Attachment

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA FEBRUARY 23, 2015 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. AGENDA ADDITIONS/DELETIONS 1. REPLENISHMENT OF UNINSURED EXPENSES RELATED TO THE SETTLEMENT OF DOVER POLICE DEPARTMENT GRIEVANCES (REQUEST OF MAYOR CHRISTIANSEN) 2. CIVILIANIZATION OF THE POLICE ACCREDITATION MANAGER POSITION (POLICE DEPARTMENT) (STAFF RECOMMENDS THE CIVILIANIZATION OF THE CURRENT POLICE ACCREDITATION MANAGER POSITION AND ALLOWING STAFF TO REVISE THE DUTIES OF THE NEW POSITION AND PLACE IN THE CITY’S PAY SCALE IN ACCORDANCE WITH THE ASSIGNED DUTIES AND RESPONSIBILITIES) 3. PROPOSED RESOLUTIONS A. RESOLUTION NO. 2015-02 REQUESTING THE GENERAL ASSEMBLY TO AMEND ARTICLE V - MISCELLANEOUS PROVISIONS, SECTION 53 - MAYOR TO BE THE CONSERVATOR OF THE PEACE WITH COMPANION ORDINANCE #2015-06 AMENDING CHAPTER 62 - LAW ENFORCEMENT, ARTICLE II - POLICE DEPARTMENT, SECTION 62-32 - CHIEF OF POLICE GENERALLY AND SECTION 62-38 - SPECIAL POLICE (REQUEST OF MAYOR CHRISTIANSEN) B. RESOLUTION NO. 2015-03 REQUESTING THE GENERAL ASSEMBLY TO AMEND ARTICLE I - POWERS OF THE CITY, SECTION 1.05 - PROCEDURE TO EXTEND BOUNDARIES; AND ARTICLE II - MAYOR AND COUNCIL, SECTION 5 - COUNCIL TO BE LEGISLATIVE BODY; SIZE; DISTRICTS; TERMS OF MAYOR AND COUNCILMEN; QUALIFICATIONS, SECTION 6 - MUNICIPAL ELECTION; DATES, TIME, AND PLACE OF ELECTIONS, SECTION 7 - NOMINATION PETITIONS FOR CANDIDATES FOR COUNCIL AND MAYOR, SECTION 9 - MEETINGS OF MAYOR AND COUNCIL-GENERALLY, SECTION 10 - MEETINGS OF MAYOR AND COUNCIL-PROCEDURE, AND SECTION 13 - VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES (STAFF RECOMMENDS ADOPTION OF RESOLUTION NO. 2015-03) 4. ADJOURNMENT BY 7:00 P.M. /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COMMITTEE-AGENDAS\2015\02-23-2015 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.

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee AGENDA OF: 02-23-2015 DEPARTMENT OF ORIGIN: Police Department DATE SUBMITTED: 02-06-2015 PREPARED BY: Captain Tim Stump; Administrative Division Commander; Scott Koenig, P.E., City Manager SUBJECT: Civilianization of the Police Accreditation Manager EXHIBITS: 1) Wage and Benefit Information Form for Employee Hiring and Transfers 2) Hiring Justification Outline and 3) Permission to Recruit Form TIMETABLE: Consideration by City Council on 02-23-2015 RECOMMENDED ACTION: Authorize the civilianization of the current Police Accreditation Manager Position and allow staff to revise the duties of the new position and place in the City’s pay scale in accordance with the assigned duties and responsibilities. BACKGROUND AND ANALYSIS The purpose of CALEA’s Accreditation program is to improve the delivery of public safety services, primarily by: maintaining a body of standards, developed by public safety practitioners, covering a wide range of up-to-date public safety initiatives; establishing and administering an accreditation process; and recognizing professional excellence. Specifically, CALEA’s goals are to:  Strengthen crime prevention and control capabilities;  Formalize essential management procedures;  Establish fair and nondiscriminatory personnel practices;  Improve service delivery;  Solidify interagency cooperation and coordination; and  Increase community and staff confidence in the agency. The CALEA Accreditation Process is a proven modern management model; once implemented, it presents the Chief Executive Officer (CEO), on a continuing basis, with a blueprint that promotes the efficient use of resources and improves service delivery—regardless of the size, geographic location, or functional responsibilities of the agency. By recent City Council votes, the Police Department’s authorized strength is 102 officers. Cpl. Jeffrey Matthews has announced his intention to retire and began his terminal leave on February 17, 2015. In lieu of filling his position with a new police officer, staff is proposing to civilianize our Accreditation Manager position, which is currently being held by a Patrolwoman First Class, whose annual salary is $62,774. The police department has been Nationally Accredited since the year 2000 and the standards set forth by CALEA (Commission of Accreditation for Law Enforcement) are essential in maintaining our professionalism. Chief Bernat has agreed to allow the authorized strength of the department decrease from 102 to 101 in exchange for civilianizing the Accreditation Manager position at an estimated annual salary of $45,000. This will be a substantial cost savings as seen in the projection below:

Dover Police Department Accreditation Manager Payroll Cost Comparison Summary FY15 (Apr-Jun) Costs * FY15-19 Costs Savings Item Officer Civilian Officer Civilian Remarks Salary 10,631 11,466 229,803 203,001 26,802 based on FY15 budget info Unscheduled Overtime - - 21,800 - 21,800 Social Security 659 711 14,248 12,587 1,661 Medicare 154 166 3,331 2,944 387 Health Insurance 1,712 1,712 28,596 28,596 (0) employee only Life Insurance 20 21 428 375 53 Worker's Compensation 419 452 9,068 8,010 1,058 AD&D 4 4 83 73 10 Vision Insurance 10 10 170 170 (0) OPEB 1,265 - 27,347 - 27,347 Retirement 1,435 688 31,023 12,181 18,842 Total Benefits 5,678 3,765 139,922 64,937 74,985 Total Salary + Benefits 16,309 15,230 369,725 267,937 101,788 Training, Uniforms, Equipment & see breakouts at succeeding tabs 10,326 - 12,943 - 12,943 Ammo details Total Cost Per Position 26,635 15,230 382,668 267,937 114,730 * Note FY15 training, uniforms, equipment & ammo costs reflect start-up costs for new as of: 2/6/15 police officer, not existing officer already assigned to the department. City Manager Comments: Furthermore, the City Manager and Police Chief have discussed adding additional duties to the position to include a Crime Analysis function. A job description must be proposed by the Police Department and reviewed by the Human Resources Department to appropriately place the position within the City’s pay system. Based on the request of the Police Department, it is likely that the proposed position will be titled Crime Analyst / Accreditation Manager. The job description and pay grade will finalize after authorization from City Council to civilianize the position.

PERMISSION TO RECRUIT REQUEST TO: CITY MANAGER DATE: 02/06/2015 FROM: CHIEF PAUL M. BERNAT DEPARTMENT: DOVER POLICE DEPARTMENT TITLE OF POSTION: Police Accreditation NUMBER OF POSITIONS REQUESTED: 1 Manager TYPE OF POSITION: (select one) Regular Full-Time  Regular Part-Time  Temporary Full-Time  Temporary Part-Time  START EMPLOYMENT ON: April 1, 2015 OPENING IS DUE TO: (select one) Termination  Transfer  Retirement Promotion  Resignation  New Position X Other: N/A NAME OF PREVIOUS EMPLOYEE: N/A *TYPE OF RECRUITMENT DESIRED: All out-of-house job postings will be advertised in local newspapers (State News & Dover Post), website and Dover TV. PLEASE INDICATE ADDITIONAL WEBSITES OR PROFESSIONAL ORGANIZATIONS FOR RECRUITMENT: Along with the publications listed above, we will also advertise in the News Journal. Department Head Signature Approved  Denied  Financial & Budgetary Review  Completed City Manager Controller Created: September 2012, Human Resources P:\Committee Action Forms\Drafts\Permission to Recruit Accreditation Feb 2015.docx

