CCW Minutes and Attachment 1

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on October 10, 2023, at 6:00 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mr. Lewis was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shevock (via WebEx), Ms. Smith (via WebEx) (Legislative, Finance, and Administration), and Mr. Tholstrup (Parks, Recreation, and Community Enhancement). Mr. Lewis (Parks, Recreation, and Community Enhancement) was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. Review of Active Recreation Plan – Windward Ridge Apartments on West Denneys Road (Planning Reference Site Plan #S-23-19) (Mary Ellen Gray, Planning and Community Development Director) Ms. Dawn Melson-Williams, Principal Planner reviewed the background and analysis regarding the Active Recreation Plan for Windward Ridge Apartments on West Denneys Road. Staff recommended forwarding the item to the Planning Commission, with a recommendation of approval of the Active Recreation Area Plan for Site Plan Application (Reference #S-23-19 Windward Ridge Apartments) subject to review comments of the Recreation Plan Review Report. Responding to Mr. Rocha, Ms. Melson-Williams stated that West Denneys Road is a state- maintained road which means, how the project gains access to that road is subject to review by the Delaware Department of Transportation. The project will have to meet their requirements from the information provided. DelDOT has started the review of the site plan, and it qualifies for an area- wide study fee in lieu of having to do a full Traffic Impact Study. Ms. Melson-Williams stated that this means the project will have to meet the requirements for that entrance if they have to dedicate the right-of-way design to meet DelDOT standards. Responding to Mr. Sudler, Ms. Melson-Williams stated that as a part of the DelDOT review of the entrance, there are a number of divisions in DelDOT that look at the entrance design. However, the area-wide study fee is a payment into a program that allows for the money collected to be used

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 10, 2023 PAGE 2 for traffic studies and initiatives in the area. Ms. Melson-Williams also stated that it does not specifically focus on immediate safety concerns with the proposed entrance plan. Responding to Mr. Boggerty, Ms. Melson-Williams stated that the parking requirement is 2.25 parking spaces per dwelling unit, and for the proposed project site that equates to 675 parking spaces. Ms. Melson-Williams stated that the current design is proposing 724 parking spaces, including surface parking and a series of garage parking opportunities. Responding to Mr. Tholstrup, Ms. Melson-Williams stated that the trail has been identified as a mulch surface because it would run through what remains of the wooded areas. Ms. Melson- Williams also stated that the trail will be meandering around tree cover so that trees are not removed in order to build the path. Responding to Mr. Sudler, Ms. Arndt stated that DelDOT has a gateway app that has traffic count information. Ms. Arndt stated that she is unsure how up-to-date the information is, but that the information can be pulled up by the roadway and it will show the different traffic counts. Ms. Arndt stated that she has worked with DelDOT engineers and planners in her professional career. They review projects and analyze the trip generation to determine what level of vehicular use the site will produce. Then they consider that information in their recommendations and the requirements for the traffic. Mr. Tholstrup stated that there are not a lot of amenities along West Denneys Road and while you may be able to bike or have active recreation within the community, getting into the city is potentially a hazard. Mr. Neil moved to recommend approval of the staff recommendation to forward to the Planning Commission for a recommendation of approval of the Active Recreation Area Plan for the Site Plan application. The motion was seconded by Mr. Anderson and unanimously carried. Mayor and Council Reports Council President Hare Council President Hare stated that he had nothing to report. First District Dr. Pillsbury reported that she attended the Hip-Hop event, which was great. Mr. Rocha reported that the First District will be holding a town hall meeting on November 2, 2023, at Maple Dale Country Club, from 6:30 p.m. until about 8:30 p.m. Second District Mr. Lewis was absent. Third District Mr. Neil reported that he met with Karen Speakman of NeighborGood Partners on housing issues. He requested that the City Clerk, Andria Bennett, send Ms. Speakman the list of the dangerous

