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LEGISLATIVE, FINANCE, AND
ADMINISTRATION COMMITTEE
AGENDA
JULY 8, 2013 - 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.
AGENDA ADDITIONS/DELETIONS
1. FY13 Edward Byrne Justice Assistance Grant Program - Police Voicemail System and
Technology Upgrades
(Due to Time Constraints, This Item Has Been Placed on the Council Agenda for the Meeting
Being Held Later in the Evening)
(Staff Recommends Approval of the Grant Project, As Requested)
2. Proposed Amendments to Chapter 58 - Human Relations Commission
(During Their Meeting of June 24, 2013, the Committee Tabled This Item Until the Next
Meeting to Obtain Further Information, Including the By-Laws, Number and Type of
Complaints Received, and Research on City Solicitor Review of the Formation of the
Commission)
3. Adjournment by 7:00 p.m.
/tm
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THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO
INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.
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ACTION FORM
Legislative, Finance and Administration
PROCEEDING: AGENDA ITEM NO.:
Committee
DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 6/20/13
PREPARED BY: Captain Robert Scott / Administrative Division Commander
FY13 Edward Byrne Justice Assistance Grant Program –
SUBJECT:
Police Voicemail System and Technology Upgrades
REFERENCE: Annual Recurring Grant Funding
RELATED PROJECT: N/A
APPROVALS: City Manager, Controller/Treasurer
EXHIBITS: None
EXPENDITURE REQUIRED: $48,375.00 PROJECT BUDGET: $48,375.00
FUNDING SOURCE (Dept./Page in CIP & Budget): USDOJ Grant (as noted above)
TIMETABLE: After approval is received from the Council, the Police Department will order the
Voicemail System and other items in accordance with the city purchasing policy.
RECOMMENDED ACTION: Approve the grant project as requested.
BACKGROUND
The Dover Police Department recently received its annual allocation from the Office of Justice Programs (OJP)
for the 2013 Justice Assistance Grant (JAG). Similar to previous years, Dover Police Department was identified
as a disparate funding agency along with Kent County because there is no law enforcement function at the
county level, unlike Newcastle County in northern Delaware. Smyrna Police Department was included in this
disparate grant in previous years, but their allocation of funds from this year’s cycle fell below $10,000 which
precluded them from the direct application process. Their portion passed to the state agency to administer, so
Smyrna Police Department has to apply to the Criminal Justice Council to receive any funds from this program.
The disparate condition above requires the submission of a joint grant application for the two agencies. Although
no funds were designated for Kent County in the allocation document, a Memorandum of Understanding will be
completed and signed by both agencies which will state that Kent County will waive any claim to the funding on
this grant.
The Dover Police Department intends to upgrade/replace the department’s voicemail system and use any
remaining funds for other non-budgeted technology upgrades. The cost for the voicemail system is approximately
$35,000 and will be procured from Collins Business Systems Inc. on Delaware State Contract Number
GSS12455-TELECOM, so bidding will not be required.
ACTION REQUESTED
The Legislative and Finance Committee approve the receipt of this grant and the purchases identified.
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Department Grant Application Analysis Form
For Use in Evaluating Grant Opportunities
General Information
Department: Police Staff Contact: Capt Scott
Grant/Project Title: FY13 Byrne Memorial Justice Assistance Grant (JAG)
Brief Grant/Project Description: Recurring formula based Federal grant program which
provides funds for various Law Enforcement programs. This grant is a joint grant with Kent County. There were no funds
allocated for Kent County on the funding document so the Dover Police Department will serve as the administrative agency and
complete all the reports and documentation required.
Application Information
Due Date: 7/9/13 New Related Grants:
Recurring Previous years’ grants
Anticipated Award Date: 8/1/13 Anticipated Notification Date: 8/1/13
Start Date: 8/1/13 End Date: 9/30/15
Award Amount: $48,375.00 Cash Reimbursement
Approx. reimbursement turn-a-around time 1-2 weeks
Council Approval Needed: Yes No Which apply? Match amount
(Council approval is needed for grant projects > $25,000, when match amounts Project shortage
equal or exceed $25,000, or when expressly required by the granting authority.)
Other grant requirement
Grant/Project Costs
Budget Category Award Amt Match Amt Match Source
Contractual 0.00 0.00
Equipment/Supplies 13,375.00 $0.00 Not Applicable
Indirect Cost (ie, vehicle repairs, mileage, IT, telephone) 0.00 0.00
Personnel 0.00 0.00
Additional Personnel/Over-time (ie, support costs,
0.00 0.00
administrative salaries)
Travel/Training 0.00 0.00
Capital Voicemail System $35,000.00 $0.00 Not Applicable
Other (ie, informant/buy money) 0.00 0.00
Total $48,375.00 $ 0.00
GRANT TOTAL $48,375.00 Award + Match
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Department Grant Application Analysis Form
For Use in Evaluating Grant Opportunities
Other Information
1. Are any of this project’s costs included in the City budget?
Yes, currently the Dover Police Department has a maintenance contract programmed in their
annual budget for the current voicemail system. Therefore, no increases to the budget will be
necessary as the new system will be replacing the existing system in the Police Department
budget.
Additional technology upgrades that were not included in the Police Department budget will
be funded with the balance of these funds. The additional items will be determined at a later
date; however, the funds will be used to upgrade / replace older technology equipment and no
additional maintenance contracts should be needed for these items.
2. Are there any long-term costs or commitments?
Only the annual maintenance contract cost for the voicemail system which will be absorbed
in the department’s budget.
3. How will this program/project be funded after the grant expires?
Not Applicable.
4. What is the maximum amount of funds available from this funding source?
The amounts shown on the preceding table are the maximum amounts available.
5. If the Department receives only a portion of the amount requested, how will the
project be funded?
The funds are explicitly authorized for Dover PD’s use, so the full amount will be available.
6. Are there other departments in the City eligible for this funding?
No.
7. Are other departments in the City willing to collaborate on this project?
Not Applicable.
8. Will this project duplicate or compete with other services or programs provided by
the City or other local agency?
No.
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ACTION FORM
PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 07/08/13
DEPARTMENT OF ORIGIN: City Council
PREPARED BY: Traci McDowell, City Clerk
SUBJECT: Dover Human Relations Commission DATE SUBMITTED: 07/02/2013
RELATED PROJECT: N/A
APPROVALS: LF&A Committee and City Council
EXHIBITS: Exhibit #1 - Historical Overview Provided to Committee on May 28, 2013
Exhibit #2 - DHRC 2013 Meetings Summary
Exhibit #3 - List of Committees Which Meet as Needed
Exhibit #4 - DHRC Membership Summary and List of Resignations 2010-2013
Exhibit #5 - DHRC By-Laws (Adopted: September 6, 2002; Amended: December 15, 2004)
Exhibit #6 - DHRC Intake Form Log - 2010-Present
TIMETABLE: Recommendations to City Council on July 22, 2013
RECOMMENDED ACTION: Examine the role and performance of the Dover Human Relations Commission
by reviewing Items #1-5 below and formulating recommendations for Council’s consideration.
BACKGROUND AND ANALYSIS
During the Legislative, Finance, and Administration Committee meeting of June 24, 2013 members requested
addition information (Exhibits #5 and #6) and tabled the discussion of recommendation items #1-5 included in the
May 28, 2013 committee action form pertaining to the Dover Human Relations Commission, as follows:
1) If the Commission is fulfilling its purpose (below)
Sec. 58-31. - Purpose.
The city council has deemed it to be in the best interest of the city to establish a human relations commission
to include members who are broadly representative of the entire community and who are committed to a
philosophy of inclusion, intergroup cooperation, and fair treatment that will effectively help the city meet
the following needs:
(1) Fairness, respect. Promote and develop an environment of fairness and respect among its citizens;
(2) Monitoring. Develop ways to measure and monitor community relations, particularly those that are
sources of intergroup conflict;
(3) Intergroup relations. Involve all segments of the community in understanding and appreciating the
benefits of positive intergroup relations;
(4) Issues. Offer a range of programs and services that will help its residents and neighborhoods prevent
and resolve issues of human relations; and
(5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving community tensions
arising from intergroup conflict.
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Legislative, Finance, and Administration Committee Meeting of July 8, 2013 Page 2
Committee Action Form - Dover Human Relations Commission
Sec. 58-36. - Powers and duties.
The powers and duties of the human relations commission shall be to:
(1) Recommendations. Review city programs, activities, functions and ordinances, and make
recommendations to the city council for new, amended or changed programs, functions, activities or
ordinances which would support inclusiveness and civility among city residents and enhance
communication and understanding among residents of the city;
(2) Intergroup conflicts. Inquire into incidents of intergroup conflicts and disputes within the city and
take such action as may be designed to alleviate such conflicts and disputes;
(3) Intergroup cooperation. Promote and encourage communications between and cooperation of all
groups interested in bettering human relations in the city;
(4) Complaints. Seek the active assistance of the state human relations commission in the solution of
complaints of alleged discrimination which fall within the jurisdiction of the state commission;
(5) Research, education, etc. Engage in such research, education and advocacy as, in the judgment of
the commission or the city council, may be needed to improve human relations in the city;
(6) Programs. Develop and maintain programs that build positive relations among communities and
enhance problem-solving skills among residents throughout the city;
(7) Other functions. Do all other acts and deeds necessary and proper to carry out and effectively
accomplish the objectives, functions and services contemplated by the provisions of this article.
