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2005 CHARTER REVIEW COMMITTEE
AGENDA
July 20, 2006 - 7:00 P.M. - Caucus Room - City Hall - City of Dover
AGENDA ADDITIONS/DELETIONS
1. Discussion - Creation of a Compensation Commission
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THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE
TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.
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DELAWARE CODE
TITLE 29
State Government
State Agencies and Offices Not Created by Constitution
CHAPTER 33. DELAWARE COMPENSATION COMMISSION
§ 3301. Established; composition; qualifications; terms of office.
There is established a commission known as the "Delaware Compensation Commission," hereinafter
referred to as the "Commission," consisting of 6 members, 2 of whom shall be appointed by the
Governor, 1 by the President Pro Tempore of the Senate and 1 by the Speaker of the House of
Representatives. The fifth member shall be the President of the Delaware Round Table. The Director
of the Office of Management and Budget of the State shall serve as an ex officio and nonvoting
member of the Commission. The appointees shall be persons not holding any public office nor
employed substantially full-time with compensation by this State while serving on this Commission.
Those appointed shall serve for a 6 year term. Any member is eligible for reappointment. (64 Del.
Laws, c. 449, § 1; 75 Del. Laws, c. 88, § 20(6).)
§ 3302. Chairperson; expenses.
The Commission shall elect 1 of its members chairperson. Members of the Commission shall be
reimbursed for actual and necessary expenses, including mileage, incurred while performing the
duties imposed by this chapter. The costs and expenses of the Commission shall be paid out of funds
appropriated to the Governor's office. (64 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.)
§ 3303. Remuneration study; report.
(a) The Commission shall make a study of the salaries, emoluments, mileage, per diem, travel and
other expense allowances and reimbursements (hereinafter collectively referred to as "remuneration")
of the members of the General Assembly, the Governor, members of the Governor's cabinet, the
Lieutenant Governor, the State Auditor, the State Treasurer, the Attorney General, the Insurance
Commissioner, the Justices of the Supreme Court, the Chancellor and Vice-Chancellors of the Court
of Chancery and all judges, associate judges and court commissioners of the Superior Court, the
Court of Common Pleas and the Family Court, the Chief Magistrate, the justices of the peace and
the Public Defender.
(b) On January 1, 1985, the Commission shall submit to the Governor, the Chief Justice, the
President Pro Tempore of the Senate and the Speaker of the House of Representatives its first report
establishing such remuneration. Thereafter, the Commission shall cause a report to be prepared every
4 years and submitted on the first day of the session of the General Assembly. The rate of
remuneration established in the report for offices which salaries are more than $25,000, except for
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the Governor shall not exceed 120% of the remuneration received in the fiscal year in which the
report is submitted. All departments and divisions of the State shall cooperate in furnishing to the
Commission such information as the Commission may deem to be necessary to discharge its duties.
With each report, the Commission shall include its recommendations to the Governor and General
Assembly concerning pension benefits for members of the General Assembly, subject to the approval
of the Board of Pension Trustees that such recommendations are based on reasonable actuarial
assumptions and that such recommendations shall not require any additional state appropriation. (64
Del. Laws, c. 449, § 1; 66 Del. Laws, c. 185, § 17; 67 Del. Laws, c. 281, § 10(c)(iii); 72 Del. Laws,
c. 395, §§ 40, 44.)
§ 3304. Effect of Commission report.
The remuneration for all offices specified in § 3303 of this title established by the report shall take
effect and have the force and effect of law as of the 1st day of February following submission, unless
the General Assembly shall by joint resolution reject the report in its entirety within 30 days
following the commencement of its session. (64 Del. Laws, c. 449, § 1; 66 Del. Laws, c. 303, § 33;
68 Del. Laws, c. 290, § 10(e).)
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CHARTER REFERENCE - CITY OF ANNAPOLIS MARYLAND
Article II ELECTION OF MAYOR AND ALDERMEN
Sec. 1. Wards.
The city shall be divided by ordinance into eight (8) wards of approximately equal population. One
(1) or more additional wards of the city may be established by ordinance if additional territory is
annexed to the city as provided in Article III, Section 4 of this Charter.
Sec. 2. General election dates.
The citizens and residents of the City of Annapolis qualified to vote for members of the General
Assembly of Maryland, and otherwise qualified by the registration and election laws for such cases
made and provided, shall elect by ballot, every four (4) years, beginning in 1985, on the first Tuesday
after the first Monday in November, a mayor; and the qualified voters, in each ward shall at the same
time elect by ballot one (1) resident of the ward as alderman.
Sec. 3. Terms; qualifications for office.
(a) The mayor and aldermen shall each serve terms of four (4) years, or until their successors are
elected and qualified. The beginning and ending of each term is as prescribed in Article II, Section
5 of this Charter.
(b) The mayor must be a registered voter in the city for at least two (2) years immediately preceding
the date of the general election. A person may not hold office as mayor for more than two (2) full
consecutive terms to which elected in the manner provided by Article II, Section 5 of this Charter.
(c) Aldermen, except those first elected from areas annexed to the city, shall be registered voters in
the city for at least one (1) year immediately preceding their election and a registered voter in the
ward from which they are elected for at least six months and must have resided in that ward for at
least six (6) months immediately preceding the date of the general election. (Amended by Res.
CA-6-94 § 1; Res. CA-1-86 § 1)
Sec. 4. Salaries; review commission.*
(a) The mayor and each alderman shall receive a salary as established by ordinance of the city
council in accordance with the procedures established in subsection (b) below. The mayor and
aldermen shall be allowed such amounts for expenses as established by ordinance.
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(b) (1) Not later than one (1) year prior to the date of any general municipal election for the election
of mayor and aldermen, the city council shall appoint a commission consisting of not less than three
(3) nor more than seven (7) residents of the city to review the compensation and allowances to be
paid to the mayor and aldermen during the ensuing terms of office.
(2) The commission, by resolution, shall submit its recommendations for compensation and
allowances to the city council not later than nine (9) months prior to the date of the next general
municipal election. The commission may recommend an increase or decrease in the compensation
paid to the mayor and aldermen.
(3) Upon receiving the resolution of the commission, the city council shall conduct a public hearing
regarding the commission’s recommendation. Thereafter, the city council may reduce or reject the
commission’s recommendation, but it may not increase any item in the resolution. The
recommendations contained in the resolution, and any permitted changes to such recommendations,
shall not become effective unless adopted by ordinance enacted at least three (3) months prior to the
elections of the next succeeding mayor and aldermen, and shall take effect only for the next
succeeding terms of office of the mayor and aldermen.
(4) The salaries specified at the time a mayor and aldermen take office may not be changed during
that period for which the mayor and aldermen were elected.
(Amended by Ord. CA-1-01 § 1)
* Editor’s note--Based on the recommendations of a commission appointed by the city council
pursuant to this section, Ord. O-18-01 altered the salaries of the mayor and alderman as follows:
A. Mayor. The mayor shall receive a salary of $65,000.00 per year.
B. Aldermen. Aldermen shall receive a salary of $12,000.00 per year.
Additionally, the city shall make available up to $1500.00 per year to each alderman to be use solely
for training, i.e., attendance at seminars, meetings, courses, and conferences that will enhance their
ability to fulfill their aldermanic functions. All unused monies shall revert to the general fund at the
close of the fiscal year.
C. Clerical Support. The city shall provide clerical help to take minutes at meetings of city council
committees and to assist with research, correspondence, notices, etc., directly related to the business
of those committees.
Ord. O-18-01 supersedes Ords. O-46-88 and O-63-84, amended, which increased the mayor’s salary
from that stated in § 4 of the Charter.
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