Delaware for at least 960 five (5) years. The City solicitor shall be the chief legal adviser of and attorney for the city. It shall be his/her 961 duty, either personally or by such assistants as they may designate, to attend meetings of the council; to give 962 advice in writing, when so requested, to the council or the city manager; to prosecute or defend, as the case 963 may be, all suits or cases to which the city may be a party; to prosecute for all offenses against the ordinances 964 of the city and for such offenses against the laws of the state as may be required of him/her by law; to 965 prepare all contracts, bonds and other instruments in writing in which the city is concerned, and to endorse 966 on each his/her approval of the form and correctness thereof; and to perform such other duties of a legal 967 nature as the council may by ordinance require. In addition to the duties imposed upon the solicitor by this 968 Charter or required of him/her by ordinance or resolution of the council he/she shall perform any duties 969 imposed upon the chief legal officers of municipalities by law. 970 At the annual meeting the The council shall elect appoint a deputy city solicitor for the term of one year 971 or to hold office until his/her successor has been duly chosen and qualified. The deputy city solicitor shall 972 be an attorney-at-law entitled to practice law in the State of Delaware, and shall serve in such manner as 973 shall be determined by the city solicitor to be necessary and proper.

PROPOSED CHARTER AMENDMENTS - OCTOBER 25, 2016 CCW/LF&A COMMITTEE MEETING PAGE 27 974 Sec. 55. Printed copies of ordinances and resolutions to be proper evidence. 975 Printed copies of the ordinances and resolutions of the City Council of Dover, published by authority of the 976 council, shall be admitted as evidence thereof in all courts, and in pleading it shall not be necessary to recite 977 or draw them out at large. 978 Sec. 56. Repeal of prior acts. 979 All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter are hereby 980 repealed. 981 Sec. 57. Severability. 982 If any part of this Charter, as it may from time to time be amended, are held to be unconstitutional, such 983 holding shall not be deemed to invalidate the remaining portions of this Charter or amendments thereto." 984 Approved March 23, 1931. 985 36 Del. Laws, c. 158; 37 Del. Laws, c. 150; 37 Del. Laws, c. 151; 37 Del. Laws, c. 152; 38 Del. Laws, c. 99; 986 40 Del. Laws, c. 159; 46 Del. Laws, c. 1; 46 Del. Laws, c. 275; 46 Del. Laws, c. 283; 47 Del. Laws, c. 219; 987 47 Del. Laws, c. 313; 47 Del. Laws, c. 314; 47 Del. Laws, c. 330; 48 Del. Laws, c. 323; 48 Del. Laws, c. 988 334; 48 Del. Laws, c. 336; 49 Del. Laws, c. 314; 49 Del. Laws, c. 318; 51 Del. Laws, c. 92; 51 Del. Laws, 989 c. 93; 52 Del. Laws, c. 112; 52 Del. Laws, c. 136; 54 Del. Laws, c. 96; 54 Del. Laws, c. 165; 56 Del. Laws, 990 c. 49; 59 Del. Laws, c. 98; 59 Del. Laws, c. 165; 60 Del. Laws, c. 301; 60 Del. Laws, c. 311; 60 Del. Laws, 991 c. 456; 61 Del. Laws, c. 147; 62 Del. Laws, c. 100; 64 Del. Laws, c. 5; 64 Del. Laws, c. 143; 65 Del. Laws, 992 c. 28; 65 Del. Laws, c. 479; 66 Del. Laws, c. 63; 66 Del. Laws, c. 180; 66 Del. Laws, c. 361; 66 Del. Laws, 993 c. 365; 67 Del. Laws, c. 7; 68 Del. Laws, c. 16; 68 Del. Laws, c. 18; 68 Del. Laws, c. 20; 68 Del. Laws, c. 994 339; 69 Del. Laws, c. 9; 69 Del. Laws, c. 31; 71 Del. Laws, c. 64; 72 Del. Laws, c. 277; 73 Del. Laws, c. 995 114; 73 Del. Laws, c. 284; 75 Del. Laws, c. 175; 76 Del. Laws, c. 119; 77 Del. Laws, c. 130; 78 Del. Laws, 996 c. 213; 78 Del. Laws, c. 217; 78 Del. Laws, c. 225, § 1; 79 Del. Laws, c. 105, § 1; 79 Del. Laws, c. 106, § 997 1; 998 S:\CHARTER AND CODE AMENDMENTS-WORKING FILES 2016\CHARTER AMENDMENTS 2016\Proposed Charter 999 Amendments - 10-25-2016 CCW-LF&A.wpd