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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA September 26, 2011 - 5:30 P.M. - Council Chambers - City Hall - City of Dover 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. Discontinuation of Pay for Performance (PFP) Evaluation Form and Review of Proposed Evaluation Form (Deferred by Committee on August 22, 2011 Due to Time Constraints) 2. Recommendation of the Health Benefits Committee Regarding Elimination of Medicare Part B Reimbursements for Current Non-Bargaining Employees (Referred to Committee by LF&A on June 27, 2011) 3. Proposed Resolution No. 2011-11 - Request to General Assembly to Amend the City of Dover Charter - Length of Terms for Mayor and Council (Deferred by Committee on August 22, 2011 Due to Time Constraints) (Tabled by Committee on 9/12/11 Pending Additional Review of the 2005 Charter Review Committee Recommendations) 4. Presentation by Downtown Dover Partnership (DDP) A. Recent Grant Award in the Amount of $3M B. Status of $1.3M Loan for 120 S. Governors Avenue C. Future Plans 5. Discussion - Historical Perspective of Economic Development Office 6. Review of Cell Phone Use 7. Review of Take-Home Vehicle Use 8. Review, Consolidation and/or Elimination of City Committees, Commissions, and Boards - Dover Human Relations Commission 9. Proposed City of Dover Prescription Assistance Plan 10. Public Comment Period 11. Adjournment by 7:00 P.M. /tmS:\AGENDAS & MINUTES\Committee-Agendas\2011\09-26-2011 LF&A.wpd 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.

Memorandum Interim City Manager P. O. Box 475 City Hall/ The Plaza Dover, Delaware 19903-0475 Phone: (302) 736-7026 Fax: (302) 736-4217 E-mail: skoenig@dover.de.us TO: Legislative, Finance and Administration Committee Members FROM: Scott D. Koenig, P.E. Interim City Manager DATE: September 20, 2011 SUBJECT: Discontinuation of Pay for Performance (PFP) Evaluation Form and Review of Proposed Evaluation Form Please find the following attached items for review and discussion: 1. Current City of Dover Pay for Performance Evaluations Non-Council Appointed Positions 2. Current City of Dover Pay for Performance Evaluations Council Appointed Positions (highlighted items differentiate between #1 & #2) 3. Sample State of Delaware Employee Performance Review 4. Sample Dover Police Department Civilian Employee Evaluation Form SDK/yml Attachments

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Memorandum Human Resources Department 15 Loockerman Plaza P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7790 FAX: (302) 736-7093 E-mail: khawkins@dover.de.us To: Legislative, Finance and & Administration Committee From: Kim Hawkins, Human Resources Director Date: September 16, 2011 Subject: Medicare Part B Reimbursement for Current Non-Bargaining Employees During the August 16, 2011 meeting of the Health Benefits Committee, I advised members that during the Legislative, Finance, and Administration Committee meeting of June 27, 2011, committee members recommended that the proposal to eliminate Medicare Part B reimbursement for current non-bargaining employees be referred to the Health Benefits Committee for their review and consideration by September 1, 2011. A recommendation from the Health Benefit Committee was then to be brought back to the Legislative, Finance and Administration Committee. During the August 16, 2011 meeting of the Health Benefits Committee the proposal to eliminate the Medicare Part B reimbursement for current non-bargaining employees was reviewed, as recommended. Discussion of a cap of $200 was addressed; however, a motion was made, and seconded, to recommend that the Medicare Part B reimbursements for non-bargaining employees remain unchanged. The motion carried by a vote of five (5) yes, three (3) no, one (1) abstention and one (1) absent. The minutes from the June 27, 2011 Legislative, Finance and Administration meeting as well as the minutes from the August 16, 2011 Health Benefit Committee are attached for your review. /hf Attachments cc: Scott Koenig, Interim City Manager Donna Mitchel, Controller City Clerk’s Office \Medicare Part B\HBC Recommendation.docx

History and Projection for Medicare Part B Premiums 37 Year History of Medicare Part B Projection of Medicare Part B @ 8.6% Projection of Medicare Part B @ 5.6% Monthly Monthly Monthly Year Premium % Change Year Premium % Change Year Premium % Change 1975 $6.60 2012 $125.32 8.6% 2012 $121.86 5.6% 1976 $7.20 9.1% 2013 $136.10 8.6% 2013 $128.69 5.6% 1977 $7.70 6.9% 2014 $147.81 8.6% 2014 $135.89 5.6% 1978 $8.20 6.5% 2015 $160.52 8.6% 2015 $143.50 5.6% 1979 $8.70 6.1% 2016 $174.32 8.6% 2016 $151.54 5.6% 1980 $9.60 10.3% 2017 $189.31 8.6% 2017 $160.03 5.6% 1981 $11.00 14.6% 2018 $205.60 8.6% 2018 $168.99 5.6% 1982 $12.20 10.9% 2019 $223.28 8.6% 2019 $178.45 5.6% 1983 $12.20 0.0% 2020 $242.48 8.6% 2020 $188.44 5.6% 1984 $14.60 19.7% 2021 $263.33 8.6% 2021 $199.00 5.6% 1985 $15.50 6.2% 2022 $285.98 8.6% 2022 $210.14 5.6% 1986 $15.50 0.0% 2023 $310.57 8.6% 2023 $221.91 5.6% 1987 $17.90 15.5% 2024 $337.28 8.6% 2024 $234.33 5.6% 1988 $24.80 38.5% 2025 $366.29 8.6% 2025 $247.46 5.6% 1989 $31.90 28.6% 2026 $397.79 8.6% 2026 $261.32 5.6% 1990 $28.60 -10.3% 2027 $432.00 8.6% 2027 $275.95 5.6% 1991 $29.90 4.5% 2028 $469.15 8.6% 2028 $291.40 5.6% 1992 $31.80 6.4% 2029 $509.50 8.6% 2029 $307.72 5.6% 1993 $36.60 15.1% 2030 $553.32 8.6% 2030 $324.95 5.6% 1994 $41.10 12.3% 2031 $600.90 8.6% 2031 $343.15 5.6% 1995 $46.10 12.2% 2032 $652.58 8.6% 2032 $362.37 5.6% 1996 $42.50 -7.8% 2033 $708.70 8.6% 2033 $382.66 5.6% 1997 $43.80 3.1% 2034 $769.65 8.6% 2034 $404.09 5.6% 1998 $43.80 0.0% 2035 $835.84 8.6% 2035 $426.72 5.6% 1999 $45.50 3.9% 2036 $907.72 8.6% 2036 $450.61 5.6% 2000 $45.50 0.0% 2037 $985.78 8.6% 2037 $475.85 5.6% 2001 $50.00 9.9% 2038 $1,070.56 8.6% 2038 $502.49 5.6% 2002 $54.00 8.0% 2039 $1,162.63 8.6% 2039 $530.63 5.6% 2003 $58.70 8.7% 2040 $1,262.61 8.6% 2040 $560.35 5.6% 2004 $66.60 13.5% 2041 $1,371.20 8.6% 2041 $591.73 5.6% 2005 $78.20 17.4% 2042 $1,489.12 8.6% 2042 $624.87 5.6% 2006 $88.50 13.2% 2043 $1,617.19 8.6% 2043 $659.86 5.6% 2007 $93.50 5.6% 2044 $1,756.26 8.6% 2044 $696.81 5.6% 2008 $96.40 3.1% 2045 $1,907.30 8.6% 2045 $735.83 5.6% 2009 $96.40 0.0% 2046 $2,071.33 8.6% 2046 $777.04 5.6% 2010 $110.50 14.6% 2047 $2,249.47 8.6% 2047 $820.55 5.6% 2011 $115.40 4.4% 2048 $2,442.92 8.6% 2048 $866.50 5.6% 2049 $2,653.01 8.6% 2049 $915.03 5.6% Historical Avg. Annual Increase 8.6% 2050 $2,881.17 8.6% 2050 $966.27 5.6% Last 5 Year Avg. Annual Increase 5.6% 2051 $3,128.95 8.6% 2051 $1,020.38 5.6% 2052 $3,398.04 8.6% 2052 $1,077.52 5.6% 2053 $3,690.27 8.6% 2053 $1,137.86 5.6%