2) If there is evidence of a continued necessity for the Commission, or if it is a duplication of services provided
by other agencies, committees, etc. within the City and/or State of Delaware.
(See Exhibit #2 - DHRC 2013 Meetings Summary; and Exhibit #6 - DHRC Intake Form Log - 2010-Present)
3) The possibility of amending Sec. 58-33 (c) - Meetings, of the Dover Code to limit the Commission to
meeting on an as needed basis, in the same manner as many other City committees, commissions and boards,
including the Awards Committee, Election Board, Ethics Commission, and Property Maintenance Code
Board of Appeals.
(See Exhibit #3 - List of Committees Which Meet as Needed)
4) The possibility of amending Sec. 58-32 (b) - Composition; appointment, of the Dover Code to reduce the
membership of the Commission from fifteen (15) to seven (7), which would maintain the threshold
originally proposed during the Dover Community Meeting of December 4, 2001.
(See Exhibit #4 - DHRC Membership Summary and List of Resignations 2010-2013)
5) Direct staff to prepare a Proposed Ordinance reflecting the recommendations of the Committee.
/dd
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ACTION FORM
PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 05/28/13
DEPARTMENT OF ORIGIN: City Council
PREPARED BY: Denise L. Devine, Assistant City Clerk, on Behalf of Councilman James Hutchison, Sr.
SUBJECT: Dover Human Relations Commission DATE SUBMITTED: 05/23/2013
RELATED PROJECT: N/A
APPROVALS: LF&A Committee and City Council
EXHIBITS: Dover Community Meeting Minutes (May 1, 2001 - December 4, 2001); Chapter 58 - Human
Relations, Article II - Human Relations Commission of the Dover Code
TIMETABLE: Direct staff to prepare a Proposed Ordinance reflecting the recommendation of the Committee
for First Reading by City Council during the Regular Meeting of June 10, 2013
RECOMMENDED ACTION: Councilman Hutchison requests that the Legislative, Finance, and
Administration Committee examine the role and performance of the Dover Human Relations Commission to
determine the following: 1) if the Commission is fulfilling its purpose; 2) if there is evidence of a continued
necessity for the Commission, or if it is a duplication of services provided by other agencies, committees, etc.
within the City and/or State of Delaware; 3) the possibility of amending Sec. 58-33 (c) - Meetings, of the Dover
Code to limit the Commission to meeting on an as needed basis, in the same manner as many other City
committees, commissions and boards, including the Construction Code Appeals Committee, Election Board,
Ethics Commission, and Property Maintenance Code Board of Appeals; 4) the possibility of amending Sec. 58-
32 (b) - Composition; appointment, of the Dover Code to reduce the membership of the Commission from fifteen
(15) to seven (7), which would maintain the threshold originally proposed during the Dover Community Meeting
of December 4, 2001; and 5) direct staff to prepare a Proposed Ordinance reflecting the recommendation of
the Committee for First Reading at City Council during the Regular Meeting of June 10, 2013 and Final Reading
on June 24, 2013.
BACKGROUND AND ANALYSIS
In 2001, two (2) incidents occurred during the month of March (one (1) involving the shooting of a police officer
in the Capital Green area, and one (1) involving the death of Mr. Reginald Hannah) which caused racial tension and
divisiveness within the City of Dover. As a result, Mayor Hutchison requested an Emergency Council Meeting to
discuss the conflicting issues involving the community, which was held on March 25, 2001. Subsequently, the
Delaware Human Relations Commission held a series of Dover Community Meetings throughout the year
(Exhibits), to begin a dialogue and develop objectives to restore and rebuild the community, together with all
citizens of Dover. Those in attendance at these Community Meetings worked to develop and prioritize a list of
issues as well as strategies and objectives for resolution.
During the Dover Community Meeting held on August 28, 2001, those present reviewed five (5) alternatives for
developing a forum for the community. During the Dover Community Meeting of September 25, 2001, Councilman
Eugene Ruane reviewed a list of what he felt the responsibilities of a local Human Relations Commission would
entail.
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Legislative, Finance, and Administration Committee Meeting of May 28, 2013 Page 2
Committee Action Form - Dover Human Relations Commission
During their Regular Meeting of February 22, 2002, Dover City Council adopted an ordinance establishing the City
of Dover Human Relations Commission.
The Commission was established to restore and rebuild the community, however, during the past several years, the
Commission has experienced low meeting attendance rates, by both members and citizens, and the Mayor and
Council have received resignations from numerous members. As a result, the Commission has experienced
difficulty in obtaining the required quorum of members to convene meetings and conduct official business.
Additionally, there is a lack of communication between the Commission and Council, as well as between the
Commission and members of City staff. The Commission has repeatedly jeopardized the City’s compliance with
the Freedom of Information Act (FOIA) through its disregard of requests to provide detailed meeting minutes.
Councilman Hutchison requests that the Legislative, Finance, and Administration Committee examine the role and
performance of the Dover Human Relations Commission to determine the following:
1) if the Commission is fulfilling its purpose;
2) if there is evidence of a continued necessity for the Commission, or if it is a duplication of
services provided by other agencies, committees, etc. within the City and/or State of Delaware;
3) the possibility of amending Sec. 58-33 (c) - Meetings, of the Dover Code to limit the
Commission to meeting on an as needed basis, in the same manner as many other City
committees, commissions and boards, including the Construction Code Appeals Committee,
Election Board, Ethics Commission, and Property Maintenance Code Board of Appeals;
4) the possibility of amending Sec. 58-32 (b) - Composition; appointment, of the Dover Code to
reduce the membership of the Commission from fifteen (15) to seven (7), which would
maintain the threshold originally proposed during the Dover Community Meeting of
December 4, 2001; and
5) direct staff to prepare a Proposed Ordinance reflecting the recommendation of
the Committee for First Reading at City Council during the Regular Meeting of
June 10, 2013 and Final Reading on June 24, 2013.
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EXCERPT FROM CITY COUNCIL MEETING MINUTES OF OCTOBER 22, 2001
HUMAN RELATIONS COMMITTEE UPDATE
Ms. Juana Fuentes-Bowles, Director of the Delaware State Division of Human Relations advised
members that a group of community members have worked diligently to begin dialogue, and develop
objectives and strategies to restore and rebuild the community. As an enforcement agency of the
State Human Relations Commission, she stated that there are many tasks one of which is to promote
amicable relationships among all racial ethnical groups in the State of Delaware. During the past
six (6) months, the State Human Relations Commission felt that due to the climate in the Dover
community, it was important to take necessary steps to develop strategies to avoid potential
escalating tension within the community.
Ms. Fuentes-Bowles relayed appreciation for those members of Council and staff that have been
participating in the meetings that have occurred for the past several months. As a result, she stated
that the group has identified seven (7) priority issues that need to be addressed, as follows:
1) concerns of citizens; 2) how citizens are viewed by local officials; 3) how citizens view the Dover
Police Department; 4) isolation; 5) Dover Police Department recruitment, promotions, retention, new
hires, minority group members, etc.; 6) role of the Capital School District; and 7) the media.
Referring to the first issue being citizens’ concerns, Ms. Fuentes-Bowles explained that citizens
feared that if they made a complaint, there would be adverse actions towards them, and that many
were not aware of how to make a complaint to the City or the Police Department. A Task Force was
developed in formulating a process to address these issues. On behalf of the Task Force, she
presented a new Citizen Complaint Form and Citizen Complaint Process Brochure to Chief Horvath
developed to be used by the City of Dover Police Department. It is hoped that the Chief, as well as
Mayor and Council will welcome and implement the form and brochure as a part of City policy.
On behalf of the Dover Police Department, Chief Horvath commended all those that worked on this
project and relayed assurance that the new form and brochure will be utilized, stating his feeling that
it will enhance the department’s public service.
Ms. Fuentes-Bowles advised members that the next Human Relations Commission’s meeting is
scheduled to be held on November 20, 2001 at 6:30 p.m. at the State DelDOT facility. The topic for
discussion is to consider the establishment of a local Human Relations Commission.
Council President McGlumphy thanked Ms. Fuentes-Bowles and the members of the Human
Relations Commission and other community participants for beginning the building of harmony in
the City and for taking positive action in this regard.
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Dover, Delaware, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 58 - HUMAN
RELATIONS >> ARTICLE II. - HUMAN RELATIONS COMMISSION >>
ARTICLE II. - HUMAN RELATIONS COMMISSION
Sec. 58-31. - Purpose.
Sec. 58-32. - Established; composition; appointment; representation; holding other office; removal from office; terms of
office; vacancies; reappointments.
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions; agreements; compensation;
legal counsel; reports.