Hiring Justification Outline 1. Explain the principal function of this job. The principal function of this position is managing the accreditation process and to ensure that the department maintains and complies with 483 standards set forth by CALEA (Commission of Accreditation for Law Enforcement). Additionally, the Accreditation Manager coordinates with assessors through the National CALEA Office and is responsible for collecting and providing “proofs” showing the department’s compliance. 2. Explain why this position is critical and cannot go unfilled or postponed. It is essential for the department to maintain a standard of professionalism that it has become accustomed to. The police department first became accredited in the year 2000 and has since received the prestigious honor of being awarded “Accreditation with Excellence”, one of only 35 police agencies in the United States to reach this level. It would not be feasible to let this position go unfilled or to postpone it. Accreditation is an ongoing process that needs to be constantly monitored to maintain. 3. How would City services diminish if this position were not filled or postponed at this time? The standards of Police Department would be diminished by not staying current with the CALEA expectations, which are ever-changing. This would ultimately adversely affect the service provided to the community. 4. Are there other employees whose ability to perform would be diminished by not filling or postponing this position? Yes. The responsibilities of this position would then fall upon another officer which would adversely affect our manpower. 5. Is there a person that can be promoted into these positions and whose position is less critical at this time and can go unfilled permanently or temporarily? No. This position is essential for a police agency of our size. 6. Can one or more existing employees absorb the duties of these positions? No. We do not have the staffing necessary to absorb these duties and this position in and of itself is a full-time position. We currently have a police officer in

this position but by civilianizing it, we will add to the number of officers on the street, which will increase public safety. 7. Could a temporary person be hired to fill these positions for 60 days? No, there are too many complexities involved with this position. 8. Grade / Salary Information Recommended $45,000 Annual Salary

City of Dover MAYOR AND COUNCIL 1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2015-02 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 amended to 5 establish a police chief selection committee comprised of the mayor, council president, chair of the safety 6 advisory and transportation committee, city manager, and the human resources director. Therefore, the Mayor 7 and Council of the City of Dover respectfully request the General Assembly of the State of Delaware to amend 8 Article V - Miscellaneous Provisions, Section 53 - Police; Mayor to be conservator of peace, of its Charter, 9 which amendments, if adopted by the General Assembly, would be as follows: 10 ARTICLE V. MISCELLANEOUS PROVISIONS 11 Sec. 53. Police; mayor to be conservator of peace. 12 There shall be a city police force, the number thereof and their salaries shall be determined by the council, but 13 they shall be chosen and appointed by the mayor. The mayor is hereby vested with all the powers of a 14 conservator of the peace within the city limits. A police chief selection committee comprised of the mayor, 15 council president, chair of the safety advisory and transportation committee, city manager, and human 16 resources director shall advise the mayor on the nomination of the police chief. The mayor shall appoint 17 nominate a chief of police, whose appointment shall be effective upon confirmation by the city council. 18 The chief of police shall be subject to removal at any time by the mayor, with the affirmative vote of two- 19 thirds of the members elected to the city council, in accordance with applicable laws. The members of the 20 police force shall be subject to his/her the direction and orders of the chief of police delivered through the 21 proper chain of command and in accordance with applicable laws and ordinances. They shall preserve peace and 22 order, and compel obedience within the city limits to the ordinances of the city and the laws of the state. They 23 shall have such other duties as the council and the mayor mayor and the city council shall prescribe by 24 ordinance. 25 Each member of the police force shall be vested with all the power and authority within the city limits and 26 within one mile outside of said limits, (and, in the case of the pursuit of an offender, without limit) of a constable 27 of Kent County. 28 ADOPTED: * 29 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\CHARTER AMENDMENT RESOLUTIONS\2015\RESOLUTION NO. 2015-02 Sec. 53 - Mayor to be the Conservator of Peace\Resolution No. 2015-02 Proposing 30 the Establishment of a Police Chief Selection Committee.wpd 31 32 ROBIN R. CHRISTIANSEN DAVID L. BONAR 33 MAYOR COUNCIL PRESIDENT 34 Actions History: 35 February 23, 2015 - Scheduled for Introduction at Legislative, Finance, and Administration Committee P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