City of Dover Projection for Medicare B Premium Reimbursements with 5.6% inflation & all annual premiums increasing based on new rates each year Non-Bargaining Vested Non-Bargaining Non-Vested Eligible Cumulative Amount of Amount of Eligible Cumulative Amount of Amount of Employees Mortality Retirees/ Annual Budget for Employees Mortality Retirees/ Annual Budget for Annual Year Turning 65 Reductions Employees Increase Payments Turning 65 Reductions Employees Increase Payments Total 2010 $0.00 $0.00 2011 1 0 1 $1,384.80 $1,384.80 1 0 1 $1,384.80 $1,384.80 $2,769.60 2012 1 0 2 $1,539.90 $2,924.70 0 0 1 $77.55 $1,462.35 $4,387.05 2013 0 0 2 $163.78 $3,088.48 1 0 2 $1,626.13 $3,088.48 $6,176.96 2014 0 0 2 $172.95 $3,261.44 0 0 2 $172.95 $3,261.44 $6,522.87 2015 0 0 2 $182.64 $3,444.08 0 0 2 $182.64 $3,444.08 $6,888.15 2016 2 0 4 $3,829.81 $7,273.89 0 0 2 $192.87 $3,636.94 $10,910.83 2017 0 0 4 $407.34 $7,681.23 1 0 3 $2,123.98 $5,760.92 $13,442.15 2018 0 0 4 $430.15 $8,111.37 0 0 3 $322.61 $6,083.53 $14,194.91 2019 0 0 4 $454.24 $8,565.61 2 0 5 $4,623.48 $10,707.01 $19,272.63 2020 1 0 5 $2,741.00 $11,306.61 0 0 5 $599.59 $11,306.61 $22,613.22 2021 1 0 6 $3,021.13 $14,327.73 0 0 5 $633.17 $11,939.78 $26,267.51 2022 4 0 10 $10,889.08 $25,216.81 2 0 7 $5,711.99 $17,651.77 $42,868.58 2023 3 0 13 $9,400.83 $34,617.64 0 0 7 $988.50 $18,640.27 $53,257.90 2024 1 0 14 $4,750.61 $39,368.24 0 0 7 $1,043.85 $19,684.12 $59,052.36 2025 4 0 18 $14,082.58 $53,450.83 2 0 9 $7,041.29 $26,725.41 $80,176.24 2026 4 0 22 $15,536.37 $68,987.20 1 0 10 $4,632.40 $31,357.82 $100,345.02 2027 3 0 25 $13,797.44 $82,784.64 1 0 11 $5,067.42 $36,425.24 $119,209.88 2028 2 0 27 $11,629.59 $94,414.22 0 0 11 $2,039.81 $38,465.05 $132,879.28 2029 1 0 28 $8,979.84 $103,394.07 0 0 11 $2,154.04 $40,619.10 $144,013.16 2030 3 (1) 30 $16,103.57 $119,497.63 1 (1) 11 $4,789.30 $45,408.40 $164,906.03 2031 1 (1) 30 $6,769.42 $126,267.05 1 0 12 $4,005.22 $49,413.62 $175,680.67 2032 3 0 33 $17,230.10 $143,497.15 2 (1) 13 $10,079.16 $59,492.78 $202,989.93 2033 1 0 34 $12,627.75 $156,124.90 1 0 14 $4,793.94 $64,286.72 $220,411.62 2034 2 0 36 $18,441.11 $174,566.01 4 0 18 $22,996.28 $87,283.00 $261,849.01 2035 1 (2) 35 $12,126.70 $186,692.70 2 (1) 19 $13,744.25 $101,027.26 $287,719.96 2036 2 0 37 $13,379.49 $200,072.19 4 0 23 $23,341.94 $124,369.20 $324,441.40 2037 0 0 37 $11,204.04 $211,276.24 3 0 26 $24,095.18 $148,464.38 $359,740.62 2038 1 0 38 $17,861.41 $229,137.64 1 (2) 25 $11,574.34 $160,038.73 $389,176.37 2039 0 (1) 37 $11,446.91 $240,584.55 1 0 26 $5,519.25 $165,557.98 $406,142.53 2040 0 (1) 36 $6,826.08 $247,410.63 2 0 28 $22,719.65 $188,277.63 $435,688.26 2041 0 (4) 32 $2,677.39 $250,088.02 1 (2) 27 $14,874.70 $203,152.33 $453,240.35 2042 0 (3) 29 ($14,293.67) $235,794.35 1 0 28 $6,802.83 $209,955.16 $445,749.51 2043 0 (1) 28 ($7,548.20) $228,246.16 0 0 28 $11,757.49 $221,712.65 $449,958.80 2044 0 (5) 23 ($1,041.60) $227,204.56 1 (2) 27 $18,008.04 $239,720.69 $466,925.25 2045 0 (3) 20 ($28,269.16) $198,935.40 0 (1) 26 ($2,695.73) $237,024.96 $435,960.36 2046 0 (3) 17 ($16,600.38) $182,335.02 3 (1) 28 $31,999.89 $269,024.85 $451,359.87 2047 0 (2) 15 ($17,711.72) $164,623.30 0 0 28 $6,681.10 $275,705.95 $440,329.25 2048 0 (1) 14 ($10,037.30) $154,586.00 0 0 28 $15,439.53 $291,145.48 $445,731.48 2049 0 (3) 11 ($5,015.58) $149,570.42 1 (1) 28 $25,899.69 $317,045.18 $466,615.59 2050 0 (1) 10 ($23,407.54) $126,162.88 0 (1) 27 $6,236.84 $323,282.01 $449,444.89 2051 0 (3) 7 ($7,871.51) $118,291.37 0 (2) 25 $4,551.96 $327,833.98 $446,125.34 2052 0 (1) 6 ($29,164.26) $89,127.11 0 (1) 24 ($5,961.95) $321,872.03 $410,999.14 2053 0 (2) 4 ($9,970.50) $79,156.61 1 (4) 21 $13,947.98 $335,820.01 $414,976.62 42 (38) $4,812,851.46 41 (20) $5,058,559.69 $9,871,411.15 A mortality age of 83 for male and female was used for all analysis

City of Dover Projection for Medicare B Premium Reimbursements (with all eligible persons premiums @ $200 Cap) $ 200.00 Non-Bargaining Vested Non-Bargaining Non-Vested Eligible Cumulative Amount of Amount of Eligible Cumulative Amount of Amount of Employees Mortality Retirees/ Annual Budget for Employees Mortality Retirees/ Annual Budget for Annual Year Turning 65 Reductions Employees Increase Payments Turning 65 Reductions Employees Increase Payments Total 2010 0 $0.00 $0.00 0 $0.00 $0.00 $0.00 2011 1 0 1 $1,800.00 $1,800.00 1 0 1 $1,800.00 $1,800.00 $3,600.00 2012 1 0 2 $4,800.00 $6,600.00 0 0 1 $0.00 $1,800.00 $8,400.00 2013 0 0 2 $0.00 $6,600.00 1 0 2 $2,400.00 $4,200.00 $10,800.00 2014 0 0 2 $0.00 $6,600.00 0 0 2 $0.00 $4,200.00 $10,800.00 2015 0 0 2 $0.00 $6,600.00 0 0 2 $0.00 $4,200.00 $10,800.00 2016 2 0 4 $4,800.00 $11,400.00 0 0 2 $0.00 $4,200.00 $15,600.00 2017 0 0 4 $0.00 $11,400.00 1 0 3 $2,400.00 $6,600.00 $18,000.00 2018 0 0 4 $0.00 $11,400.00 0 0 3 $0.00 $6,600.00 $18,000.00 2019 0 0 4 $0.00 $11,400.00 2 0 5 $4,800.00 $11,400.00 $22,800.00 2020 1 0 5 $2,400.00 $13,800.00 0 0 5 $0.00 $11,400.00 $25,200.00 2021 1 0 6 $2,400.00 $16,200.00 0 0 5 $0.00 $11,400.00 $27,600.00 2022 4 0 10 $9,600.00 $25,800.00 2 0 7 $4,800.00 $16,200.00 $42,000.00 2023 3 0 13 $7,200.00 $33,000.00 0 0 7 $0.00 $16,200.00 $49,200.00 2024 1 0 14 $2,400.00 $35,400.00 0 0 7 $0.00 $16,200.00 $51,600.00 2025 4 0 18 $9,600.00 $45,000.00 2 0 9 $4,800.00 $21,000.00 $66,000.00 2026 4 0 22 $9,600.00 $54,600.00 1 0 10 $2,400.00 $23,400.00 $78,000.00 2027 3 0 25 $7,200.00 $61,800.00 1 0 11 $2,400.00 $25,800.00 $87,600.00 2028 2 0 27 $4,800.00 $66,600.00 0 (1) 10 ($1,800.00) $24,000.00 $90,600.00 2029 1 0 28 $2,400.00 $69,000.00 0 0 10 $0.00 $24,000.00 $93,000.00 2030 3 0 31 $7,200.00 $76,200.00 1 0 11 $2,400.00 $26,400.00 $102,600.00 2031 1 (1) 31 $0.00 $76,200.00 1 0 12 $2,400.00 $28,800.00 $105,000.00 2032 3 (1) 33 $3,000.00 $79,200.00 2 (1) 13 $2,400.00 $31,200.00 $110,400.00 2033 1 0 34 $2,400.00 $81,600.00 1 0 14 $2,400.00 $33,600.00 $115,200.00 2034 2 0 36 $4,800.00 $86,400.00 4 0 18 $9,600.00 $43,200.00 $129,600.00 2035 1 (2) 35 ($2,400.00) $84,000.00 2 (1) 19 $2,400.00 $45,600.00 $129,600.00 2036 2 0 37 $4,800.00 $88,800.00 4 0 23 $9,600.00 $55,200.00 $144,000.00 2037 0 0 37 $0.00 $88,800.00 3 0 26 $7,200.00 $62,400.00 $151,200.00 2038 1 0 38 $2,400.00 $91,200.00 1 (2) 25 ($2,400.00) $60,000.00 $151,200.00 2039 0 (1) 37 ($2,400.00) $88,800.00 1 0 26 $2,400.00 $62,400.00 $151,200.00 2040 0 (1) 36 ($2,400.00) $86,400.00 2 0 28 $4,800.00 $67,200.00 $153,600.00 2041 0 (4) 32 ($9,600.00) $76,800.00 1 (2) 27 ($2,400.00) $64,800.00 $141,600.00 2042 0 (3) 29 ($7,200.00) $69,600.00 1 0 28 $2,400.00 $67,200.00 $136,800.00 2043 0 (1) 28 ($2,400.00) $67,200.00 0 0 28 $0.00 $67,200.00 $134,400.00 2044 0 (5) 23 ($12,000.00) $55,200.00 1 (2) 27 ($2,400.00) $64,800.00 $120,000.00 2045 0 (3) 20 ($7,200.00) $48,000.00 0 (1) 26 ($2,400.00) $62,400.00 $110,400.00 2046 0 (3) 17 ($7,200.00) $40,800.00 3 (1) 28 $4,800.00 $67,200.00 $108,000.00 2047 0 (2) 15 ($4,800.00) $36,000.00 0 0 28 $0.00 $67,200.00 $103,200.00 2048 0 (1) 14 ($2,400.00) $33,600.00 0 0 28 $0.00 $67,200.00 $100,800.00 2049 0 (3) 11 ($7,200.00) $26,400.00 1 (1) 28 $0.00 $67,200.00 $93,600.00 2050 0 (1) 10 ($2,400.00) $24,000.00 0 (1) 27 ($2,400.00) $64,800.00 $88,800.00 2051 0 (3) 7 ($7,200.00) $16,800.00 0 (2) 25 ($4,800.00) $60,000.00 $76,800.00 2052 0 (1) 6 ($2,400.00) $14,400.00 0 (1) 24 ($2,400.00) $57,600.00 $72,000.00 2053 0 (2) 4 ($4,800.00) $9,600.00 1 (4) 21 ($7,200.00) $50,400.00 $60,000.00 42 (38) $1,941,000.00 41 (20) $1,578,600.00 $3,519,600.00 A mortality age of 83 for male and female was used for all analysis