Sec. 58-34. - Expenses.
Sec. 58-35. - Conflicts of interest.
Sec. 58-36. - Powers and duties.
Sec. 58-31. - Purpose.
The city council has deemed it to be in the best interest of the city to establish a human
relations commission to include members who are broadly representative of the entire community
and who are committed to a philosophy of inclusion, intergroup cooperation, and fair treatment that
will effectively help the city meet the following needs:
(1) Fairness, respect. Promote and develop an environment of fairness and respect
among its citizens;
(2) Monitoring. Develop ways to measure and monitor community relations, particularly
those that are sources of intergroup conflict;
(3) Intergroup relations. Involve all segments of the community in understanding and
appreciating the benefits of positive intergroup relations;
(4) Issues. Offer a range of programs and services that will help its residents and
neighborhoods prevent and resolve issues of human relations; and
(5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving
community tensions arising from intergroup conflict.
(Code 1981, § 2-16; Ord. of 2-11-2002)
Sec. 58-32. - Established; composition; appointment; representation; holding other
office; removal from office; terms of office; vacancies; reappointments.
(a) Established. There is hereby established an advisory commission to be known as the "City of
Dover Human Relations Commission," to carry out the objectives as described in this article.
(b) Composition; appointment. The commission shall consist of 15 members, all residents of the
city. Five of these members shall be appointed by the mayor and confirmed by the city
council. Ten of these members shall be appointed by the president of the council, based
upon recommendations from the council and confirmed by the council.
(c) Representation. In selecting the membership of the commission, the mayor and president of
the council and the council shall take particular care to ensure that the commission is broadly
representative of racial, religious, gender and ethnic groups residing in the city.
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(d) Holding other office; removal. No member of the commission shall hold any elected or
appointed office under the government of the United States or the state, county, or city. The
mayor or the city council president may remove members of the commission, with the
concurrence of the city council, for substantial neglect of duty, or gross misconduct in office.
(e) Terms of office; vacancies. A member of the commission shall be appointed for a term of
office of three years and until his successor has been appointed and has qualified. The
appointees shall be appointed for staggered terms of office. When a vacancy occurs in the
membership of the commission, it shall be filled by appointment for the unexpired portion of
the term in the same manner as the original appointment.
(f) Reappointments. Members may be reappointed.
(Code 1981, § 2-17; Ord. of 2-11-2002; Ord. No. 2010-23, 8-23-2010)
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of
functions; agreements; compensation; legal counsel; reports.
(a) Organization. The human relations commission shall annually elect its own chairperson to
preside over its meetings and may create and fill such other offices and committees among
its members as may be found necessary and proper for its effective organization.
(b) Quorum. A majority of the membership of the commission shall constitute a quorum and, if a
quorum is present, a vacancy on the commission shall not impair the right of the remaining
members to exercise all the powers of the commission.
(c) Meetings. The commission shall hold such meetings as may be deemed necessary for the
completion of its purposes, responsibilities and functions. Regular meetings shall be held at
least once per month unless there is no business to be considered by the commission.
Special meetings may be called by the chairperson or three members of the commission.
(d) Rules of procedure. The commission is also authorized to adopt rules of procedure for the
conduct of its meetings.
(e) Functions limited. The commission shall not involve itself in activities or functions already
assigned by law or decree to other governmental bodies.
(f) Agreements. The commission may enter into agreements and build partnerships with other
entities and organizations for the purpose of more efficiently and effectively carrying out its
responsibilities.
(g) Compensation. Members of the commission shall receive no compensation.
(h) Legal counsel. The city solicitor shall provide legal counsel to the commission and shall be
the legal representative of the commission in connection with its duties hereunder, on a case
-by-case basis, or determine that outside counsel is needed and obtain such outside counsel
for a particular matter.
(i) Reports. The commission shall make such reports to the mayor and city council as shall be
periodically necessary. An annual report of its accomplishments and a summary of its
recommendations, as appropriate, shall be sent to the mayor and the city council.
(Code 1981, § 2-18; Ord. of 2-11-2002)
Sec. 58-34. - Expenses.
(a) Budget. The city council may appropriate a budget for the city human relations commission
to provide for necessary expenses and expenditures.
(b)
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Other funding. The commission may also receive funding from other governmental,
philanthropic or private organizations for the exclusive purpose of carrying out its
responsibilities.
(Code 1981, § 2-19; Ord. of 2-11-2002)
Sec. 58-35. - Conflicts of interest.
If any member of the human relations commission concludes that he has a conflict of interest
with respect to a matter which is pending before the commission, that member shall disqualify
himself from participating in any deliberations, discussions and decision making processes of the
commission.
(Code 1981, § 2-20; Ord. of 2-11-2002)
Sec. 58-36. - Powers and duties.
The powers and duties of the human relations commission shall be to:
(1) Recommendations. Review city programs, activities, functions and ordinances, and
make recommendations to the city council for new, amended or changed programs,
functions, activities or ordinances which would support inclusiveness and civility
among city residents and enhance communication and understanding among
residents of the city;
(2) Intergroup conflicts. Inquire into incidents of intergroup conflicts and disputes within
the city and take such action as may be designed to alleviate such conflicts and
disputes;
(3) Intergroup cooperation. Promote and encourage communications between and
cooperation of all groups interested in bettering human relations in the city;
(4) Complaints. Seek the active assistance of the state human relations commission in
the solution of complaints of alleged discrimination which fall within the jurisdiction of
the state commission;
(5) Research, education, etc. Engage in such research, education and advocacy as, in
the judgment of the commission or the city council, may be needed to improve human
relations in the city;
(6) Programs. Develop and maintain programs that build positive relations among
communities and enhance problem-solving skills among residents throughout the city;
(7) Other functions. Do all other acts and deeds necessary and proper to carry out and
effectively accomplish the objectives, functions and services contemplated by the
provisions of this article.
(Code 1981, § 2-21; Ord. of 2-11-2002)
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DOVER HUMAN RELATIONS COMMISSION - 2013 MEETINGS SUMMARY
JANUARY 23, 2013
Four (4) members present - Sudler, Allen-Pyne, Wasfi, and Edamatsu
Five (5) members absent - (Senato), Hackett, White, Warfield, Baccio-Walker, and
Brewington
Vacancies (6)
( ) = in minutes (Mr. Senato resigned September 14, 2012)
= omitted from minutes
Adoption of Minutes of November 28, 2012
No Action Taken - Lack of a Quorum
Comments/Presentations from Members of the Community
There were no comments made at this time
Chair's Report
Chairman Sudler reported that on January 15, 2013 at approximately 7:30am, he attended the Capital
School District's School Board Meeting. There were two major concerns expressed by the parents
and teachers:
1) The need for strengthening how we teach and reach students with special needs in the
DCAS Testing.
2) The Contract Extensions and Specifications for Arthur Thomas with a two year renewal
contractual agreement.
PURPOSE: Not within the defined purpose or powers and duties of the Commission.
Chairman Sudler reported that on January 19, 2013 at approximately 7am a historical moment took
place in downtown Dover on Legislative Mall with the unveiling of the Martin Luther King
Boulevard street sign.
On January 21, 2013 Chairman Sudler reported that he attended the 30th Annual Martin Luther King
Prayer Breakfast in which he commented was highly attended and excellently done.
Committee Reports
School Programs: Commissioner Wasfi reported on the proposed "Study Circle" Project. This
is a five week project that would run for 2 hours for five consecutive weeks and should have
a minimum of 10 people participating. Commissioner Wasfi also advised that Don Blakely
agreed to be the Facilitator if he can fit it into his schedule. Sessions can be held at the Dover
Library on Saturday mornings from 10:00am to 12:00pm or during the week from 6:00pm to
8:00pm, if convenient for the Commissioners. It should also be noted that the Dover Library
does close at 9:00pm which could create an issue if the sessions run over.
PURPOSE: Difficult to determine the purpose without knowing more about the Study Circle
Project.
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 2
Community Programs: Commissioner Dawn Allen-Pyne- nothing to report at this time.
Assessment: Commissioner Edamatsu- nothing to report at this time.
Intake Forms: Commissioner Warfield - not present to report.
Brief discussion took place regarding intake forms. Commissioner Wasfi asked about the
Commissions role in intake form process. She stated that the intake forms provide a channel for the
citizens of Dover. It was suggested that a letter be drafted regarding the intake process.
Chairman Sudler stated that he would like to appoint Commissioner Wasfi as a liaison to get a point
of clarity.
Commissioner Wasfi stated that we need to respond to the Henry Fordham matter. She also
expressed the importance of letting Dr. Warfield know that those who were present for this
meeting share her concerns.
CITY CLERK’S OFFICE NOTE: The Commission was advised on October 3, 2012 that the City
of Dover and the DHRC should not be involved in this matter and that the complainant be
referred to the State Human Relations Commission or the Attorney General.
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions;
agreements; compensation; legal counsel; reports.
(e) Functions limited. The commission shall not involve itself in activities or functions already
assigned by law or decree to other governmental bodies.
New Business
2012 Annual Report:
(Final report must be submitted to the City Clerk's Office by 12:00 noon on February 1, 2013
for consideration by City Council at the regular Council Meeting on February 11, 2013}
[Chairman Sudler forwarded report to all of the Commissioners via email for review]
PURPOSE:
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions;
agreements; compensation; legal counsel; reports.
(i) Reports. The commission shall make such reports to the mayor and city council as shall be
periodically necessary. An annual report of its accomplishments and a summary of its
recommendations, as appropriate, shall be sent to the mayor and the city council.
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2013 MEETINGS SUMMARY PAGE 3
FEBRUARY 27, 2013
Seven (7) members present - Sudler, Allen-Pyne, Wasfi, Hackett, Brewington, White, and
Edamatsu
One (1) member absent - Baccio-Walker and (Warfield)
Vacancies (7)
( ) = in minutes (Ms. Warfield resigned on February 27, 2013)
= omitted from minutes
Agenda Additions & Deletions:
Chairman Sudler added item (a) Adoption of Minutes to the Agenda and items (b) Ad Hoc
Committee for Resolution Proposal (c) Ad Hoc Committee for Grant Proposal and (d)
Commissioners Wasfi report on her meeting with a Native American Chief to the New Business
section of the Agenda
CITY CLERK’S OFFICE NOTE: Unless considered an emergency, items are to be added to an
agenda at least six (6) hours in advance of the meeting.
Adoption of the Minutes of January 23, 2013
After reviewing the minutes of 1/23/13, Chairman Sudler asked for a motion to accept the minutes
Ellen Wasfi motioned to accept the minutes of January 23, 2013 with the proper corrections.
Dr. Linda Hackett second.
Motioned carried.
Adoption of the Minutes of November 28, 2012
After reviewing the minutes of 11/28/12, Chairman Sudler asked for a motion to accept the minutes
Dr. Edamatsu motioned to accept the minutes of November 28, 2012 with the proper corrections.
Vice Chair Dawn Allen-Pyne Second.
Motioned carried.
Commissioner Wasfi suggested that the Commissioners should draft a follow up letter to the
Dover Police Department in regards to Henry Fordham complaint that was mentioned in
November 28, 2012 minutes.
Commissioner Wasfi also suggest that we check with the State Human Relations Commission
to see if they received any information on this matter first and then ask if they would jointly
sign off on the letter of inquiry that will be sent to the Dover Police Department.
CITY CLERK’S OFFICE NOTE: The Commission was advised on October 3, 2012 that the City
of Dover and the DHRC should not be involved in this matter and that the complainant be
referred to the State Human Relations Commission or the Attorney General.
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 4
Presentation – Capital Mentoring Program:
Capital School District Mentor Coordinator, Steffi Holmes gave a presentation for the Capital School
District’s Mentoring Program. Miss Holmes informed the Commission that the program is geared
for children grades K-12. Mentors are loving adults from the community ages 18 and up who are
looking to make a positive impact in a child’s life. The program offers free 3 hour training session
every month for those who are interested in becoming a Mentor as well as free background checks
which are completed every two years. It is a 6 week process to become a Mentor. Ms. Holmes
concluded her presentation by handing out brochures and applications to everyone present and
personally inviting each Commissioner to join Capital School District’s Mentoring Program.
(Adjourned - 10 Minute Recess)
PURPOSE: In accordance with the following sections of the Dover Code:
Sec. 58-31. - Purpose.
(3) Intergroup relations. Involve all segments of the community in understanding and
appreciating the benefits of positive intergroup relations; and
Sec. 58-36. - Powers and duties.
The powers and duties of the human relations commission shall be to:
(3) Intergroup cooperation. Promote and encourage communications between and cooperation
of all groups interested in bettering human relations in the city;
(5) Research, education, etc. Engage in such research, education and advocacy as, in the
judgment of the commission or the city council, may be needed to improve human relations
in the city;
Comments/Presentations from Members of the Community:
There were no comments made at this time.
Chair’s Report:
Chairman Suddler reported that in February 2013 he worked on a letter that needed to be drafted to
the Mayor and City Council in regards to the intake form process and the Commissioners concerns.
That concluded the Chairman’s Report of February 2013.
Committee Reports:
School Programs
Commissioner Wasfi – mentioned that having the Study Circle at the Dover Library during
the week will not work being that the library closes at 8pm and not 9pm. It was suggested that
we facilitate the Study Circle on the weekends to avoid interruption in dialogue if we go over
time. After making observation it was noted that the Study Circle for the Commissioners
should to be more diverse both in race and gender.
PURPOSE: Difficult to determine the purpose without knowing more about the Study Circle
Project.
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 5
Community Programs:
Commissioner Dawn Allen-Pyne – nothing to report at this time.
Assessment:
Commissioner Edamatsu – nothing to report at this time.
Intake Forms:
Commissioner Warfield – not present to report.
New Business:
Annual Report – Commissioners reviewed final report that will be submitted at the next City Council
Meeting for Council approval.
Chairman Sudler asked for a motion to accept the 2012 Annual Report
PURPOSE: In accordance with the following section of the Dover Code:
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions;
agreements; compensation; legal counsel; reports.
(i) Reports. The commission shall make such reports to the mayor and city council as shall be
periodically necessary. An annual report of its accomplishments and a summary of its
recommendations, as appropriate, shall be sent to the mayor and the city council.
Commissioner Edamatsu motioned to accept the 2013 Annual Report with the proper corrections.
Dr. Hacket Second.
Motioned carried.
Chairman Sudler suspended items b, c and d that are listed below until our next meeting.
b. Ad Hoc Committee for Resolution Proposal
c. Ad Hoc Committee for Grant Proposal
d. Commissioners Wasfi report on her meeting with a Native American Chief
Announcements:
Chairman Sudler asked if all the Commissioners could show up for the March 11th City Council
Meeting at 7:30pm regards to acceptance and approval of the Dover Human Relations Commission
Annual Report.
Adjournment:
Commissioner Sudler asked for motion to adjourn the meeting
Commissioner Wasfi made motion for the meeting to be adjourned
Commissioner Edamatsu second.
Motion carried.
Meeting adjourned at 9:30pm
CITY CLERK’S OFFICE NOTE: The agenda stipulated an adjournment time of 9:00 p.m.
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 6
MARCH 27, 2013
Six (6) members present - Sudler, Wasfi, Hackett, Brewington, White, and Edamatsu
Two (2) members absent - Allen-Pyne, and Baccio-Walker
Vacancies (7)
= omitted from minutes
Adoption of the Minutes of February 27, 2013
Chairman Sudler asked for a motion to accept the minutes of February 27, 2013.
Commissioner Ellen Wasfi motioned to accept the minutes of February 27, 2013 with the proper
corrections.
Commissioner White second.
Motioned carried.
Comments/Presentations from Members of the Community:
There were no comments made at this time.
Chair’s Report:
Chairman Sudler reported that on March 25, 2013 at approximately 8:33 p.m., he presented to the
Mayor and City Council of Dover, Delaware the Dover Human Relations Commission’s Annual
Report for 2012. The PowerPoint presentation content consisted of the following:
1. Origin of the Commission
2. Enabling Legislative Powers and Duties
3. Operating Procedural Flow Chart
4. Intake Forms Reported
5. Complaint Against DHRC
6. DHRC Concerns
7. Certificates of Training
8. Special Forum on How to Report Hate Crimes
9. Proposed Resolution and Funding
10. Questions
The DHRC Annual Report for 2012 and PowerPoint Presentation were accepted by a unanimous
vote. Councilman David Anderson made a motion to forward the Cessation of Illegal Gang
Formation in Dover, Delaware Resolution to the proper committee for consideration of
adoption for the City of Dover. There were no questions asked from the Mayor or City Council
Members. At this meeting Dr. Wilma Mishoe was honored and recognized by the City of Dover for
being inducted into the Women’s Hall of Fame for the State of Delaware. Congratulations were
given to Dr. Wilma Mishoe and other individuals recognized on March 25, 2013.
That concluded the Chair’s report.
CITY CLERK’S OFFICE NOTE: To date, the Commission has not approved the draft resolution.
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 7
Committee Report:
School Programs
Commissioner Wasfi – nothing to report at this time.
Community Programs:
Commissioner Dawn Allen-Pyne – not present to report at this time.
Assessment:
Commissioner Edamatsu – nothing to report at this time.
Intake Forms:
Chairman Sudler asked if anyone was interested in fulfilling the Intake Form Chair position.
Commissioner Brewington asked, what were the duties of the Intake Form Chairperson?
Chairman Sudler and Commissioner Wasfi described the various duties of an Intake Chairperson.
New Business:
Formation of an Ad Hoc Committee for Resolution Proposal – Chairman Sudler asked if
anyone was interested in overseeing this Committee.
Formation of an Ad Hoc Committee for Grant Proposal– Chairman Sudler asked if anyone
was interested in heading up this Committee.
Commissioners Wasfi report on her meeting with a Native American Chief
Chairman Sudler deferred item (c) until the City Clerk places it on the agenda.