CITY OF DOVER PROPOSED ORDINANCE #2015-06 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 62 - Law Enforcement, Article II - Police Department, Section 62-32 - Chief of police 4 generally, and Section 62-38 - Special police, be amended by deleting the text indicated in bold, red strikeout 5 and inserting the bold, blue text, as follows: 6 ARTICLE II. - POLICE DEPARTMENT 7 Sec. 62-31. - Generally. 8 (a) Established. There shall be a city police department, which shall preserve peace and order and, 9 within the city limits, compel obedience to all city ordinances and the law. 10 (b) Officers. The city council shall, upon adoption of the annual budget, designate the number and 11 salaries of the individual police officers who shall comprise the police department. The mayor shall 12 choose and appoint the police officers. 13 Sec. 62-32. - Chief of police generally. 14 (a) Designation. One of the regular members of the police department shall be designated by the 15 mayor to serve as chief of police. A police chief selection committee comprised of the mayor, 16 council president, chair of the safety advisory and transportation committee, city manager, 17 and human resources director shall advise the mayor on the nomination of the police chief. 18 The mayor shall nominate a chief of police, whose appointment shall be effective upon 19 confirmation by the city council. The chief of police shall be subject to removal at any time by 20 the mayor, with the affirmative vote of two-thirds of the members elected to the city council, 21 in accordance with applicable laws. 22 (b) Functions. The chief of police shall have the authority to supervise and direct the police department 23 and, pursuant to such authority, he shall promulgate police department rules and regulations, three 24 copies of which are on file at the police department. 25 (c) Reports. The chief of police shall submit monthly reports to the city council giving the number of 26 arrests and other pertinent information required by the city council. 27 Sec. 62-33. - Oath of police officers. 28 Every police officer, before entering upon his duties, shall be sworn by the mayor to perform his 29 duties faithfully. 30 Sec. 62-34. - Enforcement of laws and ordinances. 31 It shall be the duty of each police officer to diligently inquire into the observance of the laws and 32 ordinances within the city and, in case of a breach, to cause the offender to be legally proceeded against.

Proposed Ordinance #2015-06 - Chapter 62 - Law Enforcement Page 2 33 Sec. 62-35. - Authority to preserve order at fires. 34 The police department shall have the authority, upon an alarm of fire, to report to the scene of a fire 35 to preserve order and render any assistance to the fire department that may be practical. 36 Sec. 62-36. - Disciplinary authority of chief of police. 37 (a) Generally. The chief of police shall have final disciplinary authority and responsibility within the 38 police department, subject to appeals to the mayor, and shall promulgate and carry out such 39 disciplinary procedures as may be needed within his command. The chief of police shall, where 40 cause exists, have the authority to suspend from duty an employee for a period of time not to exceed 41 30 days, to reduce employees in rank or pay grade, to place employees on probation and to suspend 42 such sanctions as the need arises, or to dismiss an employee from service. 43 (b) Appeal. Any employee so disciplined has the right to appeal, on the record, to the mayor. 44 (c) Subpoenas. The chief of police, with approval from the mayor, shall, for the limited purpose of 45 compelling the appearance of witnesses before the professional standards board of the city police 46 department, sitting for the purpose of affording due process to members of the city police department 47 in disciplinary matters, have the power to issue subpoenas for that purpose. 48 Sec. 62-37. - Mayor to advise council of personnel changes. 49 The mayor shall advise the city council of any change in the personnel of the police department at 50 the next regular city council meeting following the change. 51 Sec. 62-38. - Special police. 52 (a) Appointment. Whenever, in the opinion of the mayor, an emergency exists, he shall have the 53 power to appoint one or more special police officers, with all the powers and authority of 54 regular police officers, during the period of the emergency. 55 (b) Term. The special police officers shall not serve for a term of more than 30 days without the 56 approval of the city council. 57 Sec. 62-39 38. - Sale of property. 58 (a) Authorized. The chief of police shall have the authority to hold a sale of personal property held by 59 the police department for a period in excess of one year, which said personal property shall be 60 unclaimed evidence, lost and found articles, confiscated articles and any other items of personal 61 property which have come into the hands of the members of the police department and have been 62 held for a period of one year, if the owner or owners of the same shall be unknown or said property 63 has been unclaimed.