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on June 27, 2011 at 5:53 p.m. with Chairman McGlumphy presiding. Members present were Mr. Anderson, Dr. Jones and Mr. Shevock. Mr. Hare was absent. Members of Council present were Mr. Bonar, Mr. Hutchison, Mr. Lynn, and Council President Leary. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Shevock moved for approval of the agenda, seconded by Mr. Anderson and unanimously carried. Discussion - Elimination of Medicare Part B Reimbursements for Current Non-Bargaining Employees (Tabled June 13, 2011 in Order to Obtain Legal Opinion) During their meeting of June 13, 2011, members considered the elimination of Medicare Part B reimbursements for current non-bargaining employees as a cost-saving measure. After much discussion, members tabled the matter and requested that a legal opinion be sought from the City Solicitor to determine the legality of eliminating Medicare Part B reimbursement for non-vested, non-bargaining employees in light of Council’s action related to this matter on July 27, 2009 and that the matter be scheduled for reconsideration at a subsequent meeting. Mr. Anderson moved to remove the matter from the table, seconded by Dr. McGlumphy and unanimously carried. Dr. McGlumphy noted the receipt of a legal opinion from Deputy City Solicitor Pepper indicating that the City could legally eliminate Medicare Part B reimbursement for non-vested, non-bargaining employees. Mr. Anderson questioned if the Committee’s recommendation should be reworded to remove any mention of the word “vesting” and that time frames be specified. Dr. McGlumphy explained that the Committee’s recommendation cannot reference “vesting” since it is not a vested right but can reference “years of service.” Responding to Mr. Shevock, Dr. McGlumphy stated that, to his knowledge, this matter has not been reviewed by the Health Benefits Committee. Dr. Jones felt that, due to the seriousness and complex nature of this matter, it should be reviewed by the Health Benefits Committee prior to the Legislative, Finance, and Administration Committee’s consideration. At the request of Mr. Anderson, Ms. Denise Devine, Assistant City Clerk, stated that during the Committee meeting of June 13, 2011, a motion was made by Mr. Hare and seconded by Dr. McGlumphy to maintain Medicare Part B reimbursement for all employees who are vested as of June 27, 2011; however, after further discussion, the motion was withdrawn. Mr. Shevock moved to recommend that the matter be forwarded to the Health Benefits Committee for their review and brought back to the Committee for a recommendation by September 1, 2011, seconded by Dr. Jones.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF JUNE 27, 2011 PAGE 2 Mr. Anderson explained the critical issues involving Medicare, as noted in the President’s Debt Commission’s Report. He stated that there will be substantial changes to Medicare which the City will have no control over and which will cause a severe financial liability to the City. He suggested that members move this matter forward to City Council for consideration. For clarification, Dr. McGlumphy advised members that the Committee reports to City Council and, as such, the Committee’s recommendation will be forwarded to City Council at their next meeting. Council will have the option to accept the Committee’s recommendation or take other action at that time. Dr. McGlumphy referred to emails he received regarding the issue referencing “fairness.” He questioned “fairness” to whom: the new employee; employees with 10, 20, or 30 years of service; taxpayers; etc. He noted that members have been provided statistical projections for Medicare Part B reimbursements with inflationary costs that indicate significant sums of money that will affect the City as a whole. He reminded members that this issue is not a benefit but rather a subsidy, and that the projected amount is over $600,000. Responding to Mr. Hutchison, Ms. Devine indicated that the Health Benefits Committee does not have regularly scheduled meetings and that their meetings are held on an “as needed” basis. With regard to “fairness,” Mr. Lynn stated that it would be fundamentally unfair to take a “right” or “subsidy” away from a group of individuals who have no voice to speak for themselves, are not unionized, are not banded together, and cannot come before City Council by and through a union representative to voice their opinions. It was his hope that members would forward the matter to the Health Benefits Committee and that it would not be submitted for any further consideration by City Council. Concurring, Mr. Bonar reiterated his opposition to taking benefits away from either current or retired employees. It was his feeling that the City’s “word” is the City’s “bond.” Understanding that financial situations change, he felt that the City should acquire the necessary funding. Council President Leary reminded members that the membership of the Health Benefits Committee includes representatives for all major bargaining units, non-bargaining employees, senior staff, and two (2) members of Council (Mrs. Williams and Mr. Hare). The motion to recommend that the matter be referred to the Health Benefits Committee for their review by September 1, 2011, and subsequently brought back to the Committee for a recommendation was carried, with Mr. Anderson voting no. Proposed Ordinance #2011-15 - Appendix A - Subdivisions - Regarding Homeowners’ Association Responsibilities (Deferred June 13, 2011 Due to Time Constraints) Members were provided proposed Ordinance #2011-15, which would amend Appendix A - Subdivisions, regarding homeowners’ association responsibilities. Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that the proposed ordinance

HEALTH BENEFITS COMMITTEE The Health Benefits Committee meeting was held on August 16, 2011 at 3:06 p.m. with Mrs. Hawkins (Human Resources Director) presiding. Members present were Councilman Leary, Mrs. Mitchell (Controller/Treasurer), Mr. Koenig (Interim City Manager - ex-officio), Mr. Clendaniel (IUE/CWA Representative), Mr. Enss (Non-Bargaining Representative), Mr. Hudson (Retiree Representative), Mr. Newberry (IBEW Representative), and Mr. Roswell (FOP Representative). Councilwoman Williams was absent. AGENDA ADDITIONS/DELETIONS By unanimous consent, the agenda was approved, as presented. Mrs. Kimberly Hawkins, Human Resources Director, introduced two (2) new members to the Committee, as follows: 1) Mr. Scott Koenig, Interim City Manager, and 2) Mr. Stephen Newberry, who replaced Mr. Paul Simon as the IBEW Local #1238 Representative. Mrs. Hawkins also noted that Mr. Robert (Ernie) Roswell was representing the FOP, in the absence of Mr. David Spicer. Public Comment Mrs. Fran Hettinger, 63 Sackarackin Avenue, stated that she is a retired City of Dover employee and felt that the elimination of Medicare Part B reimbursement should be limited to new hires rather than to current employees who were hired with this benefit. She noted that the State of Delaware recently made changes to their benefits through House Bill No. 81 (Attachment #1) which were applied to new hires only and suggested that the City take the same approach. Mr. James Hosfelt, Police Chief, stated that during the Legislative, Finance, and Administration Committee meeting of June 13, 2011, employees from the City of Dover Police Department submitted written comments pertaining to the elimination of Medicare Part B reimbursement for current non-bargaining employees. He requested that those comments be provided to members (Attachment #2). Elimination of Medicare Part B Reimbursement for Current Non-Bargaining Employees Mrs. Kimberly Hawkins, Human Resources Director, advised members that during the Legislative, Finance, and Administration Committee meeting of June 27, 2011, members recommended that the proposal to eliminate Medicare Part B reimbursement for current non-bargaining employees be referred to the Health Benefits Committee for their review and consideration by September 1, 2011 and subsequently be brought back to the Legislative, Finance and Administration Committee for a recommendation. Mrs. Hawkins reviewed the History and Projection for Medicare Part B Premiums for the last 37 years. Referring to Page 1, she stated that the projections were based on a percentage change of 8.6% (Historical Average Annual Increase) and 5.6% (Last Five (5) Year Average Annual Increase). In reference to Page 2, Mrs. Hawkins explained that Mrs. Donna Mitchell, Controller/Treasurer, prepared an analysis projecting the number of employees eligible to receive Medicare Part B reimbursements assuming a 5.6% premium inflation rate each year from 2011 through 2053. She noted that, per the Internal Revenue Service (IRS), mortality ages are 75 for males and 78 for

HEALTH BENEFITS COMMITTEE MEETING OF AUGUST 16, 2011 PAGE 2 females; however, a mortality age of 83 was used for both males and females as many of the City’s current retirees exceed the IRS mortality rate. In addition, non-bargaining vested and non-vested employees were listed separately as a result of suggestions made by members of the Legislative, Finance, and Administration Committee to eliminate Medicare Part B reimbursement for non-vested, non-bargaining employees. Mrs. Hawkins explained that if changes are not made, the projected cost for Medicare Part B reimbursements will be approximately $9.8M. Mrs. Mitchell noted that the projected cost of $9.8M included only up to the year 2053, when the final employees would be eligible to receive Medicare Part B, and did not include when those employees would reach mortality; therefore the costs would continue. Referring to Page 3, Mrs. Hawkins explained that if a $200 cap was placed on Medicare Part B premium reimbursements, the City’s cost would be approximately $3.5M, resulting in a savings of approximately $6.3M. Mrs. Mitchell advised members that the analysis of placing a cap on Medicare Part B Premium reimbursement was prepared to demonstrate that the City would receive greater savings using this approach versus eliminating this benefit for non-vested, non-bargaining employees. Mrs. Hawkins also noted that many employees had expressed concerns regarding the elimination of Medicare Part B for non-bargaining, non-vested employees based upon a specified date. In response to Mr. Enss, Mrs. Mitchell stated that the Committee’s recommendations would only affect eligible employees and not those who were hired after July 27, 2009. Mr. Scott Koenig, Interim City Manager, stated that as a non-bargaining employee, he would prefer that the Medicare Part B reimbursement remain untouched; however, he realized that there was a significant cost associated with this benefit. He suggested that, rather than having the benefit completely expunged, employees compromise by recommending that a $200 cap be placed on the Medicare Part B premium. He explained that union members present negotiated the Medicare Part B reimbursement away through union contracts and received something in return. Mr. Koenig felt that employees who have worked for a number of years with the City have earned a portion of this benefit and, in some cases, this benefit will not be realized for several years, if at all. He noted that the highlighted projections listed on Page 1 indicate when the City may hit the $200 threshold in the future and, in his opinion, placing a $200 cap on the Medicare Part B premium would demonstrate a good faith offer from non-bargaining employees to reduce long-term liability from $9.8M to $3.5M. Mr. Koenig also felt that eliminating this benefit for non-vested employees would create friction between those employees who are vested and those who are not; therefore, he stated that the institution of a the cap was the best approach. Mr. Enss reminded members that during the January 12, 2009 Regular City Council meeting, members approved a number of staff’s recommendations for benefit parity for non-bargaining employees and stated that the unions negotiated the Medicare Part B reimbursement away and received something else in return. In addition, he stated that union members received salary increases this year, while non-bargaining employees did not. Mr. Enss suggested that the value of

HEALTH BENEFITS COMMITTEE MEETING OF AUGUST 16, 2011 PAGE 3 the salary increases that were not received by non-bargaining employees be considered when formulating a recommendation regarding the Medicare Part B premium. It was Mr. Leary’s feeling that the percentage changes of 5.6% and 8.6% were fair. He also felt that increasing the mortality age to 83 was a good idea actuarially and noted that, for financial planning purposes, many firms use 84 or 85 as the age of mortality. In regard to reaching a compromise, Mr. Leary concurred with Mr. Koenig and thought that placing a cap on the Medicare Part B premium would be the best approach. Councilman Lynn stated that he would encourage all non-bargaining employees not to compromise on this issue. He explained that bargaining employees received something in exchange for giving up the Medicare Part B reimbursement, while there is no proposal to grant the non-bargaining employees any benefit in return. Mr. Lynn suggested that the Committee inform City Council members that they would like this benefit to remain untouched. It was his feeling that the current City Council is attempting to put ten (10) years of unsound economic policy on the backs of City employees and he did not agree with this approach. Concurring with Councilman Lynn, Mrs. Fran Hettinger, reiterated her opposition to the elimination of Medicare Part B reimbursements for current employees. She stated that the City made a commitment when this benefit was promised to employees, some who have been employed with the City for 15 to 25 years. Mrs. Hettinger acknowledged that the City is facing very difficult times; however, she suggested that the City consider mirroring the amendments made to employee benefits by the State of Delaware in House Bill No. 81. In response to Mrs. Hettinger, Mrs. Hawkins stated that, as a result of House Bill No. 81, State of Delaware employees will have to contribute 5% to their health care beginning in 2012. She also explained that she did not believe that the State of Delaware provides Medicare Part B reimbursement. Chief Hosfelt advised members that non-bargaining employees did not receive a salary increase this year and most likely would not next year and felt that penalizing these employees even further was unjust. He stated that, unlike bargaining employees, non-bargaining employees are not able to negotiate and that the City made a promise to provide benefits to employees upon offering employment. Chief Hosfelt reiterated Councilman Lynn’s comments and felt that placing the previous City Council members’ financial irresponsibilities on the backs of the employees was unfair. Mr. Enss moved to recommend that the Medicare Part B reimbursements for non-bargaining employees remain unchanged. The motion was seconded by Mr. Hudson and carried by a vote of five (5) yes, three (3) no (Mrs. Hawkins, Mr. Koenig, and Mrs. Mitchell), one (1) abstention (Mr. Clendaniel), and one (1) absent (Mrs. Williams).

HEALTH BENEFITS COMMITTEE MEETING OF AUGUST 16, 2011 PAGE 4 Mrs. Hawkins noted that the Committee’s recommendation will be forwarded to members of City Council for their consideration on September 12, 2011. (City Clerk’s Office Note: Consideration of this matter by City Council has been postponed until a later date.) Review of Health Care Alternatives Mrs. Hawkins reviewed the list of Health Care Alternatives and reminded members that these suggestions were discussed during the January 19, 2011 Health Benefits Committee meeting. She noted that the list currently consists of 12 alternatives and stated it would be quite expensive to have the actuary perform a cost analysis on all 12. As a result, Mrs. Hawkins suggested that members narrow the list down by selecting their top five (5) choices to further explore and noted that the City would potentially be implementing these items depending on the results of the cost analysis. Mr. Enss questioned the elimination of additional suggestions that members made during their meeting of January 19, 2011, specifically the idea of providing a monetary incentive (Item #14) that would encourage employees who are eligible to retire to stay longer, which would reduce health care and pension costs. In response, Mrs. Hawkins stated that the bullet points listed on Page 5 represented some of the suggestions made by members which include promoting a health and wellness program, the installation of additional red light cameras, and a modest tax increase over the next ten (10) years. She also stated that some items were eliminated because they were redundant and/or a cost analysis could not be performed by the actuary. In response to Mr. Koenig, Mrs. Hawkins stated that the first suggestion listed on Page 1, demonstrates the cost to employees who choose the PPO Plan versus the HMO Plan. She explained that employees would be responsible for the difference in the premium between the HMO Plan and the PPO Plan. Mrs. Hawkins stated that the State of Delaware uses First State Basic as their base rate rather than an HMO. She noted that First State Basic costs are slightly lower and that the State of Delaware has legislation that mandates provision of free coverage to their employees. Mrs. Hawkins felt that the Blue Cross Blue Shield (BCBS) HMO is a very good plan and that the majority of City employees are enrolled in the BCBS PPO Plan. She explained that the PPO Plan allows employees to see the provider of their choice without a referral, which is the primary reason why many employees opt for this Plan over the HMO Plan. Mrs. Hawkins noted that BCBS is a large network and that most physicians are participating providers. She explained that this change would encourage consumers to be more aware of their health care choices. Responding to Mr. Koenig regarding the second suggestion listed on Page 2, Mrs. Hawkins stated that a Health Reimbursement Account (HRA) is an account to which the City would contribute funds to be used for medical expenses. She explained that all unused funds are carried over at the end of the year and that HRAs remain with the originating employer and do not follow an employee to new employment; however, retirees would have continued access to unused HRA funds. Mrs. Hawkins noted that the HRA would be managed by the City, similar to the 457 Plan, and that there are fees associated with management of the plan. In response to Mr. Koenig, Mrs. Hawkins stated that the prescription plan is attached to health insurance.

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee AGENDA OF: 09-26-2011 DEPARTMENT OF ORIGIN: City Council DATE SUBMITTED: 09-19-2011 PREPARED BY: Traci A. McDowell, City Clerk on Behalf of Councilman Hutchison SUBJECT: Proposed Charter Amendment - Term Lengths for Mayor and Council EXHIBITS: 1) Proposed Charter Amendment TIMETABLE: Recommendation to City Council on 10-10-2011 RECOMMENDED ACTION: Adoption of Proposed Resolution No. 2011-11 BACKGROUND AND ANALYSIS At the request of Councilman Hutchison, the City Clerk prepared Proposed Resolution No. 2011-11 requesting the Delaware General Assembly to amend the City of Dover Charter to increase the term lengths for the Mayor and Council from two (2) years to four (4) years. During their Regular Meeting of September 12, 2011, the Committee tabled consideration of this item pending a review of the recommendations of the 2005 Charter Review Committee regarding term lengths for the Mayor and City Council members. Excerpts of the minutes of those meetings are provided for review. /tm S:\PACKETS\2011\Committee\LF&A\09-12-2011\09-26-2011-LF&A CAF - Charter Amendment- M&C Term Length.wpd

NOVEMBER 17, 2005 - 2005 CHARTER REVIEW COMMITTEE MEETING NO OFFICIAL ACTION TAKEN. Discussion - Review of City Charter Members discussed options for the form of government, including the possibility of a strong Mayor as the Chief Executive Officer with a professional City Manager. With this form of government members suggested that a search committee comprised of the Mayor, Council President, and Standing Committee Chairs would serve as a search committee for future City Managers and the City Manager would be nominated by the Mayor and confirmed by Council. The role of Council would be legislative and appropriative in this form of government. Members discussed several different options for the number of Council districts and how members might be elected, such as six (6) districts with the Council president and two (2) Council members being elected at large. Mr. Leary advised members that the demographics of Dover have become so diluted that it is difficult to draw the boundary lines for the minority district. Members also discussed the NAACP consent decree with regard to an increased number of districts being beneficial in establishing a minority district or enabling the City to have two (2) minority districts. Terms of office for the Mayor and Council were discussed, including the possibility of adopting a recall option for both offices and *eliminating the requirement that Council members relinquish their seat in order to run for another office, such as Mayor, Levy Court, etc. JULY 6, 2006 - 2005 CHARTER REVIEW COMMITTEE MEETING Discussion of Presentation by Deputy City Solicitor Pepper on the Consent Decree Form of Government Members reviewed information provided entitled Council-Manager or “Strong-Mayor” produced by the California City Management Foundation (Attachment #1) as well as information from the National League of Cities entitled About Cities: Forms of Municipal Government (Attachment #2). Mrs. Merritt moved to suspend the rules to allow former Mayor Hutchison to address members of the committee, seconded by Mr. Scheller and unanimously carried. Former Mayor Hutchison advised members that he is a strong believer in the Council- Manager/Strong-Mayor form of government. Regarding concerns for protection of the City Manager, Mr. Hutchison stated that language could be included that would require the dismissal of a City Manager to be based on just cause and approval of Council by majority vote. He felt that it is critical that Mayor and Council work together and currently, for the City of Dover, there is a clear separation between these two offices. Responding to Mr. Leary, Mr. Hutchison stated that there would be certain employees that would report directly to the Mayor rather than the City Manager, such as the Treasurer/Finance Director. He also relayed his support for four (4) year terms and felt that there should be a means, such as recall, for voters to dismiss anyone prior to their term if there is cause. There being no objections, the meeting was recessed at 7:23 p.m. and reconvened at 7:30 p.m.