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 10, 2023 PAGE 3 buildings that were recently ordered to be demolished. Mr. Neil also reported that he met with Senator Kyra Hoffner regarding the small houses down in Georgetown as Senator Hoffner is looking at land just outside of Dover proper. Mr. Neil stated that Senator Russell Huxtable will be at the Library on Wednesday, October 11, 2023, at 6:30 PM to discuss problems with housing and the cost of housing. Mr. Neil reported that Kings Cliffe has invited him back to see the changes that they made during their clean-up. Mr. Neil also stated that he has attended the DDP meetings, Kent County Tourism, Habitat events, a HUD renovation project, a police department graduation at Caesar Rodney High School, the employee barbecue at Schutte Park, the Delaware Arts Alliance breakfast, the International Art Council Forum at the Biggs Museum, and a ribbon cutting at 1147 South Governors Avenue. Mr. Neil also reported that he addressed constituent concerns regarding speeding in Towne Point, dogs barking in East Lake, and drainage and fence issues in Persimmon Park Place and Wild Meadows. Finally, Mr. Neil reported that he sent out two alerts on behalf of Councilwoman Arndt and himself regarding the 2023 Library Study as well as the city grounds division doing arbor maintenance on Loockerman Street on October 15, 2023. Ms. Arndt reported that she attended an event hosted by the Delaware State Housing Authority, which covered a preview of the 2023 Statewide Housing Needs Assessment. Ms. Arndt stated it was a multi-year study of housing conditions and trends within the state. The findings are intended to inform housing agencies and local governments in developing housing policies and coordinating resources. Ms. Arndt stated that it was a statewide assessment but there is data specific to Dover, Wilmington, and Newark. Ms. Arndt also reported that there will be a C-2 code amendment workshop in council chambers on October 11, 2023, from 4:00 p.m. until 7:00 p.m., and she encourages everyone to take a look at the proposed revisions for the C-2 Central Commercial Zone. Fourth District Mr. Anderson reported that he had normal reports of mosquitoes in Woodcrest and a resident has requested to approach council on the matter. Mr. Anderson stated that he attended the Kent Economic Summit at DelTech, which covered how the city can adapt to the coming AI revolution. Mr. Anderson thanked Councilwoman Arndt and Representative Kerri Harris for helping get information to constituents about bus transportation, and relaying their concerns as DelDOT is trying to update. Mr. Anderson also reported that he was part of the DDP committee meetings to look at proposals for the old ACME building. Mr. Anderson also attended the police graduation and stated that it is a privilege to support people who are willing to stand up and support the community. Mr. Anderson also reported that he has received complaints about loose Pit Bulls running around in people’s yards and on the street. Mr. Sudler reported that he met with Tina Bradbury to review some new business owners’ concerns regarding the process of getting permits and applications filled out so that there is some clarity on the process. Mr. Sudler reported that he met with Councilman Anderson, Rocha, and Boggerty to discuss disparity studies done in Baltimore and to discuss how to bring those examples to the City of Dover to help the Capital. Mr. Sudler also reported that he is working with Mr. Gaddis as a liaison between council and the Dover Human Relations Commission, as well as, the State Division of Human and Civil Rights (formerly the State Human Relations Commission), and Ms. Doris Cooper to provide training to the commissioners. Mr. Sudler spoke with constituents in Woodcrest regarding their need for speed bumps, he attended the 50th Hip-hop Anniversary and worked with the owner of 2 Queen Street to make progress with getting her water on and getting

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 10, 2023 PAGE 4 her permits. Mr. Sudler also reported that he attended two community meetings that focused on constituent’s concerns regarding how the city administers its rules and regulations in code enforcement. Mr. Sudler stated that Councilman Anderson and himself are working on a Fourth District meeting. At-Large Mr. Boggerty reported that he participated in the modified Faith in Blue due to the inclement weather. Mr. Boggerty stated that he is working with a Delaware State University representative to organize a trip for their student government to visit City Council and see how the local government works. Mr. Boggerty reported that he has been in contact with Pastor Lomax, and he has connected her with Mr. Stafford and the Lights on Program so that she can light up the area. Mr. Boggerty stated that he also connected Pastor Lomax with other city liaisons such as Reverend Rita Paige and others who have great knowledge of working within the city. Finally, Mr. Boggerty reported that he filled in for the Mayor at the IMA meeting, and he is working with a business on addressing how to make sure their signage meets the code requirements, and he attended the Delaware State University prayer breakfast. Mayor Christiansen Mayor Christiansen stated he would submit his report electronically. Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting, hearing no objection the meeting adjourned at 6:34 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. N. Bradford Street – Street, Sidewalk, and Tree Plan (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the N. Bradford Street - Street, Sidewalk, and Tree Plan. Staff recommended authorizing staff to proceed with creating bid specifications as described after conducting an informational session with residents. Responding to Mr. Anderson, Mr. Lyon stated that the trees have roots that are also growing underneath the street bed, and if you take a normal milling machine to chop up the asphalt you cannot go over the roots because it would jeopardize the tree causing massive damage and liability. The extra $15,000 is for the handwork that is needed to work around those areas since the contractor could not use a machine. The estimate for the project was originally done in 2019 and

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 10, 2023 PAGE 5 the cost has increased over the last four years, as well as a five percent increase for the use of the pervious asphalt as compared to normal concrete. Responding to Mr. Sudler, Mr. Lyon stated that the City of Dover received bond bill money to do some downtown Dover improvements, which includes Loockerman Street from State Street to Forest Street by the Duncan Center, and that project is to upgrade the utilities, streets, and sidewalks. Mr. Lyon stated that if the Bradford Street project is pushed through, Loockerman Street could be an area that could be done as well, however, the proper funding must be acquired for that project as well as the design. Mr. Lyon stated that the sidewalk cannot be done alone because there would have to be water service improvements, and sewer improvements as the project moves from the bottom up. Ms. Arndt recommended that in the future the city could have a tree inventory carried out, assess the tree’s health, a maintenance plan, and decide which trees may be older, and need to come down and be replaced. Responding to Ms. Arndt, Mr. Lyon stated that if the city has not driven a water line through the concrete or a sewer line then they will provide normal wear and tear fixes under the warranty for five years. Mr. Lyon also stated that when they were working with the consultant, they had reached out to the distributor and the product was available nearby. Mr. Neil recommended using Bradford Street as a pilot project to see how the cement works and then as improvements move forward, everyone will have a better idea of the product, an inventory of all the trees, and what must be done to the pavements for ADA compliance. Responding to Mayor Christiansen, Mr. Lyon stated that a public hearing will need to be scheduled, bidding takes three months from start to finish, so the project should be completed around spring of next year if the funding is found. John Grady, 424 North Bradford Street, Dover, expressed his gratitude for the plan to save the trees and to fix the curbs on Bradford Street. However, Mr. Grady expressed his concerns about the work being done on State Street and how it compares to the project slated for Bradford Street. Responding to Mr. Grady, Mr. Lyon stated that the North State Street project was a water main replacement project and it was taken from water funds. If water funds were used for the project to improve the street infrastructure, the sidewalks, the curb, and the rest of the road, it would not be financially prudent. Mr. Lyon also stated that North State Street is a state-owned road, and it was requested that only the pavement be done that was disturbed by the water main construction. Susan Yost, 11 Cecil Street, Dover, expressed her support for the proposed plan to address the trees on Bradford Street. Ms. Yost stated that she agrees with the plan to have a survey done of the current trees. Joan Denney, 350 North State Street, Dover, expressed her concerns with the lifted sidewalks on State Street and how they have become a fall hazard. Ms. Denney stated that many of the homes on State Street as well as Bradford Street do not have air conditioning and they depend on the

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 10, 2023 PAGE 6 shade from the trees. Ms. Denney also stated that due to reverberation from construction in front of her house, she had to replace an old pipe running through the home. Ms. Denney expressed that as those projects start, she hopes that everyone will be very careful because it is not just the trees, streets, and sidewalks that are old, but the plumbing in the homes as well. Ms. Arndt moved to recommend authorizing staff to proceed with creating bid specifications and conducting an informational session with residents. The motion was seconded by Mr. Rocha and unanimously carried. Authorization to Apply for Staffing for Adequate Fire and Emergency Response (SAFER) Grant (Chief David Carey, Dover Fire Department) Mr. David Carey, Chief of the Dover Fire Department, reviewed the background and analysis regarding the Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Staff