CITY CLERK’S OFFICE NOTE: Other than the minutes, this request was not communicated
directly.
Dr. Hackett stated that she was upset about the article in March 27, 2013 Dover Post.
Dr. Hackett made a motion to address the article in the newspaper
Dr. Edamatsu second
Dr. Hackett amended the motion to address the facts used in the article in the newspaper
Commissioner White second
Chairman Sudler advised that the Commissioners should go back to the person who appointed
them and express their concerns of how Commissioners not wanting to participate because of
lack of follow-up.
Chairman Sudler made motion that we look for a location to have an outreach meeting or assist Vice
Chair Pyne. Chairman Sudler also stated that if there is an event you would like to see the
Commission participate let DHRC know of the event.
Commissioner White second
Motion carried unanimously
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 8
Announcements:
Commissioner Wasfi made an announced that November is Native American Month and
stated she would like to draft a resolution. Commissioner Wasfi asked if there was a single file
for all resolutions DHRC passed. Chairman Sudler said he will check with the City Council office.
CITY CLERK’S OFFICE NOTE: Other than the minutes, this request was not communicated
directly.
It was also announced that Kent Count League of Women Voters held a meeting Document of
Discovery. They will be showing a film of Women in the Military in April.
Edamatsu announced March is Woman’s History Month and mentioned a resolution. Commissioner
Sudler asked Dr. Edamatsu if she would be the liaison to find out if the previous Chair has a file of
past resolutions.
Dr. Hackett announced the release of the new movie God’s Amazing Grace that was filmed at
Calvary Baptist Church.
APRIL 24, 2013
Four (6) members present - Sudler, Allen-Pyne, Wasfi, Hackett, Brewington, and White
Two (2) members absent - Edamatsu, and Baccio-Walker
Vacancies (7)
= omitted from minutes
Commissioner Wasfi motioned to have Approval of Minutes automatically placed on agenda as item
number three on the agenda.
Vice Chairman Dawn Allen-Pyne second
Motioned Carried.
CITY CLERK’S OFFICE NOTE: The minutes were not placed on the agenda for approval
because they had not been provided for the meeting packet. The Clerk’s Office received the
minutes from Ms. Talton on April 29, 2013.
Comments/Presentations from Members of the Community: There were no comments made at
this time.
Chair's Report:
Chairman Sudler asked the Commissioners to review the Chair's Report. Chairman Sudler advised
that the Flow Chart that was presented at the meeting he attended will be presented to the
Commissioners at the next meeting. Chairman Sudler reported that on April 13, 2013 at
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 9
approximately 8:30 p.m. to 3:00 pm he participated in the Delaware Department of Justice Crime
Free Multi-Housing Program Training which reviewed:
• City of Dover's Property Inspection Tips
• Best Practices For Landlords
• Best Eviction Process For Landlords
• Fair Housing and Tenant Screening Techniques
On April 16, 2013 at approximately 5:46pm, a resident of Dover inquired about the process for filing
an intake form with the Dover Human Relations Commission. Chairman Sudler explained to the
person to the process and gave them an intake form.
On April 17, 2013 at approximately 11:17am, Chairman Sudler was contacted by a resident of Dover
who recently inquired about the Intake process for DHRC on April 16, 2013. The resident is
working on a statement of events to file as an intake form with DHRC.
DHRC-(PO) Case #01.2013-04-17
[01=Number of Cases 2013=Year-04=Month-17Day]
On April 22, 2013 at approximately 8:30pm, Chairman Sudler spoke with Chief James E. Hosfelt
of the Dover Police Department and Ann Marie Townsend, City Developer and both individuals
agreed to participate in a special forum titled Landlord's and Tenant's Obligation to Adhere to New
City Ordinance #2013-04 Sec 22-331 (Purpose, Applicability, Definition and Compliance).
On March 25, 2013 at approximately 7:47pm, Chairman Sudler presented the following items for
review of content of the Speech Flowchart for Annual Presentation.:
• ORIGIN OF THE DHRC
In the year 2001, a Resident of Dover, Delaware named Reginald L. Hannah age 39, died while in
custody of the Dover Police during a routine traffic stop. Reginald L. Hannah's controversial death
accompanied by death threats and shots fired towards Dover Police Officers, in result, sparked racial
tension and intergroup conflict between most Caucasian and African American Communities.
In an effort to relieve the racial tension in Dover, Delaware; Director of the State Human Relations
Commission in 2001, Juana Fuentes-Bowles, NAACP, IMA, Councilman James Hutchison who was
at that time was Mayor James Hutchison, Councilman Wallace R. Dixon, at that time Elder Wallace
R. Dixon and myself Roy Sudler, Jr. all participated on the "Dover Community Harmony Panel"
which helped to create the Dover Human Relations Commission.
The issues, strategies, objectives and clergy involvement is provided for review in your annual report
packet.
2. Enabling Legislative Powers and Duties
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 10
Of the Dover Human Relations Commission is Pursuant to Chapter 2 - Administrative, Article I,
Division 6, Section 2 - 21 and Article II Section 58 - 31 Titled Human Relations Commission's
Purpose;
(1) Fairness and Respect among all citizens of Dover
(2) Monitoring and developing ways to measure community relations particularly
those that are a source of intergroup conflict
(3) Involve all segments of the community in understanding and appreciating the
benefits of positive intergroup relations
(4) Offer a range of programs and services that will help its residents and
neighborhoods prevent and resolve issues of human relations; and
(5) Develop ways of anticipating, preparing for, and relieving community tensions
arising from intergroup conflict.
• The Commission Members are [Look at Slide]
We will now review item #3
3. The Commission's Meeting and Procedural Flowchart
States that once the Commission has received an Intake Form from a Resident of Dover, it is
then submitted to the City Clerk's Office for a case number and placed on the Commission's
Business Meeting Agenda under New Business, ten [10] days prior to the next scheduled
meeting.
Pursuant to the Flowchart, the Commission is responsible and charged with investigating the
facts, merit and jurisdiction of the complaint in a hearing session.
The Commission only hears both parties testimony and does not make a decision during the
night of the hearing.
The Commission's Recommendation for Action and Jurisdiction is assessed at the
Decision-Making Meeting which is held at a later date determined by the Commission after
considering all of the facts and circumstance related to the complaint.
CITY CLERK’S OFFICE NOTE: Intake forms are not placed directly on the Commission
agenda; City staff reviews each intake form to determine the appropriate course of action, and
requests the opinion of the City Solicitor when necessary. In most cases, the intake forms
received involve matters that are not within the Commission’s jurisdiction.
We will now review item #4
4. 2012 INTAKE FORMS REPORTED
The first report was filed in January 2012, which involved an array of
1. 3/5 Index Cards that were disseminated on the streets of Down - Town Dover and
Delaware State University's Campus which displayed an image of a person of color hanging
by a rope tied to his or her neck from a tree with a racial slur statement saying,
"Cleaning Up the Streets One Nigger at a Time"
The second report was also filed in January 2012, which involved an
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 11
2. Alleged Excessive Force Complaint between a Dover Police Officer and a Dover
Resident. The witness to the alleged assault feared for his or her safety and chose not to report
the incident to Industrial Affairs for the Dover Police Department.
The third report was filed in September 2012, which involved an
3. Alleged Hanging Report that according to Henry Fordham, took place at Silver-Lake
Recreational Park located in Dover, Delaware on September 21, 2012.
On September 28, 2012, The Dover Human Relations Commission scheduled a Special
Roundtable Meeting for October 5, 2012, to hear the testimony of Mr. Henry Fordham.
[Please see Roundtable Agenda pg. 30, City Solicitor's Opinion pg.34 and 4th District
Councilmen Andersons Opinion on pg. 35 in Annual Report]
PURPOSE: The City Solicitor opined that the complaints alleged in these intake forms were not
within the jurisdiction of the Commission, in accordance with Sec. 58-33. - Organization;
quorum; meetings; rules of procedure; limitation of functions; agreements; compensation; legal
counsel; reports - (e) Functions limited. The commission shall not involve itself in activities or
functions already assigned by law or decree to other governmental bodies.
We will now review item # 5.
ITEM 5
Complaint against DHRC
On November 5, 2012, the City Clerk's Office and City Manager received an official complaint from
Mr. Eshed Alston a resident of Dover, who claims that the Commission is not investigating or
informing the Black Community of the factual existence of lynching activity in the City of Dover.
[Please review pg. 33 of Annual Report
Item 6
DHRC - CONCERNS:
The Dover Human Relations Commission is very concerned about the amount of intake forms
that indicate racial tension in the City of Dover being deferred out to other agencies for
investigation. Pursuant to Chapter 2 - Administrative, Article I, Division 6, Section 2 - 21 and
Article II Section 58 - 31 Titled Human Relations Commission's Purpose; the Commission has
been granted the Powers and Duties to investigate claims of unfair treatment and develop ways
to monitor intergroup conflict among all segments of the City of Dover.
The ambiguity of our purpose and constant deferrals of intake complaint forms followed by
constant ostracism from constituents of Dover regarding the Commission's lack of
investigating official intake complaint forms have unfortunately, contributed significantly to
the resignation of current and previous commission members, especially after hearing the
nature and urgency of resident's concerns and not being able to investigate the merit of their
complaint.
In an effort to avoid further resignations of current and future Commission Members, it is my
recommendation, as Chairman of the Dover Human Relations Commission, that the Mayor
and City Council of Dover, Delaware, conduct a Special Meeting with the Dover Human
Relations Commission, City Clerk's Office and City Solicitor in quest of interpreting Chapter
2 - Administrative, Article I, Division 6, Section 2 - 21 of the Dover Code and Article II.
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 12
Human Relations Commission, Sec. 58-31. Purpose: to mitigate or eradicate current and future
Commission Member's concerns and feelings of not fulfilling their duties as Commissioners
who advocate Human and Civil Rights for all segments of Dover, Delaware.
We will now review item # 7.
Item 7 Certificates of Training
Were received in the areas of
1) Title 25 State of Delaware's Landlord / Tenant Codes
This training covered key issues involving:
Fair Housing Initiatives
Landlord & Tenant's Remedies for Breach of Rules and Covenants; and
Zero-Tolerance Rules & Regulations for Subsidy Housing [HUD]
[Please refer to pg. 16 of your annual report packet]
The second training identified
2) How to Investigate and Prosecute Hate Crimes
The training covered an array of topics such as the need for Non-Governmental Organizations to be
more proactive and aware of the statutes and laws involving hate crimes.
" This training was the foundation of the Dover Human Relations Commission's Special
Meeting conducted on August 9, 2012
[Please review attachment for training outline on pg. 7 of your Annual Report Packet]
Item 8
********************************************************************
SPECIAL FORUM ON COMMUNITY AND STUDENT INVOLVEMENT IN REPORTING AND
RESOLVING HATE CRIMES IN COMMUNITIES AND HIGHER LEARNING INSTITUTIONS:
********************************************************************
Was a partnership initiative with the State Human Relations Commission, Delaware Department of
Justice, Delaware State University Police Department, Delaware State University's Counseling
Division, 31st District House of Representative Darryl Scott and the Dover Human Relations
Commission in accordance with Article II. Section 58 - 21 (1) Fairness \ Respect and (4) Prevent and
Monitor Human Relations in Dover, Delaware.
The forum focused on raising the awareness and involvement in resolving and reporting racial and
sexual orientation hate crimes in Dover and throughout the State of Delaware.
In addition, to review ethical remedies for dealing with emotional, spiritual, and social challenges
for victims of bias-motivated violence.
Some of the highlighted information discussed was Title 42 U.S.C. Code 3631 as a Hate Crime
covered under the State of Delaware's Title 11 Code 1304 Section (a) (2), selection of victim due to
race and sexual orientation.
Chief Prosecutor of Kent County, Delaware {Ken Haltom Esq.} from the Department of Justice
stated, "He knows that hate crimes occur more often than what is being reported and he feels and
understands the frustration that a person can experience, but he believes that forums such as this one
would help to promote healthy dialogue and change in the State of Delaware.
In fact, Chief Haltom shared with the Commission that out of 15 years of practicing law, this forum
was the first of its kind according to his experience, which he feels is a big change for him, one
which he embrace and is eager to be a big part of.
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 13
[Please Review Special Forum Minutes Located on pg. 18 - 29 Annual Report]
In conclusion of the Dover Human Relations Commission's 2012 Annual Report Presentation,
Item number 9 titled:
PROPOSED RESOLUTION AND FUNDING
was approved by the Commission on June 27, 2012,
The Commission's approval of the final resolution draft, titled:
Cessation of Illegal Gang Formation in Dover, Delaware, was due to the amount of complaints
and concerns from Dover Residents and Business Owners complaining about the enormous
amount of gang activity and graffiti growth in the City of Dover and throughout Kent County.
CITY CLERK’S OFFICE NOTE: CITY CLERK’S OFFICE NOTE: To date, the Commission
has not approved the draft resolution.
This Resolution was written as a plan of action to provide the City of Dover with additional
monetary resources and youth enrichment programs that will help eliminate illegal gang activity in
the City of Dover.
According to the City's Controller Mrs. Donna Mitchell, the City's Human Relations Commission
is the first Commission to seek or inquire about a grant on behalf of the City during her tenure with
the City of Dover.
The Principle of the Grant is provided by OJJDP, which promotes Defending Childhood Resource
Centers and Improving the Nation's Response to Children Exposed to Violence.
[Please turn to page 13 - 15 of the annual report and follow me as I read the resolution.]
DHRC - 2012 PROPOSED RESOLUTION & FUNDING
FOR CESSATION OF ILLEGAL GANG FORMATION IN DOVER, DELAWARE
***********************************************************
Whereas; The City of Dover, the State Capital, strives to be a model for all cities in Delaware and
the United States.
Whereas; The Mayor and City Council have granted Powers and Duties to the Dover Human
Relations Commission, Pursuant to Article II. Sec. 58-31.
Whereas; Article II Sec. 58-31 titles (2), (4) and (5) charges the DHRC with developing ways to
measure and monitor community relations and offer a range of programs and services that will help
Dover residents identify and resolve issues of human relations; anticipating, preparing for, and
relieving community tensions arising from intergroup conflict.(Code 1981, § 2-16; Ord. of
2-11-2002)
Whereas; The Dover Human Relations Commission through open discussion with members of the
community and the knowledge of local events has found that gun possession and illegal gang activity
is at an all-time high.
Whereas; Illegal gangs are a group of individuals consisting of three or more persons whose
demoralizing influence, common interest, attitude and graffiti signs significantly contribute to the
commission of disruptive behavior and criminal enterprises in the City of Dover.
Whereas; the number of illegal gang organizations in Dover and Kent County has increased over the
last few years, cultivating an environment of psychic imprisonment, mistrust and fear among citizens
of Dover.
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 14
Whereas; Illegal gang culture and activities have played a significant role in student dropout rates,
drug activity and random acts of violence, often leaving innocent bystanders paralyzed and
traumatized for life.
Whereas; Illegal gang graffiti promoting hate, fear and danger has defaced public and private sector
facilities, impeding home and business owner's rights to market or enjoy their property, without
unwelcomed and unauthorized graffiti signs.
Therefore, Be it Resolved; That the Residents of Dover, Delaware, the Mayor, City Council, Dover
Police Department, Delaware Department of Justice and the Dover Human Relations Commission
have observed with dismay the escalation of gang growth and development in our communities and
will merge resources and efforts to intensify the pursuit of eliminating illegal gang formation,
activities, and communication, including the display of graffiti signs in Dover, Delaware.
Be it Further Resolved; that we will accomplish this goal and establish a New Community and
Family Involvement Paradigm for Cessation of Illegal Gang Formation by
1. Cleaning up our streets together, showing resistance to illegal
gang formation and unwelcomed graffiti signs through unity and clear purpose;
2. Increasing individual's awareness and accountability for reporting known illegal gang activity
and \ or formation in your community.
3. Strengthening parent and family involvement in the childrearing and educational process
4. Implementing and supporting additional intervention and summer programs; and
5. Providing additional funding to the Dover Police Department through grant and other
resources to establish additional police stations in areas with high volumes of crime to protect Dover
residents from being a target of bias-motivated violence in the City of Dover.
As the year 2013 continues, the Dover Human Relations Commission looks forward to addressing
unfair treatment claims in an effort to promote and monitor amicable relations between all races in
the City of Dover.
On behalf of the Dover Human Relations Commission, we thank
The Mayor and Dover City Council Members for appointing each and every one of us, to serve the
Dover Community in such an imperative and essential way.
o That will conclude the Dover Human Relations Commission's 2012 Annual Report
Thank You. Are there any Questions???????????
That concluded the Chair's report.
Dr. Hackett commented that the report was very well done.
Chairman Sudler stated that the new Commissioners should express their concerns. He also
mentioned the problem with the turnover of Commissioners.
Dr. Hackett and Commissioner White mentioned that they attended the Mayors Reception and spoke
to the Mayor regarding more support.
Commissioner Wasfi mentioned that we should have a follow through with what was mentioned in
the Annual Report.
Committee Report:
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 15
School Programs
Commissioner Wasfi - nothing to report at this time.
Community Programs:
Commissioner Dawn Allen-Pyne - nothing to report at this time.
Assessment:
Commissioner Edamatsu - not present to report.
Intake Forms:
Chairman Sudler asked if anyone was interested in fulfilling the Intake Form Chair position.
Commissioner Brewington and Vice Chair Allen-Pyne agreed to oversee this position.
Commissioner White said she will help as needed.
Chairman Sudler appointed Commissioner Brewington and Vice Chair Allen-Pyne fill this position.
Dr. Hackett stated that the problem she sees is where people go in with an intake and the
Commissioners are not aware of it. She believes that we should be made aware and advised
if it was out sourced.
Commissioner Wasfi suggested that we need to inquire about obtaining a mailbox for the
Commission in order to receive incoming intake forms.