By a show of hands, Mr. Leary noted that three (3) members felt that there should be a change to the form of government, that being a Mayor-Council, with the Mayor having strong powers (as defined in the Council-Manager or “Strong-Mayor” document provided to members. There were two (2) members that felt that the City should have a Council-Manager form of government. By a show of hands, Mr. Leary noted that three (3) members felt that the term of office for the Mayor should be increased to four (4) years and that there should be a recall provision included. Responding to Mrs. Merritt, Mr. Leary clarified that members can submit recommendations to City Council that would amend Sections of the Charter that are impacted by the Consent Decree. He explained that although there may be issues that cannot be changed at this time, he suggested that the recommendation would be presented to Council for consideration at this time for making the amendments when and if the Consent Decree is amended. Mr. Leary stated that he will talk with the Council President and the Mayor to determine the City’s position on re-opening negotiations with the NAACP for amending the Consent Decree and report back to members of the committee. In response to Mrs. Merritt, Mr. Leary stated that it was his understanding that if there is no agreement between the NAACP and the City and the City wished to pursue amending the Consent Decree, there would be legal fees involved. Mr. Leary distributed a letter from Mr. DePrima, providing information regarding a request of Senator Still for consideration of the establishment of a Compensation Commission who would have the objective of making recommendations regarding salaries for the Mayor, City Council and paid members of City committees and commissions. He stated that this will be an issue to be discussed by members at their next meeting scheduled to be held on July 20, 2006 at 7:00 p.m. NOVEMBER 13, 2007 - LF&A MEETING Review of 2005 Charter Review Committee Recommendations - Article I. General Provisions During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007. As scheduled, members considered the recommendations to Article II - Mayor and Council, of the Dover Charter, as follows: Section 4, City Charter - Government Vested in Mayor and City Council (Section 2.01, Model City Charter - General Powers and Duties.) Mr. McGlumphy moved to recommend that Section 4 be replaced with Section 2.01, as stated in the Model City Charter, including the title. The motion was seconded by Mrs. Jones and unanimously carried. 2

Section 5, City Charter (1st paragraph) - Council to be Legislative Body Members considered the possibility of the 1st paragraph of Section 5 being moved to appear with Section 6.02(a) of the Model City Charter. It was the consensus of members that the 1st paragraph of Section 5 follow Section 4, and that it not be included at Section 6.02(a) of the Model City Charter. Section 5, City Charter (5th paragraph) - Qualifications (Section 2.02, Model City Charter - Eligibility, Terms, and Composition - (a) Eligibility Mr. McGlumphy moved to recommend retaining the language in Section 5 (5th paragraph) rather than Section 2.02 of the Model City Charter, amending subsection (4) by replacing “Twenty-one (21)” with “Eighteen (18)”. The motion was seconded by Mr. Shevock and unanimously carried. Section 5, City Charter (3rd and 4th paragraphs) - Terms of Mayor and Councilmen (Section 2.02, Model City Charter - Eligibility, Terms, and Composition - (b) Terms It was noted that the 2005 Charter Review Committee recommended that the term for the Mayor be extended from two (2) to four (4) years. Mr. McGiffin suggested that any changes recommended for the Mayor or of that position should be inclusive in their consideration rather than it being accomplished piecemeal. Mr. McGlumphy moved to recommend that the term for both the Mayor and Council be increased to four (4) years, stipulating that a recall provision is added (to Section 6.04 of the Model City Charter), seconded by Mr. Shevock. For clarification, Mr. McGlumphy stated that his intention would be for elections to be held every four (4) years, rather than staggering terms. He concurred that this could result in all members of Council and the Mayor being newly elected. Mr. Shevock moved to recommend amending the motion to reflect that elections are held every two (2) years, with members of Council serving staggered terms in order to provide some continuity on Council. The motion failed due to the lack of a second. The motion to recommend that the term for both the Mayor and Council be increased to four (4) years, stipulating that a recall provision is added failed with Mr. Shevock, Mrs. Jones, and Mr. Slavin voting no. There being no further discussion, Mr. Slavin indicated that members could return to this Section for further consideration at a later time. 3

City of Dover MAYOR AND COUNCIL 1 PROPOSED COUNCIL RESOLUTION NO. 2011-11 2 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 3 MET: 4 That the Mayor and Council have determined that the Charter of the City of Dover, should be 5 amended by increasing the term lengths of the Mayor and City Council members from two (2) years 6 to four (4) years. Therefore, the Mayor and Council of the City of Dover respectfully request the 7 General Assembly of the State of Delaware to amend Article II - Mayor and Council, Section 5 - 8 Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications, 9 Section 6 - Municipal election; dates, time, and place of elections, and Section 7 - Nomination 10 petitions for candidates for council and mayor, of its Charter, which amendments, if adopted by the 11 General Assembly, would be as follows: 12 CITY OF DOVER CHARTER - ARTICLE II - MAYOR AND COUNCIL 13 Sec. 5. - Council to be legislative body; size; districts; terms of mayor and councilmen; 14 qualifications. 15 The council shall be the legislative body of the city and composed of nine (9) members nominated 16 and elected as herein provided. 17 In order that the members of council shall be distributed over the city, the city shall be divided into 18 four (4) election districts, the district boundaries of which shall be established by council so that the 19 districts are nearly equal in population as shown by the most recent federal decennial census. The 20 district boundaries established for municipal elections shall continue in effect until the next 21 succeeding federal decennial census is made available for use by municipalities in the State of 22 Delaware, at which time council shall redistrict the city so that the districts shall be nearly equal in 23 population in accordance with said census, which redistricting shall be used for the next regular 24 municipal election, which procedure shall be followed by council after each succeeding federal 25 decennial census in this manner so that the districts shall be maintained as nearly equal in population 26 as possible at all times. P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

Resolution No. 2011-11 Amending Sections 5, 6, and 7 of the City of Dover Charter Page 2 27 The term of mayor shall be for a period of two years commencing on the second Monday in 28 May following their election and continuing for a term of two years until the second Monday 29 in May or until their successor has been duly elected and qualified. 30 The term of the councilmen shall be for two years. In each regular municipal election held in 31 an odd numbered year, five councilmen shall be elected, four by district voting being from the 32 districts and one at-large as stated herein. In each regular municipal election held in an even 33 numbered year, four councilmen shall be elected by district voting from each of the districts 34 of the city. 35 At the regular municipal election held in April of 2012, the mayor shall be elected at-large. 36 The term of mayor elected at the April 2012 regular municipal election shall be for a period 37 of three (3) years, commencing on the second Monday in May following his election and 38 continuing for a term of three (3) years until the second Monday in May 2015, or until his/her 39 successor has been duly elected and qualified. Thereafter, commencing with the regular 40 municipal election to be held in April of 2015, the term of mayor shall be for a period of four 41 (4) years commencing on the second Monday in May following his/her election and continuing 42 for a term of four (4) years until the second Monday in May, or until his/her successor has 43 been duly elected and qualified. 44 At the regular municipal election held in April of 2012, four (4) councilmen shall be elected by 45 district voting from each of the districts of the city. The term of the councilmen elected at the 46 April 2012 regular municipal election shall be for three (3) years, commencing on the second 47 Monday in May following their election and continuing for a term of three (3) years until the 48 second Monday in May 2015, or until their successors have been duly elected and qualified. 49 At the regular municipal election held in April of 2013, five (5) councilmen shall be elected, 50 four (4) by district voting being from the districts and one (1) at-large. The term of the 51 councilmen elected at the April 2013 regular municipal election shall be for a period of four 52 (4) years, commencing on the second Monday in May following their election and continuing 53 for a period of four (4) years until the second Monday in May, or until their successors have 54 been duly elected and qualified. 55 Thereafter, commencing with the regular municipal election to be held in April of 2013, the 56 terms of the councilmen shall be for a period of four (4) years, commencing on the second 57 Monday in May following their election and continuing for a term of four (4) years until the 58 second Monday in May, or until their successors have been duly elected and qualified. The 59 mayor and at-large councilman shall be elected at alternating biennial regular municipal 60 elections. 61 In order to be eligible to be elected as mayor or as a member of council, the person must as of the 62 date of the election be: 63 (1) A citizen of the United States and of the State of Delaware; 64 (2) A resident of the city and having continuously resided therein or in an area annexed to the 65 city during the two (2) years next preceding the day of the election;

Resolution No. 2011-11 Amending Sections 5, 6, and 7 of the City of Dover Charter Page 3 66 (3) A resident of the election district from which they are seeking election, unless they are 67 seeking election as an at-large councilman or mayor; 68 (4) Eighteen (18) years of age; and 69 (5) Nominated therefore, as hereinafter provided. 70 Holding Other Office. Except where authorized by law, no council members shall hold any other 71 elected public office during the term for which the member was elected to the council. No council 72 member shall hold any other city office or employment during the term for which the member was 73 elected to the council. No former council members shall hold any compensated appointive office or 74 employment with the city until one (1) year after the expiration of the term for which the member 75 was elected to the council, unless granted a waiver by the Board of Ethics (Ethics Commission). 76 Sec. 6. - Municipal election; dates, time, and place of elections. 77 At the regular municipal election held on the third Tuesday in April of any even numbered 78 year, four (4) councilmen shall be elected by district voting from each of the districts as 79 designated by council for a term of two years, and a mayor shall be elected by the voters of the 80 city for a term of two years, as provided in section 5 of this Charter. 81 Regular municipal elections shall be held each year biennially on the third Tuesday in April. All 82 other municipal elections that may be held shall be known as special municipal elections. At each 83 such municipal election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council 84 may designate the places of election and make all necessary rules and regulations not inconsistent 85 with this Charter or with other laws of the State of Delaware for the conduct of elections, for the 86 prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud. At the 87 alternating biennial regular municipal elections held on the third Tuesday in April of any odd 88 numbered year, five (5) councilmen shall be elected for a term of two four (4) years, four (4) of 89 whom shall be elected by district voting from each of the districts as designated by council and 90 one (1) of whom shall be elected by at-large voting by all voters of the city, as provided in section 91 5 of this Charter. At the next biennial regular municipal election held on the third Tuesday in April 92 of any even numbered year, four (4) councilmen shall be elected by district voting from each of 93 the districts as designated by council for a term of two four (4) years, and a mayor shall be elected 94 by the voters of the city for a term of two four (4) years, as provided in section 5 of this Charter. 95 Sec. 7. - Nomination petitions for candidates for council and mayor. 96 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by 97 not less than ten (10) nor more than 25 electors of the city, filed with the clerk of council on or 98 before 4:30 p.m. on the second Friday of February of each year biennially for candidates for council 99 and on or before 4:30 p.m. on the last working day in January biennially for candidates for mayor 100 in the years when a mayor is to be elected. Should the second Friday of February fall on a legal 101 holiday, the filing date shall be 4:30 p.m. on the next working day thereafter which is not a legal 102 holiday.