recommended authorizing the Fire Chief to apply for the Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Mr. Hare moved to recommend approval of the staff’s recommendation. The motion was seconded by Mr. Shevock and unanimously carried. Discussion of Recommended Changes to the Procedure for Requesting a Legal Opinion (Council President Hare) Mr. William Hare, Council President, reviewed the background and analysis regarding the recommended changes to the procedure for Requesting a Legal Opinion. Committee action was not required. Mayor Christiansen stated that he concurs with Council President Hare that all legal opinions from city staff should go through the City Manager for approval before they are forwarded to the solicitor. Mayor Christiansen stated that the City Manager is the city’s Chief Operating Officer, and that it is important for city staff to go through him, but that, as far as advice, staff needs to be able to call upon the city solicitor. Council President Hare stated that any legal opinion should go through the clerk’s office to make sure the same opinion has not already been obtained, whether it is council or anyone, it should not be assumed that they can get a legal opinion on their own. Mr. Sudler requested that Andria Bennett, City Clerk, read the policy so that there is a clear understanding of what the current policy states before any changes are considered. Mr. Sudler also stated that there is a difference between legal opinion and legal advice. Andria Bennett, City Clerk read the Procedure for Requesting a Legal Opinion (Attachment #1). Responding to Mr. Sudler, Ms. Bennett stated that the City Clerk’s office does not receive the bill as they are delivered to the City Manager’s office.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 10, 2023 PAGE 7 Responding to Mr. Sudler, Mr. Hugg stated that the city is billed on an hourly basis, the billing includes the solicitor, deputy solicitor, paralegals, and others in the solicitor’s office. Mr. Hugg stated that the bill is itemized by the issue brought forward and that the current rate is about $270 an hour as the rate increased last year. Mr. Hugg also stated that as Mr. Sudler was trying to point out, a legal opinion is work that is done by an attorney when they look at case law and any underlying legislation. In terms of legal advice, Mr. Hugg stated that it is not unusual for him to pick up the phone and ask the solicitor to review a document, which may only take 15 minutes of his time. Mr. Hugg stated that for the operations of the City of Dover, they need the ability to determine if what they are looking for is a quick piece of advice from the solicitor. Mr. Hugg stated that he seeks advice from the solicitor to keep the city out of trouble and sometimes it can be as simple as he would like the solicitor to give him the approval to sign a document on behalf of the city. Mr. Sudler stated that he agrees with the mayor and city manager, and if advice is needed to keep the city out of financial harm’s way, that is expected, but the concern is with saving the constituents’ tax dollars and being good stewards. Responding to Mr. Sudler, Mr. Hugg stated that the city is billed in 15-minute increments, and by who did the work. Mr. Sudler stated that he would recommend having a tracking system to keep track of legal advice requests. Responding to Mr. Sudler, Mr. Hugg stated that the city manager’s budget has a line that covers legal expenses. Mr. Sudler asked that two lines be created in the budget, one for legal advice, and one for legal opinions, to see how much money is being spent and if it fluctuates. Responding to Mr. Rocha, Mr. Hugg stated that the city is billed in 15-minute increments. Mr. Hugg stated that if it takes 20 minutes, the city may be billed for 30 minutes, but that it is in 15- minute increments on the bill. Responding to Dr. Pillsbury, Mr. Hugg stated that the bill is broken down by subject matter, the people involved, and the charges. The responsibility to determine if it is advice or an opinion would fall on the City Manager’s office and the City Clerk’s office. Proposed Ordinance #2023-11 – Amending Chapter 30 – Standards of Ethical Conduct and Ethics Commission, Article 3 – Ethics Commission, Section 30-71 – Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal council (Councilman Anderson and Dr. Pillsbury) Mayor Christiansen reviewed the background and analysis regarding the proposed Ordinance #2023-11.