Proposed Ordinance #2015-06 - Chapter 62 - Law Enforcement Page 3 64 (b) Auction. The chief of police shall cause to be sold the said property at a public auction and shall 65 advertise by publishing notice of said sale in one issue of a newspaper circulated in the city at least 66 ten days before the date of the sale, which said notice shall merely state that a sale of unclaimed 67 personal property shall be held by the police department, giving the date, time and place of said sale 68 without specifying any of the items to be sold. The proceeds of said sale shall be retained by the 69 police department to be used solely for pensions of the police department. 70 Secs. 62-40 39 - 62-70. - Reserved. 71 ADOPTED: * 72 S:\ORDINANCES\2015\DRAFT\Ordinance #2015-06 Amending Ch 62 - Law Enforcement, Art II - Police Department, Sec 62-32 - Chief of police generally .wpd 73 SYNOPSIS 74 The amendment reflects the charter amendment that established a committee to advise the 75 mayor on the nomination of the police chief. It also removes the requirement that the police 76 chief be selected from among one of the regular members of the police department and 77 removes the appointment of special police. 78 (SPONSORS: LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE) 79 Actions History 80 02/23/2015 - Scheduled for Introduction at Legislative, Finance, and Administration Committee

City of Dover MAYOR AND COUNCIL 1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2015-03 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 amended to make 5 corrections/include gender neutral language, remove outdated language, set a time frame for accepting 6 nominating petitions, extend the filing deadline for council nominations, and revise the parameters for filling 7 a vacancy, which amendments, if adopted by the General Assembly, would be as follows: 8 Section 1.05. Procedure to extend boundaries, (2)(b) - For the annexation election, the polls shall open at 9 11:00 a.m. to and remain open until each eligible voter has cast their vote or until 8:00 p.m., whichever occurs 10 first. 11 Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications. 12 The council shall be the legislative body of the city and composed of nine (9) members nominated and elected 13 as herein provided. 14 The city shall be divided into four (4) election districts, the boundaries of which shall be established by council 15 so that they are nearly equal in population based on the latest federal decennial census information. The district 16 boundaries established for municipal elections shall be used for the next regular municipal election and shall 17 continue in effect until the next succeeding federal decennial census is made available for use by municipalities 18 in the State of Delaware. 19 At the regular municipal election held in April of 2012, the mayor shall be elected at-large. The term of 20 mayor elected at the April 2012 regular municipal election shall be for a period of three years, 21 commencing on the second Monday in May following his/her election and continuing for a term of three 22 years until the second Monday in May 2015, or until his/her successor has been duly elected and qualified. 23 Thereafter, cCommencing with the regular municipal election to be held in April of 2015, the term of mayor 24 shall be for a period of four years commencing on the second Monday in May following his/her election and 25 continuing for a term of four years until the second Monday in May, or until his/her successor has been duly 26 elected and qualified. 27 At the regular municipal election held in April of 2012, four councilmen shall be elected by district voting 28 from each of the districts of the city. The term of the councilmen elected at the April 2012 regular 29 municipal election shall be for three years, commencing on the second Monday in May following their 30 election and continuing for a term of three years until the second Monday in May 2015, or until their 31 successors have been duly elected and qualified.

DRAFT PROPOSED COUNCIL RESOLUTION NO. 2015-03 PAGE 2 32 At the regular municipal election held in April of 2013, five councilmen shall be elected, four by district 33 voting being from the districts and one at-large. The term of the councilmen elected at the April 2013 34 regular municipal election shall be for a period of four years, commencing on the second Monday in May 35 following their election and continuing for a period of four years until the second Monday in May, or 36 until their successors have been duly elected and qualified. 37 Thereafter, cCommencing with the regular municipal election to be held in April of 2013, the terms of the 38 councilmen members shall be for a period of four years, commencing on the second Monday in May following 39 their election and continuing for a term of four years until the second Monday in May, or until their successors 40 have been duly elected and qualified. The mayor and at-large councilman member shall be elected at alternating 41 biennial regular municipal elections. 42 In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of the 43 election be: 44 (1) A citizen of the United States and of the State of Delaware; 45 (2) A resident of the city and having continuously resided therein or in an area annexed to the city 46 during the two (2) years immediately preceding the day of the election; 47 (3) A resident of the election district from which they are seeking election, unless they are seeking 48 election as an at-large councilman member or mayor; 49 (4) Eighteen (18) years of age or older; and 50 (5) Nominated therefore, as hereinafter provided. 51 Holding Other Office. Except where authorized by law, no council members shall hold any other elected public 52 office, city office, or city employment during the term for which the member was elected to the council. No 53 former council members shall hold any compensated appointive office or employment with the city until one 54 year after the expiration of the term for which the member was elected to the council, unless granted a waiver 55 by the Board of Ethics (Ethics Commission). 56 Section 6. Municipal election; dates, time, and place of elections. 57 Regular municipal elections shall be held biennally biennially on the third Tuesday in April. All other 58 municipal elections that may be held shall be known as special municipal elections. At each such municipal 59 election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council may designate the places of 60 election and make all necessary rules and regulations not inconsistent with this Charter or with other laws of 61 the State of Delaware for the conduct of elections, for the prevention of fraud in elections, and for the recount 62 of ballots in case of doubt or fraud. At alternating biennial regular municipal elections held on the third Tuesday 63 in April, five councilmen members shall be elected for a term of four years, four of whom shall be elected by 64 district voting from each of the districts as designated by council and one of whom shall be elected by at large 65 voting by all voters of the city, as provided in section 5 of this Charter. At the next biennial regular municipal 66 election held on the third Tuesday in April, four councilmen members shall be elected by district voting from 67 each of the districts as designated by council for a term of four years, and a mayor shall be elected by the voters 68 of the city for a term of four years, as provided in section 5 of this Charter.

DRAFT PROPOSED COUNCIL RESOLUTION NO. 2015-03 PAGE 3 69 Sec. 7. Nominationng petitions for candidates for council and mayor. 70 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by not less than 71 ten (10) nor more than twenty-five (25) electors of the city, filed with the clerk of council. In the years when 72 a mayor is to be elected, nominating petitions for candidates for mayor shall be accepted no sooner than 73 the first working day of January and no later than the last working day of January on or before 4:30 p.m. 74 on the second Friday of February bienially Nominating petitions for candidates for council shall be 75 accepted no sooner than the first working day of January and no later than the last working day of 76 February biennially on or before 4:30 p.m. on the last working day in January biennally for candidates 77 for mayor in the years when a mayor is to be elected. Should the second Friday of February fall on a legal 78 holiday, the filing date shall be 4:30 p.m. on the next working day thereafter which is not a legal holiday. 79 Whenever a petition nominating a person for the office of mayor or councilman member shall have been filed 80 as above prescribed, the name of such person shall be printed on the ballot for the regular biennial municipal 81 election as a candidate for the office for which they were nominated, provided they possess the qualifications 82 prescribed by this Charter for a candidate for such office. 83 No nominating petition shall designate more than one person to be voted for as a member of council or as mayor. 84 The signers of a nominating petition for a member of the council must be electors of the city residing in the city 85 election district in which the nominee resides; but the signers to the nominating petition for the mayor and for 86 the at-large councilman member may be city electors residing in the city at-large. 87 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the number of 88 signers and that each signature appended thereto was made in their presence, and is the genuine signature of the 89 person whose name it purports to be, and that all of said signers are entitled to vote at the regular municipal 90 election referred to; and, in the case of a petition nominating a candidate for councilman running from a 91 particular district and to be elected by district voting, that the circulator of the petition verily believes that each 92 signer of said petition is a resident of the same city election district in which the nominee resides. 93 With each signature shall be stated the place of residence of the signer, giving the street and number or other 94 description sufficient to identify the same. The form of the nominating petition shall be substantially as follows: 95 We, the undersigned, electors of The City of Dover, hereby nominate ________________, who resides in the 96 ________________ City District of the said City of Dover, for the office of Councilman (or for the office of 97 Mayor as the case may be) to be voted for at the regular municipal election to be held in the said City, on the 98 ________ day of _________ in the year ________; and we individually certify that we are qualified to vote for 99 a candidate for the office named, and that we have not signed any other nominating petition for that office, and 100 that our places of residences are truly stated after our signatures. 101 Name __________ 102 Street and Number address __________ (Space for Signatures) 103 STATE OF DELAWARE 104 KENT COUNTY 105 SS. 106 ________________ being duly sworn (or affirmed) deposes and says that they were the circulator of the 107 foregoing petition paper containing ___ signatures, and that the signatures appended thereto were made in

DRAFT PROPOSED COUNCIL RESOLUTION NO. 2015-03 PAGE 4 108 his/her presence, and are the signatures of the persons whose names they purport to be, and that they verily 109 believes the residence of each signer thereof to be truly stated, and that all of said signers are entitled to vote at 110 the regular municipal election referred to in said paper; and, in case the petition is nominating a candidate for 111 councilman to be elected from a specific district by district voting, that each signer of said petition is a resident 112 of the same city election district in which the nominee resides. 113 (Signed) __________ 114 Subscribed and sworn to (or affirmed) before me this ________ day of _________ 115 __________Justice of the Peace (or Notary Public) 116 Sec. 9. Meetings of mayor and council--Generally. 117 At 7:30 p.m. on the second Monday in May following a regular municipal election, the mayor and council 118 shall meet at the usual place for holding council meetings and the newly elected officers shall assume the duties 119 of office, being first duly sworn or affirmed to perform their duties with fidelity. Such meeting shall be called 120 or known as the annual meeting. Thereafter, the council shall hold regular meetings at such times as may be 121 prescribed by ordinance, but not less frequently than once each month. Special meetings may be called and held 122 as prescribed by ordinance. All meetings of the council shall be open to the public except scheduled executive 123 sessions. 124 At the annual meeting held on the second Monday in May, the members of council shall elect one of their 125 members to serve as council president, such term to be in effect until the next regularly scheduled annual 126 meeting or until a successor is elected. The council president shall serve as vice-mayor. Council president shall 127 preside over regular and special council meetings. 128 The mayor shall preside over the annual meeting and quarterly town meetings, and at the annual meeting present 129 a state of the city message and offer mayoral appointments for council confirmation. The mayor, upon 130 recommendation from the council president, will present council appointments for council approval. 131 In the event of absence of the council president, then the senior member of council in terms of continuous or 132 total length of service as a councilmanmember shall assume the duties of the council president and shall be 133 designated council president acting. In the event that two (2) or more members of council have the same 134 seniority in terms of length of service as a councilmanmember, then the members of council shall vote and elect 135 one of those as council president acting. Council president acting shall fulfill all of the duties and 136 responsibilities of council president during his/her period of unavailability or absence. 137 Sec. 10. Meetings of Mayor and Council--Procedure. 138 Five (5) of the members elected to the council shall constitute a quorum to do business, but a less number may 139 adjourn from time to time and may compel the attendance of absent members in such manner and under such 140 penalties as may be prescribed by ordinance. 141 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a majority 142 of the members elected to the council, and (2) the written approval of the mayor, or the vice-mayor in those 143 cases where the vice-mayor is authorized to act as mayor as provided in section 15 hereof, provided that in the 144 absence of such approval by the mayor, or the vice-mayor as the case may be, the council may, after not less than 145 seven (7) days nor more than thirty-five (35) days after the prior vote, pass or adopt the said ordinance, 146 resolution, motion or order which did not receive the approval of the mayor, or the vice-mayor, by the

DRAFT PROPOSED COUNCIL RESOLUTION NO. 2015-03 PAGE 5 147 affirmative vote of two-thirds of the members elected to council. 148 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the duty of the mayor, 149 or the vice-mayor, to signify his/her approval or disapproval thereof in writing to the clerk of the council within 150 seven (7) days thereafter. The clerk of the council shall forthwith notify the members of the council of such 151 approval or disapproval. 152 Motions to adjourn meetings of council and orders to compel the attendance of absent members shall not require 153 the approval of the mayor or vice-mayor. 154 A councilman member shall abstain from voting on a matter that he/she feels would involve the consideration 155 of his/her own official conduct, on a matter in which he/she has a financial interest, in a matter in which he has 156 a conflict of interest or in accordance with a policy adopted by council. 157 The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered together with 158 the text of the ordinance or resolution upon the journal of the proceedings of the council. The journal shall be 159 deemed conclusive evidence of the facts stated therein except in the case of fraud. 160 The city council may adopt any standard code of technical regulations by reference thereto in an adopting 161 ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for 162 ordinances generally except that: 163 (1) The requirements for distribution and filing of copies of the ordinance shall be construed to include copies 164 of the code of technical regulations as well as of the adopting ordinance, and 165 (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be 166 authenticated and recorded by the city clerk. 167 Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or 168 for purchase at a reasonable price. 169 Section 13. Vacancies; Forfeiture of Office; Filling of Vacancies 170 (a) Vacancies. The office of a council member shall become vacant upon the member's death, resignation, or 171 removal from office or forfeiture of office in any manner authorized by law. 172 (b) Forfeiture of Office. A council member shall forfeit that office if the council member: 173 (1) Fails to meet the residency requirements, 174 (2) Violates any express prohibition of this charter, 175 (3) Is convicted of a crime involving moral turpitude, or 176 (4) Fails to attend three consecutive regular meetings of the council without being excused by the 177 council. 178 In the case of any such vacancy or of any vacancy created by death, resignation or otherwise for which said 179 vacancy shall be less than six months in duration from the next regular or special election, the office shall 180 remain vacant vacancy shall be filled at the next regular or special election. If such vacancy should be in 181 excess of six months in duration from the next regular or special election, a special election shall be held to

DRAFT PROPOSED COUNCIL RESOLUTION NO. 2015-03 PAGE 6 182 fill such vacancy, this special election to be held no sooner than 30 days from the date of the vacancy, but said 183 special election to be held no later than 60 days after the date of the vacancy. If council fails to call for a special 184 Election, the special Election shall be called by the Election Board. 185 * 186 ADOPTED: * 187 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\CHARTER AMENDMENT RESOLUTIONS\2015\RESOLUTION NO. 2015-03 Proposed Charter Amendments\Resolution No. 2015-03 Proposed Charter 188 Amendments.wpd 189 190 ROBIN R. CHRISTIANSEN DAVID L. BONAR 191 MAYOR COUNCIL PRESIDENT 192 Actions History: 193 February 23, 2015 - Scheduled for Introduction at the Legislative, Finance, and Administration Committee meeting P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service