Resolution No. 2011-11 Amending Sections 5, 6, and 7 of the City of Dover Charter Page 4 103 Whenever a petition nominating a person for the office of mayor or councilman shall have been filed 104 as above prescribed, the name of such person shall be printed on the ballot for the regular biennial 105 municipal election as a candidate for the office for which they were nominated, provided they 106 possess the qualifications prescribed by this Charter for a candidate for such office. 107 No nominating petition shall designate more than one (1) person to be voted for as a member of 108 council or as mayor. 109 The signers of a nominating petition for a member of the council must be electors of the city residing 110 in the city election district in which the nominee resides; but the signers to the nominating petition 111 for the mayor and for the at-large councilman may be city electors residing in the city at-large. 112 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the 113 number of signers and that each signature appended thereto was made in their presence, and is the 114 genuine signature of the person whose name it purports to be, and that all of said signers are entitled 115 to vote at the regular municipal election referred to; and, in the case of a petition nominating a 116 candidate for councilman running from a particular district and to be elected by district voting, that 117 the circulator of the petition verily believes that each signer of said petition is a resident of the same 118 city election district in which the nominee resides. 119 With each signature shall be stated the place of residence of the signer, giving the street and number 120 or other description sufficient to identify the same. The form of the nominating petition shall be 121 substantially as follows: 122 We, the undersigned, electors of the City of Dover, hereby nominate ____________, who resides 123 in the ____________ City District of the said City of Dover, for the office of Councilman (or for the 124 office of Mayor as the case may be) to be voted for at the regular municipal election to be held in the 125 said City, on the _____________ day of __________ in the year ____________; and we individually 126 certify that we are qualified to vote for a candidate for the office named, and that we have not signed 127 any other nominating petition for that office, and that our places of residences are truly stated after 128 our signatures. 129 Name ..... 130 Street and number ..... 131 (Space for Signatures) 132 STATE OF DELAWARE 133 KENT COUNTY 134 SS. 135 __________________ being duly sworn (or affirmed) deposes and says that they were the circulator 136 of the foregoing petition paper containing signatures, and that the signatures appended thereto were 137 made in his/her presence, and are the signatures of the persons whose names they purport to be, and

Resolution No. 2011-11 Amending Sections 5, 6, and 7 of the City of Dover Charter Page 5 138 that they verily believe the residence of each signer thereof to be truly stated, and that all of said 139 signers are entitled to vote at the regular municipal election referred to in said paper; and, in case the 140 petition is nominating a candidate for councilman to be elected from a specific district by district 141 voting, that each signer of said petition is a resident of the same city election district in which the 142 nominee resides. 143 (Signed) ..... 144 Subscribed and sworn to (or affirmed) before me this ______ day of ______________ 145 ____________ Justice of the Peace (or Notary Public) 146 ADOPTED: * 147 148 THOMAS J. LEARY CARLETON E. CAREY, SR. 149 COUNCIL PRESIDENT MAYOR 150 SYNOPSIS 151 This amendment would increase the term lengths of the Mayor and 152 City Council members from two (2) years to four (4) years. 153 Actions History 154 Aug. 22, 2011 - Proposed for Introduction at Legislative, Finance, and Administration Committee

155 September 12, 2011 156 Sponsor: 157 House of Representatives 158 147th General Assembly 159 Senate Bill No. 160 AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER 161 BEING CHAPTER 130, VOLUME 77 OF THE LAWS OF 162 DELAWARE, AS AMENDED, REGARDING TERM LENGTHS 163 FOR MAYOR AND COUNCIL 164 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE 165 (Two-thirds of all members elected to each House concurring therein): 166 Section 1. Amend Sec. 5. - Council to be legislative body; size; districts; terms of mayor and 167 councilmen; qualifications of Chapter 130, Volume 77, Laws of Delaware, by deleting the text 168 indicated in strikeout and inserting the text indicated in underscore as follows: 169 Sec. 5. - Council to be legislative body; size; districts; terms of 170 mayor and councilmen; qualifications. 171 The council shall be the legislative body of the city and composed of 172 nine (9) members nominated and elected as herein provided. 173 In order that the members of council shall be distributed over the city, 174 the city shall be divided into four (4) election districts, the district 175 boundaries of which shall be established by council so that the 176 districts are nearly equal in population as shown by the most recent 177 federal decennial census. The district boundaries established for 178 municipal elections shall continue in effect until the next succeeding 179 federal decennial census is made available for use by municipalities 180 in the State of Delaware, at which time council shall redistrict the city 181 so that the districts shall be nearly equal in population in accordance 182 with said census, which redistricting shall be used for the next regular 183 municipal election, which procedure shall be followed by council 184 after each succeeding federal decennial census in this manner so that 185 the districts shall be maintained as nearly equal in population as 186 possible at all times. 187 The term of mayor shall be for a period of two years commencing 188 on the second Monday in May following their election and 189 continuing for a term of two years until the second Monday in 190 May or until their successor has been duly elected and qualified.

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 7 191 The term of the councilmen shall be for two years. In each 192 regular municipal election held in an odd numbered year, five 193 councilmen shall be elected, four by district voting being from the 194 districts and one at-large as stated herein. In each regular 195 municipal election held in an even numbered year, four 196 councilmen shall be elected by district voting from each of the 197 districts of the city. 198 At the regular municipal election held in April of 2012, the mayor 199 shall be elected at-large. The term of mayor elected at the April 200 2012 regular municipal election shall be for a period of three (3) 201 years, commencing on the second Monday in May following 202 his/her election and continuing for a term of three (3) years until 203 the second Monday in May 2015, or until his/her successor has 204 been duly elected and qualified. Thereafter, commencing with 205 the regular municipal election to be held in April of 2015, the 206 term of mayor shall be for a period of four (4) years commencing 207 on the second Monday in May following his/her election and 208 continuing for a term of four (4) years until the second Monday 209 in May, or until his/her successor has been duly elected and 210 qualified. 211 At the regular municipal election held in April of 2012, four (4) 212 councilmen shall be elected by district voting from each of the 213 districts of the city. The term of the councilmen elected at the 214 April 2012 regular municipal election shall be for three (3) years, 215 commencing on the second Monday in May following their 216 election and continuing for a term of three (3) years until the 217 second Monday in May 2015, or until their successors have been 218 duly elected and qualified. 219 At the regular municipal election held in April of 2013, five (5) 220 councilmen shall be elected, four (4) by district voting being from 221 the districts and one (1) at-large. The term of the councilmen 222 elected at the April 2013 regular municipal election shall be for 223 a period of four (4) years, commencing on the second Monday in 224 May following their election and continuing for a period of four 225 (4) years until the second Monday in May, or until their 226 successors have been duly elected and qualified. 227 Thereafter, commencing with the regular municipal election to be 228 held in April of 2013, the terms of the councilmen shall be for a 229 period of four (4) years, commencing on the second Monday in 230 May following their election and continuing for a term of four (4) 231 years until the second Monday in May, or until their successors 232 have been duly elected and qualified. The mayor and at-large 233 councilman shall be elected at alternating biennial regular

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 8 234 municipal elections. 235 In order to be eligible to be elected as mayor or as a member of 236 council, the person must as of the date of the election be: 237 (1) A citizen of the United States and of the State of Delaware; 238 (2) A resident of the city and having continuously resided therein or 239 in an area annexed to the city during the two (2) years next 240 preceding the day of the election; 241 (3) A resident of the election district from which they are seeking 242 election, unless they are seeking election as an at-large 243 councilman or mayor; 244 (4) Eighteen (18) years of age; and 245 (5) Nominated therefore, as hereinafter provided. 246 Holding Other Office. Except where authorized by law, no council 247 members shall hold any other elected public office during the term for 248 which the member was elected to the council. No council member 249 shall hold any other city office or employment during the term for 250 which the member was elected to the council. No former council 251 members shall hold any compensated appointive office or 252 employment with the city until one (1) year after the expiration of the 253 term for which the member was elected to the council, unless granted 254 a waiver by the Board of Ethics (Ethics Commission). 255 Section 2. Amend Sec. 6. - Municipal election; dates, time, and place of elections of 256 Chapter 130, Volume 77, Laws of Delaware, by deleting the text indicated in strikeout and inserting 257 the text indicated in underscore as follows: 258 Sec. 6. - Municipal election; dates, time, and place of elections. 259 At the regular municipal election held on the third Tuesday in 260 April of any even numbered year, four (4) councilmen shall be 261 elected by district voting from each of the districts as designated 262 by council for a term of two years, and a mayor shall be elected 263 by the voters of the city for a term of two years, as provided in 264 section 5 of this Charter. 265 Regular municipal elections shall be held each year biennially on the 266 third Tuesday in April. All other municipal elections that may be held 267 shall be known as special municipal elections. At each such

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 9 268 municipal election, the polls shall be opened at 7:00 a.m. and closed 269 at 8:00 p.m. The council may designate the places of election and 270 make all necessary rules and regulations not inconsistent with this 271 Charter or with other laws of the State of Delaware for the conduct of 272 elections, for the prevention of fraud in elections, and for the recount 273 of ballots in case of doubt or fraud. At the alternating biennial 274 regular municipal elections held on the third Tuesday in April of any 275 odd numbered year, five (5) councilmen shall be elected for a term 276 of two four (4) years, four (4) of whom shall be elected by district 277 voting from each of the districts as designated by council and one (1) 278 of whom shall be elected by at-large voting by all voters of the city, 279 as provided in section 5 of this Charter. At the next biennial regular 280 municipal election held on the third Tuesday in April of any even 281 numbered year, four (4) councilmen shall be elected by district 282 voting from each of the districts as designated by council for a term 283 of two four (4) years, and a mayor shall be elected by the voters of 284 the city for a term of two four (4) years, as provided in section 5 of 285 this Charter. 286 Section 3. Amend Sec. 7. - Nomination petitions for candidates for council and mayor of 287 Chapter 130, Volume 77, Laws of Delaware, by deleting the text indicated in strikeout and inserting 288 the text indicated in underscore as follows: 289 Sec. 7. - Nomination petitions for candidates for council and mayor. 290 The mode of nomination of candidates for the council and for mayor 291 shall be by petition, signed by not less than ten (10) nor more than 25 292 electors of the city, filed with the clerk of council on or before 4:30 293 p.m. on the second Friday of February of each year biennially for 294 candidates for council and on or before 4:30 p.m. on the last working 295 day in January biennially for candidates for mayor in the years when 296 a mayor is to be elected. Should the second Friday of February fall on 297 a legal holiday, the filing date shall be 4:30 p.m. on the next working 298 day thereafter which is not a legal holiday. 299 Whenever a petition nominating a person for the office of mayor or 300 councilman shall have been filed as above prescribed, the name of 301 such person shall be printed on the ballot for the regular biennial 302 municipal election as a candidate for the office for which they were 303 nominated, provided they possess the qualifications prescribed by this 304 Charter for a candidate for such office. 305 No nominating petition shall designate more than one (1) person to 306 be voted for as a member of council or as mayor.

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 10 307 The signers of a nominating petition for a member of the council 308 must be electors of the city residing in the city election district in 309 which the nominee resides; but the signers to the nominating petition 310 for the mayor and for the at-large councilman may be city electors 311 residing in the city at-large. 312 There must be attached to each nominating petition an affidavit of the 313 circulator thereof, stating the number of signers and that each 314 signature appended thereto was made in their presence, and is the 315 genuine signature of the person whose name it purports to be, and that 316 all of said signers are entitled to vote at the regular municipal election 317 referred to; and, in the case of a petition nominating a candidate for 318 councilman running from a particular district and to be elected by 319 district voting, that the circulator of the petition verily believes that 320 each signer of said petition is a resident of the same city election 321 district in which the nominee resides. 322 With each signature shall be stated the place of residence of the 323 signer, giving the street and number or other description sufficient to 324 identify the same. The form of the nominating petition shall be 325 substantially as follows: 326 We, the undersigned, electors of the City of Dover, hereby nominate 327 ____________, who resides in the ____________ City District of the 328 said City of Dover, for the office of Councilman (or for the office of 329 Mayor as the case may be) to be voted for at the regular municipal 330 election to be held in the said City, on the _____________ day of 331 __________ in the year ____________; and we individually certify 332 that we are qualified to vote for a candidate for the office named, and 333 that we have not signed any other nominating petition for that office, 334 and that our places of residences are truly stated after our signatures. 335 Name ..... 336 Street and number ..... 337 (Space for Signatures) 338 STATE OF DELAWARE 339 KENT COUNTY 340 SS. 341 __________________ being duly sworn (or affirmed) deposes and 342 says that they were the circulator of the foregoing petition paper 343 containing signatures, and that the signatures appended thereto were

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 11 344 made in his/her presence, and are the signatures of the persons whose 345 names they purport to be, and that they verily believe the residence of 346 each signer thereof to be truly stated, and that all of said signers are 347 entitled to vote at the regular municipal election referred to in said 348 paper; and, in case the petition is nominating a candidate for 349 councilman to be elected from a specific district by district voting, 350 that each signer of said petition is a resident of the same city election 351 district in which the nominee resides. 352 (Signed) ..... 353 Subscribed and sworn to (or affirmed) before me this ______ day of 354 ______________ 355 ____________ Justice of the Peace (or Notary Public) 356 Section 4. This Act shall be effective upon its enactment in accordance with law. New term 357 lengths will be effective with the election next preceding enactment. 358 SYNOPSIS 359 This act would increase the term lengths for the Mayor and City 360 Council of the City of Dover from two (2) years to four (4) years.

CITY OF DOVER DEPARTMENT OF FINANCE PROCEDURE MANUAL TITLE: City or Employee Owned Cellular Phone PROCEDURE # F320 Assignment and Usage DATE: February 3, 2009 I. PURPOSE: The use of cellular telephones provides improvement to customer service, is helpful when other means of communication is not readily available, and enhances department’s efficiencies and safety. Possessing a cellular telephone may be a job requirement when the employee must be available to respond to issues when he/she is not physically located at his/her workstation. The purpose of this procedure is to provide for the uniform administration of City owned cellular telephone assignment and usage, and governing the use and reimbursement for employee owned cellular telephones to conduct City business within each department. The City of Dover reserves the right to make changes to these procedures as circumstances warrant. This procedure is meant to provide a uniform mechanism for the review and certification:  of cellular telephone charges  the reimbursement of non-business call charges to the City  annual reimbursement for employee owned cell phones. II. CELLULAR TELEPHONE ASSIGNMENT: Cellular telephones are not a personal benefit and will only be provided to those employees who have demonstrated need. All employees who are issued cellular telephones are expected to use them responsibly. The discretion over cellular telephone assignments is delegated to the respective Department Director. The assignment of cellular telephones is to be documented on the approved Communication Devices Service Request form (Attachment 1 – FORM56) with City Manager approval required. Employees to whom a cellular telephone is assigned are to be provided a copy of this procedure. Employees to whom a cellular telephone is assigned must formally accept responsibility for the device and the attendant responsibilities imposed by this procedure as represented by his or her signature on the Communication Devices Service Request form, Section IV. The Communication Devices Service Request form is to be retained in the section files with an electronic copy to the Accounts Payable office. On an annual basis, the Department Director or designee shall review the list of authorized cellular telephone users, complete the Annual Department Director Cell Phone Review Report form (Attachment 4 – FORM57) due to the Finance Department on June 1 annually for the employees or positions authorized to use cellular telephones, and review the usage of each cellular telephone within his/her department to determine whether the assigned calling plan (including number of minutes associated with the plan) is appropriate for each employee. At that time, any changes to the calling plan will be made, to ensure that each employee is participating in the most economical plan.

Cell Phone Assignment & Usage Procedure F320 This will permit calling plans to be expanded or reduced, based on job requirements and actual usage. When ensuring the employee has the most economical plan, personal telephone use minutes shall not be included in that analysis. The Finance Department will conduct periodic reviews of cellular phone usage and send the results of their analysis to the Department Director and City Manager. III. EMPLOYEE OWNED CELLUAR TELEPHONE QUALIFICATIONS: The Department Director will determine which employees qualify for the reimbursement. The following criteria will be used to make this determination:  Employee is a key staff member needed in the event of an emergency.  Employee is frequently away from access to traditional land-based phone service.  Employee is involved in frequent off on-call activity where contact by cell phone is essential.  Nature of employee’s work is critical to the operation of the City’s business and immediate response is required.  Employee’s assigned work requires substantial travel and contact by cell phone is essential.  Level of business use is significant.  Necessary for the employee to be in direct communication with contractors, customers, and state agencies. IV. CELLULAR TELEPHONE USAGE: Cellular telephones are a convenience and a time saver. Cellular telephones are to be used only when access to conventional landlines is not readily available and the urgency of the call outweighs the time necessary to locate another telephone instrument. City provided cellular telephones are not intended for personal use; however, extended work schedules, emergencies or other special circumstances may, on occasion, necessitate non-City business calls to make family arrangements. Personal cellular telephone use is permitted but shall be limited to infrequent, incidental, and/or emergency use, in situations directly related to City business. Non-City business calls are to be reimbursed by the employee to whom the telephone is assigned, in accordance with Section V of this procedure. When personal cellular telephone usage is justified as work related or necessary because of unusual circumstances, the employee is not required to reimburse the cost of cellular telephone calls to City as long as the calls are within the total plan minutes. If calls exceed the plan minutes, City employees are required to pay for all personal cellular telephone calls incurred during the billing cycle. Text messaging and photographic features are to be authorized by the Department Director. This procedure applies to all features allowable for use with a cellular telephone. 2

Cell Phone Assignment & Usage Procedure F320 V. SECURITY; Cellular telephones are not a secure form of communication. Sensitive conversations must be either postponed until a conventional landline can be used or sufficiently "guarded" to inhibit understanding by possible interlopers. Reasonable precautions must be used to guard against conversation trespass and "cloning" fraud to include the use of Personal Identification Numbers (PIN) or authenticated equipment as warranted. Cellular telephone accounts that have been "cloned" must be reported to the carrier within 24 hours of the time the fraud is identified. Any cellular telephone which has been "cloned" must have a PIN assigned when the account is cleared and service is reinstated. Each employee issued a City-owned cellular telephone is responsible for its reasonable care. In the event of loss or damage to the telephone, the employee shall be held personally responsible for replacement or repair of the cellular telephone unless the employee can demonstrate that reasonable care to protect and safeguard the telephone was exercised. If the employee has exercised reasonable care, the City will repair or replace the telephone. Employees are expected to exercise care when using cell phones so as not to endanger themselves or others. Use of cell phones while operating a motor vehicle is discouraged. Employees must adhere to all federal, state, and local rules, regulations and laws regarding the use of cellular telephones while driving. VI. CERTIFICATION OF CHARGES: Department Directors will designate a person or persons responsible for distributing copies of cellular telephone bills to employees each month. The cellular telephone bills will be distributed within seven days of receipt to each employee to whom a cellular telephone is assigned. Cellular telephone bills are to be reviewed by the person to whom the device is assigned. The bills are to be examined to identify evidence of illegal cloning, usage or trespass. Employees to whom cellular telephones are assigned will certify each billing, by annotating and signing the service provider's billing statement or invoice. The employee's notes and signature on the telephone bill will be considered the employee's attestation of the following: • They have examined the charges for accuracy. • There is no apparent evidence of illegal usage or cloning. • They have identified any non-business calls and have provided a reimbursement settlement when required, according to this policy. • All other calls represented on the billing are appropriate and made in the conduct of, and pursuant to City business. If the plan minutes are exceeded, employee reimbursements for personal cellular telephone calls are due on a monthly basis. The employee shall reimburse the City for personal use of the cellular telephone at the rate shown on the billing statement, plus roaming charges, if applicable. In the event that the billing statement does not list a specific amount for identified personal telephone calls, the employee shall reimburse the City at the per minute rate for calls exceeding the plan minutes, plus roaming charges, if applicable. If the billing statement does not include a record of incoming 3

Cell Phone Assignment & Usage Procedure F320 telephone calls, the cellular telephone user shall estimate the number of minutes for incoming calls and reimburse the City at the per minute rate for exceeding the plan minutes. The invoice review must be accomplished, and reimbursement received, within 30 days of the receipt of the subject billing. VII. REIMBURSEMENT FOR QUALIFYING EMPLOYEE OWNED CELLULAR TELEPHONE Qualifying employees will receive a one-time reimbursement check in the amount of $15.00 per month; reimbursement to be paid at the end of each fiscal year for the prior year’s usage or pro-rated appropriately. Reimbursement does not constitute an increase in base pay, and will not be included in the calculation of percentage increases to base pay due to annual salary increases, job upgrading, or other similar calculations. This reimbursement is not taxable income and is not subject to withholding. To be considered for this type of cell phone use and reimbursement, an employee’s supervisor shall consider whether the employee’s business need for a cell phone meets the required criteria and then shall submit a Cell Phone Reimbursement and Authorization Request and Agreement signed by the employee and supervisor, then forwarded to the Department Director for consideration. If approved, the Department Director shall submit a completed Cell Phone Reimbursement and Authorization Request (see Attachment 2), and proof of cell phone coverage to the Finance Department. If there is a change in an employee’s responsibilities that would disqualify them from continuing to receive the supplemental compensation, the supervisor must immediately take the necessary steps to terminate the supplemental compensation, effective with the date that the employee’s responsibilities changed. Supervisors shall conduct an annual review and document the continued qualification for the supplemental compensation. Regardless of when the supplemental compensation is established, it will cease at the end of the fiscal year (June 30). A new Cell Phone Reimbursement and Authorization Request Form shall be submitted to the Department Director for consideration. The cost of the reimbursement is a departmental expense. Qualifying employees receiving reimbursement shall acquire and maintain an active cell phone service that provides national coverage and has an activated voicemail feature. Qualifying employees will provide their supervisors with a copy of one month’s cell phone statement to document the specified coverage and ownership of account. Qualifying employees must be the primary owner of the cell phone plan to be eligible for reimbursement. Qualifying employees shall notify the Department Director within 15 days of any changes in his/her cell phone service during the fiscal year. The employee’s cell phone number shall be provided to the Department Director for placement on contact/directory lists. The employee shall be available by cell phone while on duty. 4

Cell Phone Assignment & Usage Procedure F320 The Department Director will provide a list of authorized employees, reimbursement amount and a copy of each employee’s cell plan for the current fiscal year to Finance by June 1. VII. NON-COMPLIANCE: Employee’s assigned cellular telephones shall comply with this Procedure as a condition of continued usage of cellular telephone privileges. Misuse of a City issued cellular telephone will result in revocation of those privileges, possible disciplinary action up to and including discharge, and/or criminal charges. IX. EFFECTIVE DATE This procedure shall become effective February 3, 2009. DISTRIBUTION: Department Directors Central Services Procurement Manager Mayor City Manager Finance Procedure Manual 5

Cell Phone Assignment & Usage Procedure F320 ATTACHMENT 1 TELEPHONE & CELLULAR PHONE SERVICE REQUEST FORM To be completed for all telephone and cellular phone purchase, changes, additional equipment purchase and/or cancellations. RECEIPTS ARE REQUIRED FOR ALL PURCHASES. Copy of completed form should be forwarded to Finance-AP. THIS SECTION TO BE COMPLETED BY REQUESTING DEPARTMENT Request made by: _______________________________________________ Date: ____________________ Department: ___________________________________________________ Division: _________________ Service for the Following Employee(s): ____________________________________________________________________ Reason for Request: ____________________________________________________________________________________ Type of Service Needed: ____ Phone Purchase ____ New Plan ____ Additional Equipment Purchase ____ Additions ____ Deletions ____ Cancel Plan ____ Changes Plan Requested: _______________________________________________________________________________________ Assigned New Phone to Existing Account: _________________________________________________________________ G/L Account to be Charged: ______________________________ Contact Person: _________________________ ________________________________________ _____________________________ Department Head Approval Date THIS SECTION TO BE COMPLETED BY PURCHASER Received by: ___________________________________ Date Received: ____________________ Costs for: Installation $________ Equipment $________ Other ________________ $________ TOTAL COSTS $___________________ Remarks: _______________________________________________________________________ THIS SECTION TO BE COMPLETED BY CITY MANAGER AND FINANCE- CONTROLLER/TREASURER __________________________________________ _______________________________________ City Manger Approval Signature Finance-Controller/Treasurer _____ Approved _____ Not Approved ATTACHMENT 2 R k Form56 6

Cell Phone Assignment & Usage Procedure F320 Cell Phone Reimbursement and Authorization Request Form Complete this form to request reimbursement for cell phone expenses. The completed form must be signed and submitted to your immediate supervisor. The supervisor will submit to the Department Director for approval. Qualifying employees will receive a one-time reimbursement check in the amount of $180.00 payable (15.00 per month) or the cost to the employee if less; reimbursement to be paid at the end of each fiscal year for the prior year’s usage. Employees are required to provide proof/documentation (copy of monthly cell phone invoice showing coverage and employees name as owner of account.) Cell Phone Provider_____________________________ Cell Phone Number_____________________________ (will be published in contact listings) Cell Phone Coverage: Type of Plan: _________________________________________ Monthly Cost: $______________  I confirm that I will use the above phone for work-related purposes. I agree to provide this cell phone number to appropriate people/organizations who may need to contact me on the job, or on call. I further agree to carry this cell phone and keep it turned on at all times while on duty. A copy of signed form should be forwarded to Finance - Accounts Payable. Print Employee Name: ___________________________________________ Employee Signature: _____________________________________________ Supervisor Signature: _____________________________________________ Department Director Recommending Signature: ___________________________ ___Approved ____Not Approved If not approved, reason: ____________________________________________________________ Date: _____________ 7

Cell Phone Assignment & Usage Procedure F320 ATTACHMENT 3 City of Dover Mobile Phone Reimbursement Agreement This procedure is designed to govern the relationship between the city and an employee regarding reimbursement for business use of a personal mobile phone. Under the terms of this agreement, the city may elect to reimburse an employee for business use of a personal mobile phone in lieu of providing the employee with a city-owned mobile phone. The following clauses are agreed to by the city and the employee:  The option of reimbursing an employee for mobile phone use rather than providing a city-owned phone is at the sole discretion of the city and the employee’s supervisor. Reimbursement will be provided on a schedule determined by the Finance Department.  Provision of a mobile phone is not an employee benefit. It is a business tool issued by the city for the purpose of conducting city business. Therefore, the reimbursement in lieu of a city-issued phone is offered under the same conditions and for the same purpose. It may be revoked at any time for any reason by the city, and is subject to annual budgetary approval.  An employee’s shared use of a personal phone for both city and personal business does not imply that personal use of the phone is acceptable during an employee’s time at work. Personal use during working hours is only acceptable on an occasional basis for specific purposes, and can be curtailed or prohibited at a supervisor’s discretion.  The city will not compensate an employee for the cost of new equipment, and will not be held liable for damage or repair costs of equipment.  The amount of reimbursement will not be influenced by the amount the service is used for business purposes. Unusually high activity on the line of service due in part to its use for business purposes will not entitle the employee to an increase in the reimbursement amount.  The phone number to be used by the employee on their personal mobile phone must be a local phone call from the City of Dover. The phone number must not be changed throughout the term of employment unless approved by the Department Director.  The phone number for the personal service may be distributed by the supervisor as he/she sees fit for the purposes of the city. The fact that the phone line is also the personal number for the employee will not be considered when deciding how to distribute the number.  The employee will be expected to answer the phone in an appropriate fashion for business purposes. Likewise, voicemail greetings will acknowledge the full name of the employee and be appropriate for business purposes.  The applicable provisions contained in the City’s Cellular Phone Assignment and Usage, Procedure # F320, Dated February 3, 2009, or latest revision, shall apply to this procedure without restating.  This agreement may be amended at anytime by the city.  A copy of signed agreement should be forwarded to Finance - Accounts Payable. I, the undersigned, have reviewed this policy and agree to abide by its terms. __________________________________________________________ ____________ Employee Signature Date 8

Cell Phone Assignment & Usage Procedure F320 ATTACHMENT 4 City of Dover Annual Department Director Cell Phone Review Report (Due Annually to Finance on June 1) To: Finance - Accounts Payable I, ___________________________ have reviewed the cell phone use of ______________________ (Department Director) (Department) and determined the following: _____ List of authorized users has been reviewed and approved (Attached). _____ Determined that assigned calling plans are appropriate or have been Changed to an appropriate plan as needed. _____ Spot reviews of monthly bills indicate that employees are following the policy. ______________________________ Department Head Signature ___________________ Date Form57 9

Cell Phone Assignment & Usage Procedure F320 ATTACHMENT 5 CITY OF DOVER CELL PHONE ASSIGNMENT NUMBER & SIGNATURE To be signed upon receipt a list of authorized users for the City of Dover Cell Phone Device. Cell Phone # Employee Name (Print) Employees Signature 10

City of Dover Vehicle Usage Authorized On-Call/Emergency Employees Calendar Year 2011 Department: City Manager Approval: Submitted by: Date: One Way Mileage Normal Employee’s Designation of from Vehicle Duty Hours Employee’s Name Telephone Use: On-Call or Employee’s Number of Number Emergency Residence Employee to Work 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

City of Dover Vehicle Usage Authorized On-Call/Emergency Employees Calendar Year 2011 Department: City Manager Approval: Submitted by: Date: One Way Mileage from Normal Duty Employee’s Vehicle Employee’s Name Employee’s Hours of Telephone Number Residence to Employee Number Work 1 2 3 4 5 6 7 8 9 10 11 12

Calendar Year 2011 Tax Documentation

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee AGENDA OF: 09-26-2011 DEPARTMENT OF ORIGIN: City Council DATE SUBMITTED: 09-19-2011 PREPARED BY: Traci A. McDowell, City Clerk on Behalf of Council President Leary SUBJECT: Review, Consolidation and/or Elimination of City Committees, Commissions, and Boards - Dover Human Relations Commission EXHIBITS: Human Relations Commission History TIMETABLE: Recommendation to City Council on 10-10-2011 RECOMMENDED ACTION: Recommend Approval of Committee’s Recommendation BACKGROUND AND ANALYSIS With increasing staff vacancies, and in consideration of current hiring limitations, Council President Leary has requested members of Council and City Staff to explore possible efficiencies within the City of Dover committees, commissions, and boards. Some boards appear to serve like purposes and others have become obsolete; therefore, the Committee will consider whether any groups can be consolidated or eliminated. Several recommendations have been received and will be considered by the committee in the following weeks and months. /tm S:\CAFS\09-26-2011-LF&A CAF - Review, Consolidation or Elimination of City Committees, Commissions, and Boards - Dover Human Relations Commission.wpd

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee AGENDA OF: 09-26-2011 DEPARTMENT OF ORIGIN: City Council DATE SUBMITTED: 09-19-2011 PREPARED BY: Traci A. McDowell, City Clerk on Behalf of Councilman Anderson SUBJECT: Proposed City of Dover Prescription Assistance Plan EXHIBITS: 1) United Networks of America Free Statewide Prescription Assistance Program Presentation Dated August 19, 2011 TIMETABLE: Recommendation to City Council on 10-10-2011 RECOMMENDED ACTION: Implementation of Prescription Assistance Plan BACKGROUND AND ANALYSIS At the request of Councilman Anderson, information related to United Networks of America Free Statewide Prescription Assistance Program was obtained and is being provided for the Legislative, Finance, and Administration Committee’s review. /tm S:\CAFS\09-26-2011-LF&A CAF - Proposed City of Dover Prescription Assistance Plan.wpd