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 10, 2023 PAGE 8 Staff recommended approving the proposed Ordinance #2023-11, adding a residency requirement to serve on the Ethics Commission. Mr. Sudler expressed his concerns with the process of handling any members who currently serve on the Ethics Commission who may not live within the city. Responding to Mr. Sudler, Mayor Christiansen stated that the committee members would be allowed to decide if they wished to stay or not, so it would not be an automatic removal. However, in good conscience, if they do not live in the city, they should revert the position back to one of the constituents. Ms. Arndt expressed concerns about precluding an individual from serving who is committed to the city, lives within the City of Dover area, and wants to serve. Ms. Arndt stated that it is hard to get appointees and volunteers as it is. Responding to Ms. Arndt, Mr. Anderson stated that he also feels that broadly saying a member must be a resident on all committees is wrong because it depends on the nature of the committee. However, Mr. Anderson stated that there are some committees in which a residency requirement makes sense. For example, the Human Relations Commission and the Planning Commission. Mr. Anderson stated that if the Ethics Commission is going to potentially place a judgment on people in the city and city employees, then it should be made up of constituents of the city. Mr. Sudler stated that there are individuals who live in the City of Dover but are not annexed into the city because they live in the county but pay utility bills. Mr. Sudler stated that there must be consistency across the boards, and you should not be limited to only the City of Dover. Mr. Sudler suggested that it be preferred that they live in the City of Dover, but not required. Mr. Sudler stated that consistency equals fairness, and that is what has been addressed recently in the community meetings. Mayor Christiansen expressed that City of Dover residents should be on the committees. They are the voters; they are the constituents and the taxpayers. During open forums and during the Council Committee of the Whole meetings, people who live outside the city are allowed to voice their opinion, but ultimately the decisions that are made for the City of Dover should be made by the mayor and council committees, staffed by residents from the city. Mr. Neil moved to recommend approval of the proposed Ordinance #2023-11 by adding a residency requirement to serve on the Ethics Commission as recommended by staff. The motion was seconded by Dr. Pillsbury and carried with Ms. Arndt and Mr. Sudler voting no. Joan Denney, 350 North State Street, Dover, stated that the people who make the changes that involve taxpayer’s dollars, and spend taxpayer’s dollars should live in the city and pay taxes. Ms. Denney recommended putting a request for opinions in the state newspaper. Ms. Denney expressed dissatisfaction with the suggestion that committee members are not to be required to be City of Dover residents.

COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 10, 2023 PAGE 9 Resolution No. 2023-16 – A Resolution to Permit the City of Dover to Enter into a Contract with the State Board of Pension Trustees to Allow the City to Participate in the State of Delaware County and Municipal Pension Plan (David S. Hugg, III, City Manager) Mr. David S. Hugg III, City Manager reviewed the background and analysis regarding Resolution No. 2023-16. Staff recommended approving Resolution No. 2023-16 to allow the City of Dover to apply to join the State of Delaware Pension Plan. Responding to Dr. Pillsbury, Mr. Hugg stated that the language used is that of the state language and is in the state pension law. Mr. Hugg stated that the way the resolution is written is exactly what the state requires to begin the process. Responding to Mr. Anderson, Mr. Hugg stated that he believes this would be a budget-neutral decision. In previous discussions, it was decided that if the city were to join the State Pension, then the city would no longer make a matching contribution to the 401 or IRA-based plans. Employees could continue to have them withdrawn from their paychecks, but the pension would become the de facto pension plan for everyone who fell under that provision. Responding to Mr. Sudler, Mr. Hugg stated that if the resolution is approved then he will contact the State Pension Office to initiate the procedure which includes identifying all employees who would be eligible. Then an actuarial assessment would need to be done of what the cost of bringing them into the program would be if the city wanted to buy in at any time and in terms of moving forward. Every employee would have to make the determination on whether they are going to leave their current pension plan and join the State or not. When that process is finished it will be brought back to council to present the number of employees, and the amount it would cost for the different scenarios beginning on July 1. Mr. Sudler moved to recommend approval of the staff’s recommendation to move forward and to inquire. The motion was seconded by Mr. Hare and unanimously carried. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 8:02 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 8:02 p.m. William F. Hare Council President Attachments Attachment #1 - Procedure for Requesting a Legal Opinion