CITY CLERK’S OFFICE NOTE: The Clerk’s Office advises the DHRC of all action related to
intake forms.
Unfinished Business:
Formation of an Ad Hoc Committee for Grant Proposal - Chairman Sudler differed this until our
next meeting.
Formation of an Ad Hoc Committee for Resolution Proposal - Chairman Sudler differed this until
our next meeting.
New Business:
Commissioners Wasfi meeting with a Native American Chief - Commissioner Wasfi reported
that November is Native American Heritage Month and she is working on creating a
Resolution. She also reported that the League of Women Voters had a program of Document
of Discovery telling of the problems they face in society. Chief Dennis Coker will work with
the Commission on a Resolution. Commissioner Wasfi stated once we review the Document of
Discovery, we will see their struggles as a minority and as part of the community.
PURPOSE: In accordance with the following sections of the Dover Code:
Sec. 58-31. - Purpose.
(1) Fairness, respect. Promote and develop an environment of fairness and respect among its
citizens; and
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 16
Sec. 58-36. - Powers and duties.
(3) Intergroup cooperation. Promote and encourage communications between and cooperation
of all groups interested in bettering human relations in the city;
(5) Research, education, etc. Engage in such research, education and advocacy as, in the
judgment of the commission or the city council, may be needed to improve human relations
in the city;
Chairman Sudler asked if we can review the last part of his packet labeled "Landlord Tenants
Ordinance". Chairman Sudler stated that the Commissioners need to educate the community
on how they will be affected by this new ordinance.
Chairman Sudler mentioned that we should have a Special Forum.
Commissioner Wasfi said this ordinance was in the paper change and followed by Council.
Chairman Sudler ask for a motion to accept a Special Forum to go over Landlord Tenant
Ordinance
Commissioner White motioned
Commissioner Wasfi second
It was agreed up that on Wednesday, June 5, 2013 at 7pm this Special Forum will take place.
Chairman Sudler advised that Dover Chief of Police and Ann Marie Townsend said they will
attend such a forum to go over the new ordinances. This will be advertised in the newspaper
and Commissioner White will get the information for the press release from the Dover Post.
PURPOSE: In accordance with the following sections of the Dover Code:
Sec. 58-31. - Purpose.
(2) Monitoring. Develop ways to measure and monitor community relations, particularly those
that are sources of intergroup conflict;
(3) Intergroup relations. Involve all segments of the community in understanding and
appreciating the benefits of positive intergroup relations; and
Sec. 58-36. - Powers and duties.
The powers and duties of the human relations commission shall be to:
(3) Intergroup cooperation. Promote and encourage communications between and cooperation
of all groups interested in bettering human relations in the city;
(5) Research, education, etc. Engage in such research, education and advocacy as, in the
judgment of the commission or the city council, may be needed to improve human relations
in the city;
CITY CLERK’S OFFICE NOTE: The Clerk’s Office assisted Chairman Sudler with scheduling
a special meeting for June 13, 2013. Although copies of the agenda were provided for
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DOVER HUMAN RELATIONS COMMISSION
2013 MEETINGS SUMMARY PAGE 17
distribution, a flyer prepared by Mr. Sudler was also distributed. The flyer indicated the wrong
date for the meeting which created confusion for members as well as the community.
DHRC Community Meetings: Dr. Hackett was appointed by Chairman Sudler to oversee this task.
Chairman Sudler reported that Bible Way has agreed to allow the Commission to meet in their
basement for Community Meetings.
Commissioner White said Village II will also make their facility available.
Dr. Hackett said Calvary will let us use their facility.
Dr. Hackett stated that she will shoot for Sunday, June 23rd for the Commissions first visitation.
Scheduling of the Next Regular Meeting: May 22, 2013 @ 7pm at Dover City Hall
Announcements:
Commissioner Wasfi announced that the YMCA will be sponsoring a Race Relations Forum this
Saturday in Newark. She advised that she will email the announcement to the Commissioners.
Commissioner Wasfi also announced that April 26, 2013 is International Seed Day.
Chairman Sudler announced that the Department of Justice plans on having a document shredding
event on Saturday, May 4, 2013 from 9am to 1pm in DelDOT' S Administration Building parking
lot.
Adjournment:
Commissioner Sudler asked for motion to adjourn the meeting
Commissioner Wasfi made motion for the meeting to be adjourned
Vice Chair, Dawn Allen-Pyne second.
Motion carried.
Meeting adjourned at 9:10pm
CITY CLERK’S OFFICE NOTE: The agenda stipulated an adjournment time of 9:00 p.m.
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COMMITTEES WHICH MEET AS NEEDED
Awards committee. The awards committee shall consist of three members, to be appointed by the
mayor upon receipt of a nomination for a CDM and shall serve for deliberation of the nomination
for which they were appointed. The mayor shall designate a member to serve as chairperson, who
shall be responsible for organizing and calling the meetings of the awards committee. The awards
committee shall make recommendations to the city council for awards of the CDM. No city
employee, retired employee, volunteer firefighter, or appointed or elected official shall be eligible
to serve on the awards committee. The awards committee shall serve without compensation.
Election Board. There is hereby created an election board which shall be a non-elected body to
oversee the municipal elections, as well as to serve as an advisory board to Council on such
matters as voter registration, municipal elections, election rules and regulations, and polling
locations for City elections. The board shall be composed of five members, serving three-year
terms, to be appointed by the Mayor and confirmed by council at the Annual Meeting, or as
necessary to fill vacancies as they occur. One member shall be appointed from each district into
which the city has been divided for election purposes, and one member shall be appointed on an
at-large basis. The City Clerk shall serve as a liaison member of the board. Upon expiration of the
term of appointment, a member shall serve until his/her successor has been duly appointed. If a
vacancy occurs during the term of any member of the election board, a person residing in the same
numbered district shall be appointed to fill the remainder of said term. Members serve without
salary, but shall be paid a per diem allowance as specified by City ordinances.
Ethics Commission. Established; composition; removal. The city ethics commission is hereby
established to administer and implement this chapter. The ethics commission shall consist of five
members appointed by the mayor and confirmed by the city council. No member of the commission
shall hold any elected or appointed office under the government of the United States or the state,
county, or city. Members of the ethics commission may be removed by the mayor, with the
concurrence of the city council, for substantial neglect of duty, gross misconduct in office or a
violation of this chapter.
The powers and duties of the ethics commission shall be:
(1) Rules of conduct. To recommend to the mayor and council, from time to time, such rules of
conduct for public employees and officials as it shall deem appropriate.
(2) Advisory opinions. To issue written advisory opinions, upon the request of any city employee
or official, as to the applicability of this chapter to any particular factual situation.
(3) Referrals to solicitor. To refer to the city solicitor for investigation any alleged violation of
this chapter and, after notice and hearing, to recommend such disciplinary action as it may
deem appropriate to such appropriate official or agency as the ethics commission shall
determine, or to take such other disciplinary action as authorized by section 30-73(d) or other
provisions of the city Charter or this Code. The ethics commission may dismiss, without
reference to the city solicitor, any complaint which the ethics commission determines is
frivolous or fails to state a violation.
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Committees which Meet as Needed Page 2
(4) Report of crimes. To report to the appropriate federal, state or city authorities any substantial
evidence of a violation of any criminal law which may come to its attention in connection
with any proceeding, whether advisory or disciplinary.
(5) Records. To maintain a file of its proceedings, waiver decisions and advisory opinions with
a view toward achieving consistency of opinions and recommendations subject to the
confidentiality requirements of sections 30-35(d) and 30-73(h).
(6) Procedures. To follow the procedural rules specified in section 30-73 and to establish such
other procedural rules as shall be consistent with the rules prescribed therein.
(7) Witnesses, evidence. To subpoena witnesses, compel their attendance and testimony,
administer oaths and affirmations, take evidence and require, by subpoena, the production
of books, papers, records or other evidence needed for the performance of the ethics
commission's duties or exercise of its powers.
(8) Assistance to city personnel. To provide assistance to any city employee, official or agency
in administering the provisions of this chapter.
(9) Provide information. To prepare any necessary reports and studies to advance the purpose
of this chapter, to provide any necessary materials explaining the duties of individuals
covered by this chapter, and to supply instructions and public information materials to
facilitate compliance with, and enforcement of, this chapter.
(10) Request city agencies for assistance. To request appropriate city agencies to provide such
professional assistance as it may require in the discharge of its duties.
Sec. 30-73. - Complaints; hearings; dispositions.
(a) Investigation of violations. Upon the sworn complaint of any person or on its own initiative,
the ethics commission may refer to the city solicitor for investigation, any alleged violation
of the conflict of interest provisions and of the code of conduct provisions in sections 30-33
and 30-34, respectively. The city solicitor shall be the prosecuting attorney in all disciplinary
proceedings before the ethics commission. In any such investigation or proceeding, a
defendant shall be given an opportunity to be heard after notice, to be advised and assisted
by legal counsel, to produce witnesses and offer evidence, and to cross examine witnesses.
A transcript of any such proceeding shall be made and retained, subject to the confidentiality
requirements of this chapter.
(b) Omitted
(c) Omitted
(d) Actions by ethics commission. With respect to any violation with which a person has been
charged and which the ethics commission has determined as proved, the ethics commission
may take any one or more of the following actions:
(1) Reprimand. Issue a written reprimand or censure of that person's conduct.
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Committees which Meet as Needed Page 3
(2) Discipline. With respect to a city employee, remove, suspend, demote or take other
appropriate disciplinary action with respect to that person, without regard to any
limits imposed by this chapter, but within the limits of the constitution, the laws of
the state, the Charter of the city, and ordinances and existing collective bargaining
agreements.
(3) Recommend removal. With respect to an appointed official, recommend that
appropriate action be taken to remove the official from the appointed position.
(4) Recommend fine. With respect to an elected city official, recommend that such
official be fined in an amount recommended by the ethics commission.
(e) Rights of person charged. In any proceeding before the ethics commission, upon the request
of any person charged with a violation of this chapter, such person shall be permitted to
inspect, copy or photograph books, papers, documents, photographs or other tangible objects
which will be used as evidence against that person in a disciplinary hearing and which are
material to the preparation of his defense.
(f) Exculpatory information. In any proceeding before the ethics commission, if the city solicitor
or ethics commission at any time receives any exculpatory information concerning an alleged
violation against any person, it shall forthwith make such information available to such
person.
(g) Subpoenas. Any person charged with a violation of this chapter may apply to the ethics
commission for the issuance of subpoenas for the appearance of witnesses and for the
production of documents on his behalf. The application shall be granted upon a concise
showing by such person that the proposed testimony or evidence is relevant (or is reasonably
calculated to lead to the discovery of relevant evidence) and is not otherwise available. The
application shall be denied if not made at a reasonable time or if the testimony or evidence
would be merely cumulative.
(h) Confidentiality of proceedings.
(1) City employee. All proceedings before the ethics commission relating to a violation
of this chapter by a city employee shall be maintained confidential by the ethics
commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has
occurred.
(2) City official. All proceedings before the ethics commission relating to a violation of
this chapter by a city official, appointed or elected, shall be maintained confidential
by the ethics commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
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Committees which Meet as Needed Page 4
b. The ethics commission determines after a hearing that a violation has
occurred.
(3) Appeals; public inspection. Notwithstanding the confidentiality requirements of
subsections (h)(1) and (2) of this section, the ethics commission shall make available
for public inspection the record of all proceedings relating to any decision of the
ethics commission which is appealed to the superior court and the ethics commission
shall report to appropriate federal, state and/or city authorities any substantial
evidence of a violation of any criminal law which comes to its attention in connection
with any proceeding under this chapter.
(4) Confidentiality procedures. The chairperson of the ethics commission shall, with the
approval of the ethics commission, establish such procedures as, in the chairperson's
judgment, may be necessary to prevent the disclosure of any record of any
proceedings or other information received by the ethics commission, except as
permitted by this chapter.
Sec. 30-74. - Judicial review.
In the event that the ethics commission finds that any person has violated any provision of this
chapter, said person shall have a right of appeal to the superior court of any such finding, and of any
sanctions imposed with respect thereto, by filing a notice of appeal with the superior court within
30 days of the final action by the ethics commission in a particular case. The appeal shall be on the
record without a trial de novo. If the court determines that the record is insufficient for its review,
it shall remand the case to the ethics commission for further proceedings on the record. The court's
review, in the absence of actual fraud, shall be limited to a determination of whether the ethics
commission's decision was supported by substantial evidence on the record. The burden of proof in
any such appeal shall be on the appellant.
Property Maintenance Code Board of Appeals. There shall be a board to be referred to as the
"property maintenance code board of appeals," consisting of three members, one of whom shall be
the city manager, one a resident generally selected as a representative of homeowners, and one
representative of the local real estate industry association. The members shall be appointed by the
mayor, subject to confirmation of a voting majority of the city council at its annual meeting.
Decisions of the board shall be final.
/tm
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DOVER HUMAN RELATIONS COMMISSION
MEMBERSHIP SUMMARY AND LIST OF RESIGNATIONS 2010-2013
Current Membership Names and Term Expiration, as of June 17, 2013
Mayor Appointments:
Roy Sudler, Jr., Chairman (2/14)
Justina Brewington (2/13)
Linda D. Hackett (2/15)
Richard Senato (2/15) VACANCY
G. Thomas Steele (2/12) VACANCY
Council President Appointments:
Dawn Allen-Pyne (2/14)
Anlee Baccio-Walker (2/14)
Dr. Phyllis Edamatsu (2/13)
Ellen O. Wasfi (2/12)
Faye White (2/13)
Willie Jones (2/13) VACANCY
Catherine M. Gregory (2/10) VACANCY
Reverend Charles Lee MacCallum (2/13) VACANCY
A. Aaron Yatskevich (2/15) VACANCY
Kim Warfield (2/13) VACANCY
DHRC Resignations 2010-2013
2010
Katrina Brumble, August 2007 - February 2010
Brian Lewis, October 2008 - February 2010
Catherine Gregory, January 2009 - February 2010
Mark Monroe, October 2008 - September 2010
Ivan Finney, October 2006 - October 2010
2011
Charles Lee MacCallum, October 2010 - May 2011
Catherine Gregory, July 2010 - August 2011
Maisha Britt, July 2010 - October 2011
2012
A. Aaron Yatskevich, November 2011 - February 2012
Willie Jones, July 2010 - March 2012
Richard Senato, January 2012 - September 2012
2013
Kim Warfield, November 2011 - February 2013
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2010-2013.wpd
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DOVER HUMAN RELATIONS COMMISSION
INTAKE FORM LOG
2010 - PRESENT
DATE FILED BY/ SUBJECT MATTER LEGAL OPINION CLERK’S OFFICE ACTION CONTACT
RECEIVED CONTACT PERSON
by Clerk’s PERSON NOTIFIED
Office
01/01/2010 Maurice Parker Allegation of discrimination by Case is a private matter between Notified Mr. Parker that this 10/20/2010
Delaware State University - Mr. Parker and Delaware State matter was not within the
employment termination University jurisdiction of the DHRC
04/01/2010 Peter Andile Complaint against City of Dover Strongly advised that the Notified Mr. Ntozake that the 08/26/2010
Ntozake Inspections Officer / appeal of Commission not discuss this proper venue to appeal property 10/25/2010
property maintenance code matter. maintenance code violations is
violations through the City of Dover
Property Maintenance Code Board
of Appeals
12/30/2010 Marsha Allegation of discrimination - Case is a private matter between Notified Ms. Misenheimer that 01/18/2011
Misenheimer employment termination Ms. Misenheimer and Carmike this matter was not within the
Cinema jurisdiction of the DHRC
05/10/2011 Nina Shahin Allegation of discrimination based Not within DHRC jurisdiction Notified Ms. Shahin that this 05/12/2011
on race and national origin of the matter was not within the
City’s Board of Assessments in its jurisdiction of the DHRC
2009 assessments of real estate
properties located on Shinnecock
Road in Fox Hall West
01/03/2012 Joe Burden, Jr. Request for investigation in the Not within DHRC jurisdiction; Documents attached to intake 01/27/2012
downtown area and suggestion for should not discuss form were part of an ongoing
a forum on racial/cultural police investigation and forwarded
awareness and sensitivity to to the Dover PD Criminal
highlight and discuss racial issues Investigations Unit. Referred
in the Dover area... Mr. Burden to contact the PD.
DHRC members considered his
suggestions regarding a forum
during their meeting of
02/22/2012
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DHRC - INTAKE FORM LOG - 2010-PRESENT Page 2
DATE FILED BY/ SUBJECT MATTER LEGAL OPINION CLERK’S OFFICE ACTION CONTACT
RECEIVED CONTACT PERSON
by Clerk’s PERSON NOTIFIED
Office
01/03/2012 William Copeland CONFIDENTIAL Not within DHRC jurisdiction; Intake form was forwarded to 01/27/2012
should not discuss Lt. Benton Counselman, Internal Confidential
Affairs, Dover PD. Mr. Copeland Correspondence
was provided Lt. Counselman’s
information.
09/27/2012 Henery Fordham; Allegations of attempted murder. Not within DHRC jurisdiction; Mr. Sudler and Dr. Warfield were
Lida Darling; and should not discuss. Suggested that provided Mr. Rodriguez’ legal
Anna Watson the complainant be directed to opinion on 10/03/2013.
speak with the DSHRC or the
Attorney General’s Office.
06/03/2013 Joybeth I. Guy Alleging unfair housing practices Not within DHRC jurisdiction; (07/02/13) As recommended by 07/02/2013
against the Dover Housing should not discuss the DSHA, City Clerk forwarded
Authority and Colonial to DSHRC, DDJCPU, and HUD
Investment Public Housing
Program (06/10/13) Forwarded to Delaware 06/10/2013
State Housing Authority Director;
Council on Housing
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