ATTACHMENT #1 Council Committee of the Whole Meeting of 10/10/2023 City of Dover PROCEDURE FOR REQUESTING A LEGAL OPINION PURPOSE 1. To establish a uniform procedure for requests for legal opinions. 2. To ensure mandatory permanent retention of all legal opinions. 3. To manage legal expenses. 4. To avoid duplication of requests for legal opinions. 5. To maintain an accurate tracking system for legal opinions. DEFINITIONS Council Appointees - Shall mean those employees that directly report to the Mayor and City Council, as follows: City Manager, Chief of Police, City Assessor, Controller/Treasurer, City Planner, and City Clerk. It is noted that any request for a legal opinion by an employee of the City Manager would be submitted to the City Manager for processing. Legal Advice - Shall mean the guidance given by lawyers to their clients. The term “guidance” is important to this definition. It points to the key difference between a legal opinion and legal advice—i.e., that a legal opinion is an attorney’s analysis based on past or present facts, while legal advice is an attorney’s counsel and guidance as to what future actions the client should take (Black’s Law Dictionary). Legal Opinion - Shall mean a written document (formal or informal) in which an attorney provides his or her understanding of the law as applied to assumed facts (Black’s Law Dictionary). City Solicitor - Shall mean either the City Solicitor or the Deputy City Solicitor. CONFIDENTIALITY OF LEGAL ADVICE AND OPINIONS Any communication between the City Solicitor and representatives of the City is considered confidential, as it is protected under attorney-client privilege. STATEMENT OF PROCEDURE Members of City Council Should a member of Council wish to obtain either legal advice or a legal opinion, and that member has the support of two (2) other members of Council (Rule of 3), the written request will be forwarded to the Council President. The Council President will refer the question to the City Clerk to determine if there is a legal opinion or correspondence on file that may address the concern being brought forward. If there are records on file pertaining to the question, they will be distributed to the Mayor and all members of Council. If there are no records on file pertaining to the question, the City Clerk will refer the question to the City Solicitor. The City Solicitor will provide the legal advice or legal opinion to the City Clerk and it will be distributed to the Mayor and all members of Council.

Procedure for Requesting a Legal Opinion Page 2 STATEMENT OF PROCEDURE (CONTINUED) Council Appointees Legal Advice Should a Council appointee require legal advice on a pending issue or project, they will refer the question to the City Clerk to determine if there is a legal opinion or correspondence on file that may address their concerns. If there are no records on file pertaining to the question, the Council appointee will work directly with the City Solicitor to address their concerns. The Council appointee will provide any resulting written legal advice or opinion to the City Clerk for reference and permanent retention. Legal Opinions Should a Council appointee wish to obtain a legal opinion, they will refer the question to the City Clerk to determine if there is a legal opinion on file that may address their concerns. If there are no records on file pertaining to the question, the Council appointee will refer the question to the City Solicitor. The City Solicitor will provide the legal opinion to the Council appointee and copy the City Clerk for permanent retention. Department Heads Reporting to the City Manager Legal Advice Should a City Manager Department Head require legal advice on a pending issue or project, they will refer the question to the City Manager. If it is determined that legal advice is necessary, the City Manager will forward the question to the City Clerk to determine if there is an opinion or correspondence on file that may address their concerns. If there are no records on file pertaining to the question, the City Manager will either work directly with the City Solicitor to address their concerns or authorize the Department Head to work with the City Solicitor directly. The City Manager will provide any resulting written legal advice or opinion to the City Clerk for reference and permanent retention. Legal Opinions Should a City Manager Department Head wish to obtain a legal opinion, they will refer the question to the City Manager. The City Manager will forward the question to the City Clerk to determine if there is a legal opinion on file that may address their concerns. If there are no records on file pertaining to the question, the City Manager will either work directly with the City Solicitor to address their concerns or authorize the Department Head to work with the City Solicitor directly. The City Solicitor will provide the legal opinion to the City Manager and copy the City Clerk for permanent retention. /tm S:\CLERK'S OFFICE POLICIES AND PROCEDURES\CLERK'S OFFICE MANUAL\Procedure for Requesting a Legal Opinion Adopted 01-08-2018.wpd Actions History 01/08/2018 - Adopted - City Council 12/12/2017 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee