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LEGISLATIVE, FINANCE, AND
ADMINISTRATION COMMITTEE
AGENDA
JULY 22, 2013 - 6:00 P.M .
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER , DELAWARE
Public comments are welcomed on any item and will be permitted at appropriate
times. When possible, please notify the City Clerk (736-7008 or e-mail at
CityClerk@dover.de.us) should you wish to be recognized.
AGENDA ADDITIONS/DELETIONS
1. Proposed Amendment to Pricing for Sale of Garrison Oak Technology Park Lots
(Due to Time Constraints, This Item Has Been Placed on the Council Agenda for the Meeting
Being Held Later in the Evening)
2. Proposed Amendments to the City of Dover Investment Policy
(Staff Recommends Approval of the Proposed Amendments)
3. Certified Local Government Application (Request of Councilmen Lynn and Slavin)
4. Proposed Amendments to Chapter 58 - Human Relations Commission
(Tabled by Committee on July 8, 2013)
5. Adjournment by 7:00 p.m.
/tm
S:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2013\07-22-2013 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.
Page 2
City of Dover, DE
Investment Policy Statement
Dated July 15, 2013
Page 3
1.0 Governing Authority
It is the policy of the City of Dover to invest public funds under its control in a manner that
will provide the highest investment return consistent with the maximum safety of principal,
while meeting cash flow needs of the City. The investment program shall conform to all
state and local statutes governing the investment of public funds.
2.0 Scope
This Investment Policy Statement (the “Policy”) applies to all financial assets of the City of
Dover for which the City retains direct or indirect daily control. Funds for which the City
has retained outside fund manager(s) shall also be governed by this Policy or, in the case of
bond proceeds, related governing bond documents. , including any Trust Indentures.
2.1 Accounts
2.1.1 Cash and Liquidity Accounts: The majority of the City’s cash balance
available for investment is maintained in the cash and liquidity accounts.
These accounts will be managed and invested by investment managers,
selected by the City Council through competitive bid, in order to maximize
the return to the City while, at the same time, providing for safety of principal
and sufficient liquidity for the City to meet its cash needs. The City will
manage its short-term investments to ensure sufficient liquidity and prevent
their premature sale for the purpose of covering expenditures. Short-term
investments should mature at face value in sufficient amounts to meet any
liquidity needs.
2.1.2 Reserve Cash (Intermediate) Account: To the extent cash is not expected to
be needed on short notice, the City shall invest such funds in the Reserve
Cash Account. This fund shall be managed and invested by an investment
manager or managers, selected by the City Council after a competitive bid, in
order to maximize the return on said money to the City while providing for
the safety of principal.
All of the City of Dover’s funds are accounted for in its Comprehensive Annual Financial
Report. Those funds to which this Policy applies include (excluding the Deferred
Compensation Plan and Pension Trusts):
2.2 Funds
2.2.1 General Fund
2.2.2 Capital Project Funds
2.2.3 Special Revenue Funds
2.2.4 Enterprise Funds
2.2.5 Internal Service Funds
2.2.6 Trust and Agency Funds
2.2.76 Any new fund created by the City Council, unless specifically exempted
3.0 Objectives
The primary objectives of the City of Dover’s investment activities, in order of importance
shall be:
Investment Policy Page 2 of 15 Dated July 15, 2013
Page 4
3.1 Safety
Preservation of principal is the foremost objective of the investment program. To
attain this objective, funds shall be diversified among securities of high credit
quality and liquidity, so that risk of loss of principal is minimized.
3.2 Liquidity
The City’s investments shall be made for such periods as to enable the City to meet
all operating requirements that may be scheduled or reasonably anticipated.
3.3 Return on Investments
A goal of the investment program shall be to maximize investment return within the
constraints of Sections 3.1 and 3.2.
4.0 Delegation of Authority
Authority to manage the City of Dover’s investment program is derived from this Policy,
which is approved by City Council, and “Dover Code, PART I, Subpart A, Article II,
Section 17" (attachment B) which states in part that “The Controller/Treasurer shall be the
custodian of all of the City funds.”
The City’s Controller/Treasurer shall:
1) Review the this Policy annually and recommend changes, if any, to City Council;
2) Be charged with implementing the Policy, and may delegate authority to make
investments to an investment advisor. The Controller/Treasurer shall be responsible
for all investment transactions and shall establish controls to regulate the activities of
the investment advisor, if any.
3) Ensure that records of the City’s investment activities are kept for ten-years.
5.0 Prudence, Ethics and Conflicts of Interest
Any official of the City or investment advisor/manager empowered to make investments
on behalf of the City of Dover shall comply with the following:
5.1 “Prudent Person” Rule
Investment decisions shall be made with the judgment and care which persons of
reasonable intelligence, under circumstances prevailing at the time the investment
is made, would exercise in the management of their own investments assuming that
their objectives are those shown in Section 3.0 of this policy.
5.2 Ethics and Conflict of Interest
The delegate authorized to make City investments shall act at all times in an ethical
manner, and shall not engage in activity that could impair or be perceived to impair
their ability to make impartial investment decisions. They shall disclose to the
Mayor and City Council any material interests in financial institutions with which
the City has financial dealings, and which may be related to the performance of the
investment program. Employees and officers shall refrain from undertaking
personal investment transactions with the same individual(s) with whom business
is conducted on behalf of the City.
Investment Policy Page 3 of 15 Dated July 15, 2013
Page 5
6.0 Authorized Institutions and Dealers
All broker/dealers that desire to become qualified for investment transactions with the City
shall meet the following:
1. Primary dealers and regional dealers that qualify under Securities and Exchange
Commission Rule 15C3-1 (uniform net capital rule)
2. Capital of at least $25,000,000 or capital of $5,000,000 for firms incorporated in
the State of Delaware
3. Registered as a dealer under the Securities Exchange Act of 1934
4. Member of the Financial Industry Regulatory Authority (FINRA)
5. Registered to sell securities in the State of Delaware
6. Engaged in the business of effecting transactions in U.S. government, federal
agency, and corporate securities for at least five (5) consecutive years
To the extent the City utilizes the services of an outside Investment Advisor, it shall be the
responsibility of the Investment Advisor to maintain an approved list of brokers.
7.0 Safekeeping and Custody
To ensure that securities are deposited in an eligible financial institution prior to the release
of funds, all trades of marketable securities will be executed by delivery vs. payment
(“DVP”).
Further, all securities will be held by an independent third-party custodian, in the name of
the City, and evidenced by safekeeping receipts in the City’s name. The custodian shall
provide daily confirmation of held securities as well as a monthly transactions and holdings
report.
8.0 Authorized Investments and Trading of Securities
The Controller/Treasurer or authorized delegate may invest only in the types of securities
listed below. The maximum stated maturity of any security shall be limited to 10 years at
time of purchase, unless otherwise stated. For Agency mortgage backed securities, the
maximum maturity shall be defined as the weighted average life (“WAL”). WAL is a
convention that estimates the expected weighted amount of time, in years, for the principal
amount of an issue to be fully paid. For this sector, WAL shall be limited to 10 years,
measured at the original purchase date, provided by Bloomberg Financial Markets.
8.1 United States Government Securities
Marketable securities issued by the U.S. Government and supported by the full
faith and credit of the U. S. Treasury either by statue or an opinion of the attorney
general of the United States. Up to 100% of the portfolio may be invested in this
sector.
8.2 Government Agency Securities
Debt securities issued by government-sponsored enterprises (“GSE”), federal
agencies, and federal financing banks; the maximum stated maturity of any
investment in this sector shall be limited to 5 years at time of purchase. Up to
100% of the portfolio may be invested in this sector.
Investment Policy Page 4 of 15 Dated July 15, 2013
Page 6
8.3 Certificates of Deposit and Time Deposits
8.3.1 Domestic Institutions: Issued or endorsed by a domestic bank, or a savings
and loan association, organized and supervised under the laws of the United
States and denominated in U.S. dollars; provided, however, that deposits are
fully insured or guaranteed by the Federal Deposit Insurance Corporation
(“FDIC”).
If not insured by the FDIC:
The banking institution must have assets of not less than $5 billion; and
Issuers must have a short-term rating of A-1 by Standard & Poor’s and
P1 by Moody’s and a long-term rating of AA by Standard & Poor’s or
Aa by Moody’s.
The maximum stated maturity of any investment in this sector shall be limited
to 5 years at time of purchase. This sector shall not exceed 25% of the total
portfolio. No single issuer shall exceed 5% of the City’s portfolio.
8.3.2 Delaware-Domiciled Institutions: Issued by or endorsed by any bank or
savings association domiciled in the State of Delaware and organized and
supervised under federal or State of Delaware banking laws which does not
meet the requirements of Section 8.3.1 hereto; provided, however, that:
For each of the latest two years, the bank or association has had a return
on total average assets of 0.50% or greater and an average capital ratio
(defined as total equity capital to total assets) of at least 1 to 20, or the
instrument is secured as set forth in Section 8 9, “Collateralization of City
Deposits,” hereto; and
Not more than the lesser of $10 million or 25% of an issuer’s total equity
capital, may be invested in any one issuer. (Investments due to mature in
one business day may be excluded from the computation of this
percentage.)
The Board expressly affirms that, consistent with these guidelines,
Delaware banks and savings associations should be considered as a
source of investment.
The maximum stated maturity of any investment in this sector shall be
limited to 5 years at time of purchase. This sector shall not exceed 20%
of the total portfolio. No single issuer shall exceed 5% of the City’s
portfolio.
8.4 Corporate Debt Instruments
Such instruments include commercial paper bankers’ acceptances, and
non-convertible senior debt securities (bonds and debentures).
8.4.1 Any such instrument must be issued by a U.S. corporation; Corporate
securities must be denominated/issued in US dollars. Many foreign
corporations issue debt/securities in the US market, in US dollars.
8.4.2 No single issuer shall exceed 5% of the City’s portfolio.
8.4.3 Commercial Paper shall be limited to a final stated maturity of 270 days.
This sector shall not exceed 25% of the total portfolio. Issuers shall be rated
at least A-1 by Standard & Poor’s and P-1 by Moody’s.
8.4.4. Bankers’ Acceptances shall be limited to a final maturity of 365 days. This
sector shall not exceed 25% of the City’s Portfolio. Issuers shall be rated at
Investment Policy Page 5 of 15 Dated July 15, 2013
Page 7
least A-1 by Standard & Poor’s and P1 by Moody’s.
8.4.5 Corporate bonds and debentures shall be limited to a final stated maturity of 5
years. This sector shall not exceed 50% of the total portfolio. Issuers shall
hold a long-term rating of at least AA by S&P or Aa by Moody’s.
8.5 Repurchase Agreements
The underlying collateral shall consist of U.S. government and/or GSE securities
provided, however, that:
8.5.1 All repurchase agreements must be governed by a written master repurchase
agreement;
8.5.2 Agreements will be entered into only with respect to underlying securities in
which the investment manager may otherwise invest as described above, and
only with a recognized U.S. Government/broker or a bank which meets the
requirements set out under paragraph Section 8.3.1 or 8.3.2 above;
8.5.3 In the case of repurchase collateral held in book-entry form in the Federal
Reserve System, all deliveries of securities must be made, for the transfer
thereof, through the Federal Reserve book-entry system to the account
designated by the investment manager for such purpose. Securities held in
certificated form must be delivered to the investment manager or a custodian
as directed by the investment manager.
8.5.4 Any collateral employed under this paragraph shall be counted towards the
applicable maximum limits set forth within these guidelines for such type of
investment, and such collateral shall be valued at market at not less than 103
percent of the maturity value of the agreement and marked-to-the-market as
requested by the investment manager.
8.5.5 Repurchase agreements shall be limited to a maximum maturity of 90 days
from date of purchase. No single issuer shall exceed 25% of the City’s
portfolio.
8.6 Registered Investment Companies (Money Market Funds)
Money market funds shall not be permitted to invest in or hold securities other than
those approved in this Policy. No single fund shall exceed 25% of the City’s
portfolio. Money market funds shall be rated AAAm by Standard & Poor’s. A
current prospectus must be obtained before investing in any money market fund,
and current holdings reports must be maintained at least each month.
8.7 Mortgage-Backed Securities
Mortgage-backed securities issued by the following: Government National
Mortgage Association (GNMA), Federal National Mortgage Association (FNMA)
or Federal Home Loan Mortgage Association (FHLMC). This sector shall not
exceed 50% of the total portfolio.
8.8 Municipal Obligations
Taxable and tax-exempt securities issued by state and local governments and public
authorities in the United States. The maximum stated maturity of any investment
in this sector shall be limited to 5 years at time of purchase. This sector shall not
exceed 30% of the City’s portfolio. No single issuer shall exceed 5% of the City’s
Investment Policy Page 6 of 15 Dated July 15, 2013
Page 8
portfolio. Issuers shall be rated at least “A” AA by Standard & Poor’s and “A” Aa
by Moody’s. Additionally Issuers in the short term market (under one year) shall be
rated at a minimum of “mig-1” or “sp-1” for Moody’s and S&P.
8.9 State of Delaware Investments Pool
8.9.1 Delaware Local Government Investment Pool (DELGIP) -The investment in
this pool is permitted in relation to the City's cash flow and the guidelines set
forth by the State of Delaware. The investment in this pool will not exceed
25% of the total funds available and will be monitored by the City's Finance
Department on a monthly basis.
8.9.2 Delaware Local Government Retirement Investment Pool (DELRIP) The
investment in this pool is permitted in relation to the City's Post-Retirement
Benefits Fund. The investment in this pool will not exceed 25% of the total
funds available and will be monitored by the City's Finance Department on a
monthly basis.
8.10 Trading Securities
The Controller/Treasurer is hereby authorized to sell securities prior to their stated
maturity date in the following circumstances:
1. A security with declining credit may be sold prior to its maturity to minimize
loss of principal;
2. A security swap may be executed if it would improve the quality, yield, or
target duration of the portfolio;
3. Securities may be sold to provide needed liquidity.
8.11 Internal Control on such transactions
8.11.1 An investment report will be provided to the Council on a quarterly basis.
8.11.2 All investment reporting documents will be provided to the independent
auditors.
8.11.3 Investment records will be kept by the City for ten (10) years.
8.11.4 The trading shall not involve any hedge, derivatives and/or borrowing funds
for trading purposes.
9.0 Collateralization of City Deposits
If the City deposits funds in any financial institution, those funds will be subject to the
following collateralization requirements. The financial institution shall:
9.1 Collateralize the City’s daily ledger balance(s) if, for any quarter during the most
recent eight quarters the bank has not met both of the following two criteria:
Return on total average assets of 0.50 percent or greater.
Average capital ratio (total equity to total assets) of 5.00 percent or greater.
9.2 If either criterion in paragraph 8.1 is not satisfied collateral must be pledged and shall
consist of one or more of the following securities:
U.S. Government securities
U.S. Government agency securities
Federal Home Loan Board letters of credit
State of Delaware securities
Investment Policy Page 7 of 15 Dated July 15, 2013
Page 9
Securities of a political subdivision of the State of Delaware with a Moody’s
rating of “A” or better
9.3 Ensure that the securities pledged as collateral (except for Federal Home Loan Board
letters of credit) have a market value equal to or greater than 103 102 percent of the
ledger balance(s) in the account(s) marked to market each day.
9.4 Ensure that securities pledged as collateral are housed at the Federal Reserve Bank or
a mutually agreed upon third party depository. (The trust department of the winning
vendor will not be acceptable.)
9.5 Provide reports on a monthly basis to the City Finance Department detailing the
collateral pledged.
9.6 Provide a Call Report (Consolidated Report of Condition and Income, FFIEC 031)
on a quarterly basis to the City Finance Department.
10.0 Policy Considerations
If securities owned by the City are downgraded by either Standard & Poor’s or Moody’s to
a level below the quality required by this Policy, it shall be the City’s policy to review the
credit situation and make a determination as to whether to sell or retain such securities in
the portfolio.
If a security is downgraded two grades below the level required by the Policy, the security
shall be sold immediately.
If a security is downgraded one grade below the level required by this Policy and matures
within 6 months, the security may be held to maturity. The Controller/Treasurer may
determine to sell the security if it is determined that there is a probability of default prior to
maturity.
If a decision is made to retain a downgraded security in the portfolio, its presence in the
portfolio will be monitored and reported monthly to the Controller/Treasurer.
11.0 Internal Controls
The Treasurer is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the City are protected from loss, theft, or misuse. The
Treasurer shall also establish a process for an annual independent review by an external
auditor to assure compliance with policies and procedures. The internal controls shall
address the following:
Control of collusion
Separation of transaction authority from accounting and recordkeeping
Custodial safekeeping
Prohibition of physical delivery securities
Clear, written delegation of authority to subordinate staff members
Written confirmation of transactions for investments and wire transfers
12.0 Performance Standards
Investment Policy Page 8 of 15 Dated July 15, 2013
Page 10
The City of Dover’s investment decisions shall be made with the objective of obtaining a
rate of return commensurate with the investment risk constraints and the cash flow needs.
On a quarterly basis, the Controller/Treasurer shall compare the City’s portfolio against the
Merrill Lynch 0-5 Year U.S. Treasury Index, in terms of time-weighted total return and
average duration for the period under review.
13.0 Reporting
At the end of each calendar quarter, the Controller/Treasurer will submit a report of all
quarter-ending investments to the Mayor and City Council. Reports shall include the
following:
Listing of individual securities held as of last day of reporting period, sorted by
sector
Par, market, and amortized cost values of each security
Coupon, current yield, and final stated maturity date of each security
14.0 Investment Policy Adoption
The City of Dover’s investment policy will be adopted by the City Council after review and
recommendation of the Legislative and Finance Committee. The policy will be reviewed
at least once every year by the Legislative and Finance Committee, which is charged with
considering the existing policy and any recommendations to modify the policy. Any
modifications to the policy must be approved by the City Council.
LEGEND
Investment Policy Page 9 of 15 Dated July 15, 2013
Page 11
1. Original approval by City Council - November 14, 1988
2. Revised policy approved by City Council - March 7, 2005
3. City Council Approved with No Changes – April 14, 2008
4. Revised policy approved by City Council – July 25, 2011
Investment Policy Page 10 of 15 Dated July 15, 2013
Page 12
ATTACHMENT A
GLOSSARY
AGENCIES: Federal agency securities, otherwise known as “Government Sponsored
Enterprises.”
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a
certificate. Large denomination CD's are typically negotiable.
BANKERS ACCEPTANCE: A short-term credit investment which is created by a
non-financial firm and whose payment is guaranteed by a bank.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of
public monies.
COMMERCIAL PAPER: An unsecured obligation issued by a corporation or bank to finance
its short-term credit needs. Maturities typically range from one (1) to 270 days.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report
for the City of Dover. It includes five combined statements for each individual fund and account
group prepared in conformity with GAAP. It also includes supporting schedules necessary to
demonstrate compliance with finance-related legal and contractual provisions, extensive
introductory material, and a detailed Statistical Section.
CORPORATE BONDS: A debt security issued by a corporation based in the United States of
America. Such bonds usually have a par value of $1,000, have a term maturity, and are traded on
a major exchange.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and
selling for his own account.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering
independent returns, in an attempt to limit risk.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit
to various classes of institutions and individuals, e.g., S&L's, small business firms, students,
farmers, farm cooperatives, and exporters.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that
insures bank deposits, currently up to $250,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is
currently pegged by the Federal Reserve through open-market operations.
Investment Policy Page 11 of 15 Dated July 15, 2013
Page 13
FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings
and loan associations. The Federal Home Loan Banks play a role analogous to that played by the
Federal Reserve Banks vis-a-vis member commercial banks.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was
chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal
corporation working under the auspices of the Department of Housing and Urban Development
(HUD). It is the largest single provider of residential mortgage funds in the United States.
Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The
corporation's purchases include a variety of adjustable mortgages and second loans, in addition to
fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress
and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and
about 5,700 commercial banks that are members of the system.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):
Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage
bankers, commercial banks, savings and loan associations, and other institutions. Security holder
is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by
the FHA, VA or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie
Mae's.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread between
bid and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from
political subdivisions that are placed in the custody of the State Treasurer for investment and
reinvestment.
MARKET VALUE: The price at which a security is trading and could presumable be purchased
or sold.
MATURITY: The date upon which the principal or stated value of an investment becomes due
and payable.
MORTGAGE-BACKED SECURITIES (MBS): An investment instrument that represents
ownership of, and is backed by, an individual interest in a pool of mortgages such as those issued
by Ginnie Mae or Freddie Mac. Principal and interest from the individual mortgages is used to
pay principal and interest on the MBS.
MUNICIPAL NOTES AND BONDS: Securities issued by a state, city, or local government to
finance operations or special projects.
Investment Policy Page 12 of 15 Dated July 15, 2013
Page 14
PRUDENT PERSON RULE: An investment standard. In some states the law requires that a
fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody
state--the so-called legal list. In other states the trustee may invest in a security if it is one which
would be bought by a prudent person of discretion and intelligence who is seeking a reasonable
income and preservation of capital.
QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim
exemption from the payment of any sales or compensating use or ad valorem taxes under the laws
of this state, which has segregated for the benefit of the commission eligible collateral having a
value of not less than its maximum liability and which has been approved by the Public Deposit
Protection Commission to hold public deposits.
RATE OF RETURN: A measure of worth, either at security or aggregate portfolio level, over a
period of time. There are many return conventions, including but not limited to yield to maturity
at cost, yield to maturity at market, yield to worst, time weighted total return, dollar weighted total
return.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities
to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security
"buyer" in effect lends the "seller" money for the period of the agree-ment, and the terms of the
agreement are structured to compensate him for this. Dealers use RP extensively to finance their
positions. Exception: When the Fed is said to be doing RP, it is lending money, that is,
increasing bank reserves.
REVERSE REPURCHASE AGREEMENT: The purchase of a security by a dealer with the
agreement to sell it back to the seller at a fixed price at a later date. Typically used by owners of
securities to finance short-term needs without having to liquidate the security.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and
valuables of all types and descriptions are held in the bank's vaults for protection.
TIME DEPOSITS: A savings account or CD held for a fixed term or with the understanding
that the customer can withdraw only by giving advanced notice.
TREASURY BILLS: A short-term (less than one year) non-interest bearing discount security
issued by the U.S. Treasury department to finance the national debt. Most bills are issued to
mature in three months, six months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than
10 years.
TREASURY NOTES: A non-interest bearing discount security issued by the U.S. Treasury to
finance the national debt. Most bills are issued to mature in three months, six months or one year.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that
member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1: also called net capital rule and net capital ratio.
Investment Policy Page 13 of 15 Dated July 15, 2013
Page 15
Indebtedness covers all money owed to a firm, including margin loans and commitments to
purchase securities, one reason new public issues are spread among members of underwriting
syndicates. Liquid capital includes cash and assets easily converted into cash.
VARIABLE RATE MASTER DEMAND NOTES: A floating rate security with initial
maturities and indexed rates chosen by the investor. The interest rate is adjusted periodically,
usually off a standard such as that prevailing on a Treasury Bill or the prime interest rate.
YIELD: The rate of annual income return on an investment, expressed as a percentage.
INCOME YIELD is obtained by dividing the current dollar income by the current market price
for the security.
NET YIELD or YIELD TO MATURITY is the current income yield minus any premium
above par or plus any discount from par in purchase price, with the adjustment spread over the
period from the date of purchase to the date of maturity of the bond.
Investment Policy Page 14 of 15 Dated July 15, 2013
Page 16
ATTACHMENT B
Dover, Delaware, Code of Ordinances >> PART I - CHARTER AND RELATED LAWS
PART I - CHARTER AND RELATED LAWS [1]
Subpart A - CHARTER
PREAMBLE [3]
We the people of the City of Dover, under the constitution and laws of the state of
Delaware, in order to secure the benefits of local self-government and to provide for an
honest and accountable council-manager government, do hereby adopt this charter and
confer upon the city the following powers, subject to the following restrictions, and
prescribed by the following procedures and governmental structure. By this action, we
secure the benefits of home rule and affirm the values of representative democracy,
professional management, strong political leadership, citizen participation, and regional
cooperation.
ARTICLE I. - POWERS OF THE CITY
ARTICLE II. - MAYOR AND COUNCIL
Sec. 17. - Controller/treasurer.
At the annual meeting the council shall elect a controller/treasurer to hold office
until the next annual meeting of the council, or until his/her successor has been duly chosen
and qualified, but subject to removal at any time by the council.
The controller/treasurer shall be the custodian of all the city funds and shall deposit
them in a banking institution designated by the council.
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 15))
Investment Policy Page 15 of 15 Dated July 15, 2013
Page 17
1
Delaware’s
Certified Local Government (CLG) Program
Guidelines
Division of Historical and Cultural Affairs
21 The Green
Dover, DE 19901
T: (302) 736‐7400
http://history.delaware.gov/
Page 18
TABLE OF CONTENTS
I. INTRODUCTION .......................................................................................................................... 3
II. BENEFITS OF CLG CERTIFICATION........................................................................................ 3
III. CLG PROGRAM REQUIREMENTS ............................................................................................ 4
IV. APPLYING FOR CLG CERTIFICATION .................................................................................... 6
V. DECERTIFICATION PROCESS................................................................................................... 7
VI. AMENDING THE CLG CERTIFICATION AGREEMENT ........................................................ 8
APPENDIX A ............................................................................................................................................. 9
APPENDIX B ...........................................................................................................................................11
ACKNOWLEDGMENT OF SUPPORT
This publication has been financed in part with federal funds from the National Park Service, Department of the Interior.
However, the contents and opinions do not necessarily reflect the views and policies of the Department of the Interior.
NONDISCRIMINATION STATEMENT
This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended,
the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability or age in its
federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described
above, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C Street,
N.W., Washington, DC 20240.
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I. INTRODUCTION
The Certified Local Government (CLG) Program is a local, state, and federal partnership focused on
promoting historic preservation at the grass roots level. Authorized as part of the 1980 amendments to the
National Historic Preservation Act of 1966 (NHPA), the CLG Program provides local governments with a
formally recognized role in the nation’s preservation program.
The CLG Program is jointly administered by the Department of the Interior, through the National Park
Service (NPS), and State Historic Preservation Offices (SHPOs) in each state. In Delaware, the SHPO is
the Director of the Division of Historical and Cultural Affairs. The NPS is responsible for establishing the
CLG Program’s broad regulations and standards, which are further defined by each SHPO to meet the
needs and abilities of their local governments.
In Delaware, local governments may include any of the counties or any municipality incorporated under
the authority of the General Assembly. To participate in the CLG Program, which is an entirely voluntary
commitment, the local government’s chief elected official (CEO) must first submit a signed application
demonstrating that it meets the basic program criteria. It is important to consider that CLG certification
encompasses the entirety of the local government, rather than simply the body designated to carry out
preservation activities. Therefore, the local government’s CEO has a significant role in the CLG Program
and possesses an independent voice in dealings with the SHPO. If approved, the CLG certification
agreement functions as annually self-renewing unless, however, the local government voluntarily
withdraws or fails to perform its necessary functions.
This document outlines the benefits, requirements and management procedures of Delaware’s CLG
Program.
II. BENEFITS OF CLG CERTIFICATION
CLG Grants: CLGs are eligible to apply to the SHPO for grant funding to pursue a wide
variety of preservation-related projects and activities, including (but not limited to): historic
property surveys, nominations (or amendments) to the National Register of Historic Places,
preservation planning assistance, public outreach, and training for members of the historic
preservation review commission or CLG staff.
Funding for CLG Grants is derived from the Historic Preservation Fund (HPF), which is
awarded annually to the State. In turn, the State is required to allocate 10% of its HPF award
to CLGs in the form of sub-grants. The CLG grants function on a 60/40 matching basis: the
grant may constitute up to 60% of the project cost, while the applicant provides the remaining
40% through cash and/or donated services and materials.
Technical Assistance: The SHPO is committed to working closely with CLGs to support
historic preservation efforts and address issues of concern. The SHPO or SHPO staff are
available to provide ongoing technical assistance and may, upon request, attend a CLG
meeting to conduct a presentation or workshop.
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III. CLG PROGRAM REQUIREMENTS
A. The local government must adopt and enforce a zoning ordinance for the designation and
protection of historic properties located within its jurisdictional boundary. The following
provisions must be included in either the zoning ordinance or implementing regulations:
1. A statement of purpose and definitions;
2. The establishment of an adequate and qualified historic preservation review
commission (Commission);
3. An assignment of powers to the Commission to carry out the provisions of the zoning
ordinance;
4. Procedures and locally-established criteria for the designation of local landmarks
and/or local historic districts. [These local landmarks and local historic districts must
not include properties listed on or eligible for listing in the National Register of
Historic Places (National Register) unless already designated through the local
designation process.];
5. Procedures and standards for the review of demolitions, alterations, and other actions
that may impact local landmarks and local historic districts. [The Commission’s
recommendations pertaining to the protection of these properties must be consistent
with the Secretary of the Interior’s Standards for Rehabilitation.];
6. Procedures for enforcing the zoning ordinance and penalties for non-compliance with
actions and determinations;
7. An appeal process for decisions rendered under the zoning ordinance; and
8. Procedures for public hearings and notification consistent with this document and the
Delaware Freedom of Information Act (29 Del. C. §100).
B. The local government must establish an adequate and qualified historic preservation review
commission (Commission), which may consist of a board, council, or other similar collegial
body.
1. The Commission must adopt and consistently adhere to by-laws or rules of
procedures that are publicly-available and include a section prohibiting conflicts of
interest.
2. Commission meetings must be scheduled at regular intervals and occur at least four
(4) times per year;
3. Unless otherwise stipulated by the zoning ordinance, members of the Commission
must be appointed by the local government’s chief elected official (CEO).
4. To the extent available in the community, appointees to the Commission must
possess professional expertise in the disciplines of architecture, history, architectural
history, planning, archaeology, or other historic preservation-related fields. At a
minimum, all members of the Commission must possess a demonstrated interest,
competence, or knowledge in historic preservation.
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5. The Commission must have no fewer than five (5) members.
6. Vacancies in the Commission must be filled within ninety (90) calendar days of an
expired term or receipt of a letter of resignation.
7. At least once annually, all members of the Commission must make a reasonable
effort to participate in historic preservation training, which may consist of
conferences, presentations, or workshops conducted by the SHPO or other
preservation professionals, or web-based opportunities. The Commission chair
should consult with the SHPO regarding the appropriateness and availability of
training opportunities. The SHPO is responsible for providing the Commission with
orientation materials and consulting with the Commission chair, or other designee, to
determine training needs and requests.
C. The local government must maintain a system for the survey and inventory of historic
properties located within its jurisdiction.
1. The local government must maintain a publicly-available list and map of locally-
designated landmarks and historic districts.
2. If a historic property survey is undertaken by the local government, it must be
conducted in accordance with the most recent survey guidelines established by the
SHPO. Upon completion of the survey, all forms and reports must be submitted to
the SHPO. The SHPO will ensure that survey materials are publicly-accessible
except as withheld in accordance with Section 304 of the NHPA, which allows for
the restriction of sensitive information regarding the location, character, or ownership
of a historic resource that may cause a significant invasion of privacy, risk or harm to
the historic resource or impede the use of a traditional religious site by practitioners.
D. The local government must provide for adequate public participation in the historic
preservation program, including the process of recommending properties to the National
Register.
1. All Commission meetings must be announced by public notice with an agenda, open
to the public, and conducted in accordance with the Delaware Freedom of
Information Act (29 Del. C. §100).
2. Adequate minutes of the Commission’s decisions and actions, including applicable
standards and criteria for reaching such determinations, must be maintained and be
publicly-available.
3. All of the Commission’s decisions and actions must be made in a public forum and
affected applicants must be provided written notification of such determinations.
4. All policies, procedures, and guidelines used by the Commission must be readily
accessible to the public.
5. To ensure that decisions regarding the National Register take into account local
concerns, the local government must actively participate in the review of National
Register nominations.
i) For proposed National Register nominations located within the local
government’s jurisdiction, the SHPO must provide a copy of the nomination
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to the CEO and Commission chair at least sixty (60) calendar days prior to
deliberation by the Delaware State Review Board for Historic Preservation.
ii) When considering a National Register nomination, the Commission are
encouraged to seek the expertise of persons meeting the Secretary of the
Interior’s Professional Qualifications Standards (see Appendix A) in the
discipline pertinent to the nomination.
iii) Following a reasonable opportunity for public comment, the local
government must submit to the SHPO a National Register nomination report
with:
(a) The recommendations of the Commission and CEO; and
(b) Statements from the Commission and CEO evaluating the property
in accordance with the National Register Criteria for Evaluation.
iv) If either or both the Commission and CEO recommend that the property is
eligible for nomination, the SHPO will place the nomination before the
Delaware State Review Board for Historic Preservation in accordance with
the procedures outlined in 36 CFR 60, and 36 CFR 61.
v) If both the Commission and CEO recommend that the property is not eligible
for nomination, the SHPO may not nominate the property unless an appeal is
filed in accordance with Section 101(c)(2) of the NHPA, and 36 CFR 60. If
such an appeal is filed, the SHPO may then place the nomination before the
Delaware State Review Board for Historic Preservation in accordance with
the procedures outlined in 36 CFR 60, and 36 CFR 61.
E. The local government must submit to the SHPO on January 31 of each year, an annual
historic preservation report which describes the Commissions activities and determinations
for the period of the previous October 1 through September 30 (i.e. the federal fiscal year).
The preferred method of submittal for this report is digitally on a CD, but a paper submittal is
allowed. Appendix B contains an outline of the contents of this report.
IV. APPLYING FOR CLG CERTIFICATION
A. To apply for CLG certification, the local government’s CEO must submit to the SHPO an
application with the following materials:
1. A request to participate in the CLG Program signed by the CEO; and
2. A copy of Delaware’s Certified Local Government Program Application with
required attachments.
B. The SHPO will review the application and may request additional information from the local
government. Once sufficient information has been provided, the SHPO will notify the CEO
of its decision within sixty (60) calendar days.
C. If the certification request is denied, the SHPO will specify the cause(s). If the certification
request is approved, the SHPO will prepare a certification agreement, which outlines the
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responsibilities of the local government, and transmit it the CEO for signature. Upon receipt,
the SHPO will then forward the application and signed certification agreement to the NPS for
review.
D. The NPS will provide a determination or request for additional information within fifteen
(15) working days. If the NPS concurs with the certification request, the date of the NPS’
concurrence will be the effective date of certification.
E. The certification agreement will function as annually self-renewing and may be terminated or
amended as outlined below.
V. DECERTIFICATION PROCESS
A. A local government may be decertified from the CLG program either voluntarily or due to
non-compliance. In either instance, open CLG Grants must be resolved.
1. Voluntary Decertification
i) The local government’s CEO may, at any time, request decertification by
notifying the SHPO in writing and indicating the reason(s) for seeking
decertification. The SHPO will then notify the NPS, and the decertification
process will be considered complete.
2. Decertification for Non-Compliance
i) If, at any time, the SHPO determines that the local government is failing to
meet the requirements of the CLG program, the CEO and Commission chair
will be notified and provided with recommended corrective measures.
ii) Upon receipt of the notification, the CLG will be allotted 120 calendar days
to address any deficiencies. By the end of this 120 day period, the CEO must
submit a letter to the SHPO documenting how such deficiencies were
addressed or, if not successful, a summary of ongoing progress along with
time extension request. Within thirty (30) calendar days, the SHPO will
respond to the CEO and Commission chair and will either note that the CLG
has made the necessary changes, grant the requested extension, or
recommend decertification.
iii) If the SHPO recommends decertification, the CLG has thirty (30) calendar
days to appeal the decision. This appeal should provide clear justification as
to why the decision should be overturned. After this time frame, the SHPO
will transmit all pertinent documentation, including any appeal filed, to the
NPS for review. If the Secretary of the Interior concurs with the SHPOs
recommendation for decertification, the local government will be considered
decertified at the time of the NPS letter.
3. Financial Closeout Procedures
i) If at the time of decertification the local government is a grant recipient, the
SHPO will conduct financial assistance closeout procedures.
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VI. AMENDING THE CLG CERTIFICATION AGREEMENT
A. For minor changes, technical corrections, and changes required by NPS policy directives, a
written notification from the SHPO to all local governments will be considered sufficient.
B. Any substantive change(s) will require an amendment to the Certification Agreement.
1. The SHPO must notify the affected CLGs and other potentially interested parties of
the proposed amendment and allow sixty (60) calendar days for comment.
2. At the end of this period, the SHPO will submit a record of any comments received
and the proposed amendment to the NPS for review. Upon receipt, the NPS will have
forty-five (45) working days to respond to the SHPO.
3. If the NPS approves of the amendment, the SHPO must send amended certification
agreements to each of the affected CLGs for signature and, once returned, forward
them to the NPS within 120 calendar days.
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APPENDIX A
Secretary of the Interior’s Professional Qualifications Standards
Throughout this Appendix, a year of full-time professional experience need not consist of a continuous
year of full-time work, but may be made up of discontinuous periods of full-time or part-time work
adding up to the equivalent of a year of full-time experience.
I. History: The minimum professional qualifications in history are a graduate degree in history, or
closely related field; or a bachelor’s degree in history, or a closely related field, plus one of the
following:
1. At least two years of full-time experience in research, writing, teaching, interpretation, or
other demonstrable professional activity with an academic institution, historical organization
or agency, museum, or other professional institution; or
2. Substantial contribution through research and publication to the body of scholarly knowledge
in the field of history.
II. Archeology: The minimum professional qualifications in archeology are a graduate degree in
archeology, anthropology, or closely related field, plus:
1. At least one year of full-time professional experience or equivalent specialized training in
archeological research, administration, or management;
2. At least four months of supervised field and analytic experience in general North American
archeology, and
3. Demonstrated ability to carry research to completion.
In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least
one year of full-time professional experience at a supervisory level in the study of archeological resources
of the prehistoric period; and a professional in historic archeology shall have at least one year of full-time
professional experience at a supervisory level in the study of archeological resources of the historic
period.
III. Architectural History: The minimum professional qualifications in architectural history are a
graduate degree in architectural history, art history, historic preservation, or closely related field, with
course work in American architectural history; or a bachelor’s degree in architectural history, art
history, historic preservation, or closely related field, plus one of the following:
1. At least two years of full-time experience in research, writing, or teaching in American
architectural history or restoration architecture with an academic institution, historical
organization or agency, museum, or other professional institution; or
2. Substantial contribution through research and publication to the body of scholarly knowledge
in the field of American architectural history.
IV. Architecture: The minimum professional qualifications in architecture are a professional degree in
architecture, plus at least two years of full-time professional experience in architecture; or a State
license to practice architecture.
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V. Historic Architecture: The minimum professional qualifications in historic architecture are a
professional degree in architecture; or State license to practice architecture, plus one of the following:
1. At least one year of graduate study in architectural preservation, American architectural
history, preservation planning, or closely related field; or
2. At least one year of full-time professional experience on historic preservation projects.
Such graduate study or experience shall include detailed investigations of historic structures, preparation
of historic structures research reports, and preparation of plans and specification for preservation projects.
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APPENDIX B
Annual Historic Preservation Report
The local government must submit to the SHPO on January 31 of each year, an annual historic
preservation report which describes the Commissions activities and determinations for the period of the
previous October 1 through September 30 (i.e. the federal fiscal year). The preferred method of submittal
for this report is digitally on a CD, but a paper submittal is allowed. Below is an outline of the materials
to be contained in this report.
Historic Zoning Ordinance:
1. Copies of any new historic preservation zoning ordinances, amendments, regulations, by-laws, or
guidelines implemented during the review period.
2. A total number of cases reviewed under the authority of the zoning ordinance during the review
period.
Local Historic Preservation Commission:
1. A list of all currently serving members of the Commission, any changes in membership during
the review period, and resumes for any members of the Commission appointed during the review
period demonstrating their interest, knowledge, or competence in historic preservation. [Please
note whether any of the Commissioners meet the Secretary of the Interior’s Professional
Qualifications Standards as outlined in Appendix A].
2. Any vacancies on the Commission along with the duration of such vacancies.
3. Members of the Commission who participated in historic preservation training and a description
of such training.
4. Any requests for technical assistance from the SHPO.
Public Participation:
1. Total number of Commission meetings held during this period.
2. Copy of the minutes and agenda for all Commission meetings.
3. Documentation of any changes to the public notification procedures.
4. List of National Register nominations reviewed by the Commission.
Local Survey and Inventory:
1. Names of new local landmark and local historic district designations and a map illustrating their
locations.
2. Update on the status of historic property surveys in progress. [If completed but not submitted, a
copy of the survey materials should be transmitted to the SHPO].
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ACTION FORM
PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 07/08/13
DEPARTMENT OF ORIGIN: City Council
PREPARED BY: Traci McDowell, City Clerk
SUBJECT: Dover Human Relations Commission DATE SUBMITTED: 07/02/2013
RELATED PROJECT: N/A
APPROVALS: LF&A Committee and City Council
EXHIBITS: Exhibit #1 - Historical Overview Provided to Committee on May 28, 2013
Exhibit #2 - DHRC 2013 Meetings Summary
Exhibit #3 - List of Committees Which Meet as Needed
Exhibit #4 - DHRC Membership Summary and List of Resignations 2010-2013
Exhibit #5 - DHRC By-Laws (Adopted: September 6, 2002; Amended: December 15, 2004)
Exhibit #6 - DHRC Intake Form Log - 2010-Present
TIMETABLE: Recommendations to City Council on July 22, 2013
RECOMMENDED ACTION: Examine the role and performance of the Dover Human Relations Commission
by reviewing Items #1-5 below and formulating recommendations for Council’s consideration.
BACKGROUND AND ANALYSIS
During the Legislative, Finance, and Administration Committee meeting of June 24, 2013 members requested
addition information (Exhibits #5 and #6) and tabled the discussion of recommendation items #1-5 included in the
May 28, 2013 committee action form pertaining to the Dover Human Relations Commission, as follows:
1) If the Commission is fulfilling its purpose (below)
Sec. 58-31. - Purpose.
The city council has deemed it to be in the best interest of the city to establish a human relations commission
to include members who are broadly representative of the entire community and who are committed to a
philosophy of inclusion, intergroup cooperation, and fair treatment that will effectively help the city meet
the following needs:
(1) Fairness, respect. Promote and develop an environment of fairness and respect among its citizens;
(2) Monitoring. Develop ways to measure and monitor community relations, particularly those that are
sources of intergroup conflict;
(3) Intergroup relations. Involve all segments of the community in understanding and appreciating the
benefits of positive intergroup relations;
(4) Issues. Offer a range of programs and services that will help its residents and neighborhoods prevent
and resolve issues of human relations; and
(5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving community tensions
arising from intergroup conflict.
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Legislative, Finance, and Administration Committee Meeting of July 8, 2013 Page 2
Committee Action Form - Dover Human Relations Commission
Sec. 58-36. - Powers and duties.
The powers and duties of the human relations commission shall be to:
(1) Recommendations. Review city programs, activities, functions and ordinances, and make
recommendations to the city council for new, amended or changed programs, functions, activities or
ordinances which would support inclusiveness and civility among city residents and enhance
communication and understanding among residents of the city;
(2) Intergroup conflicts. Inquire into incidents of intergroup conflicts and disputes within the city and
take such action as may be designed to alleviate such conflicts and disputes;
(3) Intergroup cooperation. Promote and encourage communications between and cooperation of all
groups interested in bettering human relations in the city;
(4) Complaints. Seek the active assistance of the state human relations commission in the solution of
complaints of alleged discrimination which fall within the jurisdiction of the state commission;
(5) Research, education, etc. Engage in such research, education and advocacy as, in the judgment of
the commission or the city council, may be needed to improve human relations in the city;
(6) Programs. Develop and maintain programs that build positive relations among communities and
enhance problem-solving skills among residents throughout the city;
(7) Other functions. Do all other acts and deeds necessary and proper to carry out and effectively
accomplish the objectives, functions and services contemplated by the provisions of this article.
2) If there is evidence of a continued necessity for the Commission, or if it is a duplication of services provided
by other agencies, committees, etc. within the City and/or State of Delaware.
(See Exhibit #2 - DHRC 2013 Meetings Summary; and Exhibit #6 - DHRC Intake Form Log - 2010-Present)
3) The possibility of amending Sec. 58-33 (c) - Meetings, of the Dover Code to limit the Commission to
meeting on an as needed basis, in the same manner as many other City committees, commissions and boards,
including the Awards Committee, Election Board, Ethics Commission, and Property Maintenance Code
Board of Appeals.
(See Exhibit #3 - List of Committees Which Meet as Needed)
4) The possibility of amending Sec. 58-32 (b) - Composition; appointment, of the Dover Code to reduce the
membership of the Commission from fifteen (15) to seven (7), which would maintain the threshold
originally proposed during the Dover Community Meeting of December 4, 2001.
(See Exhibit #4 - DHRC Membership Summary and List of Resignations 2010-2013)
5) Direct staff to prepare a Proposed Ordinance reflecting the recommendations of the Committee.
/dd
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ACTION FORM
PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 05/28/13
DEPARTMENT OF ORIGIN: City Council
PREPARED BY: Denise L. Devine, Assistant City Clerk, on Behalf of Councilman James Hutchison, Sr.
SUBJECT: Dover Human Relations Commission DATE SUBMITTED: 05/23/2013
RELATED PROJECT: N/A
APPROVALS: LF&A Committee and City Council
EXHIBITS: Dover Community Meeting Minutes (May 1, 2001 - December 4, 2001); Chapter 58 - Human
Relations, Article II - Human Relations Commission of the Dover Code
TIMETABLE: Direct staff to prepare a Proposed Ordinance reflecting the recommendation of the Committee
for First Reading by City Council during the Regular Meeting of June 10, 2013
RECOMMENDED ACTION: Councilman Hutchison requests that the Legislative, Finance, and
Administration Committee examine the role and performance of the Dover Human Relations Commission to
determine the following: 1) if the Commission is fulfilling its purpose; 2) if there is evidence of a continued
necessity for the Commission, or if it is a duplication of services provided by other agencies, committees, etc.
within the City and/or State of Delaware; 3) the possibility of amending Sec. 58-33 (c) - Meetings, of the Dover
Code to limit the Commission to meeting on an as needed basis, in the same manner as many other City
committees, commissions and boards, including the Construction Code Appeals Committee, Election Board,
Ethics Commission, and Property Maintenance Code Board of Appeals; 4) the possibility of amending Sec. 58-
32 (b) - Composition; appointment, of the Dover Code to reduce the membership of the Commission from fifteen
(15) to seven (7), which would maintain the threshold originally proposed during the Dover Community Meeting
of December 4, 2001; and 5) direct staff to prepare a Proposed Ordinance reflecting the recommendation of
the Committee for First Reading at City Council during the Regular Meeting of June 10, 2013 and Final Reading
on June 24, 2013.
BACKGROUND AND ANALYSIS
In 2001, two (2) incidents occurred during the month of March (one (1) involving the shooting of a police officer
in the Capital Green area, and one (1) involving the death of Mr. Reginald Hannah) which caused racial tension and
divisiveness within the City of Dover. As a result, Mayor Hutchison requested an Emergency Council Meeting to
discuss the conflicting issues involving the community, which was held on March 25, 2001. Subsequently, the
Delaware Human Relations Commission held a series of Dover Community Meetings throughout the year
(Exhibits), to begin a dialogue and develop objectives to restore and rebuild the community, together with all
citizens of Dover. Those in attendance at these Community Meetings worked to develop and prioritize a list of
issues as well as strategies and objectives for resolution.
During the Dover Community Meeting held on August 28, 2001, those present reviewed five (5) alternatives for
developing a forum for the community. During the Dover Community Meeting of September 25, 2001, Councilman
Eugene Ruane reviewed a list of what he felt the responsibilities of a local Human Relations Commission would
entail.
Page 31
Legislative, Finance, and Administration Committee Meeting of May 28, 2013 Page 2
Committee Action Form - Dover Human Relations Commission
During their Regular Meeting of February 22, 2002, Dover City Council adopted an ordinance establishing the City
of Dover Human Relations Commission.
The Commission was established to restore and rebuild the community, however, during the past several years, the
Commission has experienced low meeting attendance rates, by both members and citizens, and the Mayor and
Council have received resignations from numerous members. As a result, the Commission has experienced
difficulty in obtaining the required quorum of members to convene meetings and conduct official business.
Additionally, there is a lack of communication between the Commission and Council, as well as between the
Commission and members of City staff. The Commission has repeatedly jeopardized the City’s compliance with
the Freedom of Information Act (FOIA) through its disregard of requests to provide detailed meeting minutes.
Councilman Hutchison requests that the Legislative, Finance, and Administration Committee examine the role and
performance of the Dover Human Relations Commission to determine the following:
1) if the Commission is fulfilling its purpose;
2) if there is evidence of a continued necessity for the Commission, or if it is a duplication of
services provided by other agencies, committees, etc. within the City and/or State of Delaware;
3) the possibility of amending Sec. 58-33 (c) - Meetings, of the Dover Code to limit the
Commission to meeting on an as needed basis, in the same manner as many other City
committees, commissions and boards, including the Construction Code Appeals Committee,
Election Board, Ethics Commission, and Property Maintenance Code Board of Appeals;
4) the possibility of amending Sec. 58-32 (b) - Composition; appointment, of the Dover Code to
reduce the membership of the Commission from fifteen (15) to seven (7), which would
maintain the threshold originally proposed during the Dover Community Meeting of
December 4, 2001; and
5) direct staff to prepare a Proposed Ordinance reflecting the recommendation of
the Committee for First Reading at City Council during the Regular Meeting of
June 10, 2013 and Final Reading on June 24, 2013.
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EXCERPT FROM CITY COUNCIL MEETING MINUTES OF OCTOBER 22, 2001
HUMAN RELATIONS COMMITTEE UPDATE
Ms. Juana Fuentes-Bowles, Director of the Delaware State Division of Human Relations advised
members that a group of community members have worked diligently to begin dialogue, and develop
objectives and strategies to restore and rebuild the community. As an enforcement agency of the
State Human Relations Commission, she stated that there are many tasks one of which is to promote
amicable relationships among all racial ethnical groups in the State of Delaware. During the past
six (6) months, the State Human Relations Commission felt that due to the climate in the Dover
community, it was important to take necessary steps to develop strategies to avoid potential
escalating tension within the community.
Ms. Fuentes-Bowles relayed appreciation for those members of Council and staff that have been
participating in the meetings that have occurred for the past several months. As a result, she stated
that the group has identified seven (7) priority issues that need to be addressed, as follows:
1) concerns of citizens; 2) how citizens are viewed by local officials; 3) how citizens view the Dover
Police Department; 4) isolation; 5) Dover Police Department recruitment, promotions, retention, new
hires, minority group members, etc.; 6) role of the Capital School District; and 7) the media.
Referring to the first issue being citizens’ concerns, Ms. Fuentes-Bowles explained that citizens
feared that if they made a complaint, there would be adverse actions towards them, and that many
were not aware of how to make a complaint to the City or the Police Department. A Task Force was
developed in formulating a process to address these issues. On behalf of the Task Force, she
presented a new Citizen Complaint Form and Citizen Complaint Process Brochure to Chief Horvath
developed to be used by the City of Dover Police Department. It is hoped that the Chief, as well as
Mayor and Council will welcome and implement the form and brochure as a part of City policy.
On behalf of the Dover Police Department, Chief Horvath commended all those that worked on this
project and relayed assurance that the new form and brochure will be utilized, stating his feeling that
it will enhance the department’s public service.
Ms. Fuentes-Bowles advised members that the next Human Relations Commission’s meeting is
scheduled to be held on November 20, 2001 at 6:30 p.m. at the State DelDOT facility. The topic for
discussion is to consider the establishment of a local Human Relations Commission.
Council President McGlumphy thanked Ms. Fuentes-Bowles and the members of the Human
Relations Commission and other community participants for beginning the building of harmony in
the City and for taking positive action in this regard.
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Municode Page 1 of 3
Dover, Delaware, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 58 - HUMAN
RELATIONS >> ARTICLE II. - HUMAN RELATIONS COMMISSION >>
ARTICLE II. - HUMAN RELATIONS COMMISSION
Sec. 58-31. - Purpose.
Sec. 58-32. - Established; composition; appointment; representation; holding other office; removal from office; terms of
office; vacancies; reappointments.
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions; agreements; compensation;
legal counsel; reports.
Sec. 58-34. - Expenses.
Sec. 58-35. - Conflicts of interest.
Sec. 58-36. - Powers and duties.
Sec. 58-31. - Purpose.
The city council has deemed it to be in the best interest of the city to establish a human
relations commission to include members who are broadly representative of the entire community
and who are committed to a philosophy of inclusion, intergroup cooperation, and fair treatment that
will effectively help the city meet the following needs:
(1) Fairness, respect. Promote and develop an environment of fairness and respect
among its citizens;
(2) Monitoring. Develop ways to measure and monitor community relations, particularly
those that are sources of intergroup conflict;
(3) Intergroup relations. Involve all segments of the community in understanding and
appreciating the benefits of positive intergroup relations;
(4) Issues. Offer a range of programs and services that will help its residents and
neighborhoods prevent and resolve issues of human relations; and
(5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving
community tensions arising from intergroup conflict.
(Code 1981, § 2-16; Ord. of 2-11-2002)
Sec. 58-32. - Established; composition; appointment; representation; holding other
office; removal from office; terms of office; vacancies; reappointments.
(a) Established. There is hereby established an advisory commission to be known as the "City of
Dover Human Relations Commission," to carry out the objectives as described in this article.
(b) Composition; appointment. The commission shall consist of 15 members, all residents of the
city. Five of these members shall be appointed by the mayor and confirmed by the city
council. Ten of these members shall be appointed by the president of the council, based
upon recommendations from the council and confirmed by the council.
(c) Representation. In selecting the membership of the commission, the mayor and president of
the council and the council shall take particular care to ensure that the commission is broadly
representative of racial, religious, gender and ethnic groups residing in the city.
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(d) Holding other office; removal. No member of the commission shall hold any elected or
appointed office under the government of the United States or the state, county, or city. The
mayor or the city council president may remove members of the commission, with the
concurrence of the city council, for substantial neglect of duty, or gross misconduct in office.
(e) Terms of office; vacancies. A member of the commission shall be appointed for a term of
office of three years and until his successor has been appointed and has qualified. The
appointees shall be appointed for staggered terms of office. When a vacancy occurs in the
membership of the commission, it shall be filled by appointment for the unexpired portion of
the term in the same manner as the original appointment.
(f) Reappointments. Members may be reappointed.
(Code 1981, § 2-17; Ord. of 2-11-2002; Ord. No. 2010-23, 8-23-2010)
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of
functions; agreements; compensation; legal counsel; reports.
(a) Organization. The human relations commission shall annually elect its own chairperson to
preside over its meetings and may create and fill such other offices and committees among
its members as may be found necessary and proper for its effective organization.
(b) Quorum. A majority of the membership of the commission shall constitute a quorum and, if a
quorum is present, a vacancy on the commission shall not impair the right of the remaining
members to exercise all the powers of the commission.
(c) Meetings. The commission shall hold such meetings as may be deemed necessary for the
completion of its purposes, responsibilities and functions. Regular meetings shall be held at
least once per month unless there is no business to be considered by the commission.
Special meetings may be called by the chairperson or three members of the commission.
(d) Rules of procedure. The commission is also authorized to adopt rules of procedure for the
conduct of its meetings.
(e) Functions limited. The commission shall not involve itself in activities or functions already
assigned by law or decree to other governmental bodies.
(f) Agreements. The commission may enter into agreements and build partnerships with other
entities and organizations for the purpose of more efficiently and effectively carrying out its
responsibilities.
(g) Compensation. Members of the commission shall receive no compensation.
(h) Legal counsel. The city solicitor shall provide legal counsel to the commission and shall be
the legal representative of the commission in connection with its duties hereunder, on a case
-by-case basis, or determine that outside counsel is needed and obtain such outside counsel
for a particular matter.
(i) Reports. The commission shall make such reports to the mayor and city council as shall be
periodically necessary. An annual report of its accomplishments and a summary of its
recommendations, as appropriate, shall be sent to the mayor and the city council.
(Code 1981, § 2-18; Ord. of 2-11-2002)
Sec. 58-34. - Expenses.
(a) Budget. The city council may appropriate a budget for the city human relations commission
to provide for necessary expenses and expenditures.
(b)
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Other funding. The commission may also receive funding from other governmental,
philanthropic or private organizations for the exclusive purpose of carrying out its
responsibilities.
(Code 1981, § 2-19; Ord. of 2-11-2002)
Sec. 58-35. - Conflicts of interest.
If any member of the human relations commission concludes that he has a conflict of interest
with respect to a matter which is pending before the commission, that member shall disqualify
himself from participating in any deliberations, discussions and decision making processes of the
commission.
(Code 1981, § 2-20; Ord. of 2-11-2002)
Sec. 58-36. - Powers and duties.
The powers and duties of the human relations commission shall be to:
(1) Recommendations. Review city programs, activities, functions and ordinances, and
make recommendations to the city council for new, amended or changed programs,
functions, activities or ordinances which would support inclusiveness and civility
among city residents and enhance communication and understanding among
residents of the city;
(2) Intergroup conflicts. Inquire into incidents of intergroup conflicts and disputes within
the city and take such action as may be designed to alleviate such conflicts and
disputes;
(3) Intergroup cooperation. Promote and encourage communications between and
cooperation of all groups interested in bettering human relations in the city;
(4) Complaints. Seek the active assistance of the state human relations commission in
the solution of complaints of alleged discrimination which fall within the jurisdiction of
the state commission;
(5) Research, education, etc. Engage in such research, education and advocacy as, in
the judgment of the commission or the city council, may be needed to improve human
relations in the city;
(6) Programs. Develop and maintain programs that build positive relations among
communities and enhance problem-solving skills among residents throughout the city;
(7) Other functions. Do all other acts and deeds necessary and proper to carry out and
effectively accomplish the objectives, functions and services contemplated by the
provisions of this article.
(Code 1981, § 2-21; Ord. of 2-11-2002)
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DOVER HUMAN RELATIONS COMMISSION - 2013 MEETINGS SUMMARY
JANUARY 23, 2013
Four (4) members present - Sudler, Allen-Pyne, Wasfi, and Edamatsu
Five (5) members absent - (Senato), Hackett, White, Warfield, Baccio-Walker, and
Brewington
Vacancies (6)
( ) = in minutes (Mr. Senato resigned September 14, 2012)
= omitted from minutes
Adoption of Minutes of November 28, 2012
No Action Taken - Lack of a Quorum
Comments/Presentations from Members of the Community
There were no comments made at this time
Chair's Report
Chairman Sudler reported that on January 15, 2013 at approximately 7:30am, he attended the Capital
School District's School Board Meeting. There were two major concerns expressed by the parents
and teachers:
1) The need for strengthening how we teach and reach students with special needs in the
DCAS Testing.
2) The Contract Extensions and Specifications for Arthur Thomas with a two year renewal
contractual agreement.
PURPOSE: Not within the defined purpose or powers and duties of the Commission.
Chairman Sudler reported that on January 19, 2013 at approximately 7am a historical moment took
place in downtown Dover on Legislative Mall with the unveiling of the Martin Luther King
Boulevard street sign.
On January 21, 2013 Chairman Sudler reported that he attended the 30th Annual Martin Luther King
Prayer Breakfast in which he commented was highly attended and excellently done.
Committee Reports
School Programs: Commissioner Wasfi reported on the proposed "Study Circle" Project. This
is a five week project that would run for 2 hours for five consecutive weeks and should have
a minimum of 10 people participating. Commissioner Wasfi also advised that Don Blakely
agreed to be the Facilitator if he can fit it into his schedule. Sessions can be held at the Dover
Library on Saturday mornings from 10:00am to 12:00pm or during the week from 6:00pm to
8:00pm, if convenient for the Commissioners. It should also be noted that the Dover Library
does close at 9:00pm which could create an issue if the sessions run over.
PURPOSE: Difficult to determine the purpose without knowing more about the Study Circle
Project.
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Community Programs: Commissioner Dawn Allen-Pyne- nothing to report at this time.
Assessment: Commissioner Edamatsu- nothing to report at this time.
Intake Forms: Commissioner Warfield - not present to report.
Brief discussion took place regarding intake forms. Commissioner Wasfi asked about the
Commissions role in intake form process. She stated that the intake forms provide a channel for the
citizens of Dover. It was suggested that a letter be drafted regarding the intake process.
Chairman Sudler stated that he would like to appoint Commissioner Wasfi as a liaison to get a point
of clarity.
Commissioner Wasfi stated that we need to respond to the Henry Fordham matter. She also
expressed the importance of letting Dr. Warfield know that those who were present for this
meeting share her concerns.
CITY CLERK’S OFFICE NOTE: The Commission was advised on October 3, 2012 that the City
of Dover and the DHRC should not be involved in this matter and that the complainant be
referred to the State Human Relations Commission or the Attorney General.
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions;
agreements; compensation; legal counsel; reports.
(e) Functions limited. The commission shall not involve itself in activities or functions already
assigned by law or decree to other governmental bodies.
New Business
2012 Annual Report:
(Final report must be submitted to the City Clerk's Office by 12:00 noon on February 1, 2013
for consideration by City Council at the regular Council Meeting on February 11, 2013}
[Chairman Sudler forwarded report to all of the Commissioners via email for review]
PURPOSE:
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions;
agreements; compensation; legal counsel; reports.
(i) Reports. The commission shall make such reports to the mayor and city council as shall be
periodically necessary. An annual report of its accomplishments and a summary of its
recommendations, as appropriate, shall be sent to the mayor and the city council.
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FEBRUARY 27, 2013
Seven (7) members present - Sudler, Allen-Pyne, Wasfi, Hackett, Brewington, White, and
Edamatsu
One (1) member absent - Baccio-Walker and (Warfield)
Vacancies (7)
( ) = in minutes (Ms. Warfield resigned on February 27, 2013)
= omitted from minutes
Agenda Additions & Deletions:
Chairman Sudler added item (a) Adoption of Minutes to the Agenda and items (b) Ad Hoc
Committee for Resolution Proposal (c) Ad Hoc Committee for Grant Proposal and (d)
Commissioners Wasfi report on her meeting with a Native American Chief to the New Business
section of the Agenda
CITY CLERK’S OFFICE NOTE: Unless considered an emergency, items are to be added to an
agenda at least six (6) hours in advance of the meeting.
Adoption of the Minutes of January 23, 2013
After reviewing the minutes of 1/23/13, Chairman Sudler asked for a motion to accept the minutes
Ellen Wasfi motioned to accept the minutes of January 23, 2013 with the proper corrections.
Dr. Linda Hackett second.
Motioned carried.
Adoption of the Minutes of November 28, 2012
After reviewing the minutes of 11/28/12, Chairman Sudler asked for a motion to accept the minutes
Dr. Edamatsu motioned to accept the minutes of November 28, 2012 with the proper corrections.
Vice Chair Dawn Allen-Pyne Second.
Motioned carried.
Commissioner Wasfi suggested that the Commissioners should draft a follow up letter to the
Dover Police Department in regards to Henry Fordham complaint that was mentioned in
November 28, 2012 minutes.
Commissioner Wasfi also suggest that we check with the State Human Relations Commission
to see if they received any information on this matter first and then ask if they would jointly
sign off on the letter of inquiry that will be sent to the Dover Police Department.
CITY CLERK’S OFFICE NOTE: The Commission was advised on October 3, 2012 that the City
of Dover and the DHRC should not be involved in this matter and that the complainant be
referred to the State Human Relations Commission or the Attorney General.
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Presentation – Capital Mentoring Program:
Capital School District Mentor Coordinator, Steffi Holmes gave a presentation for the Capital School
District’s Mentoring Program. Miss Holmes informed the Commission that the program is geared
for children grades K-12. Mentors are loving adults from the community ages 18 and up who are
looking to make a positive impact in a child’s life. The program offers free 3 hour training session
every month for those who are interested in becoming a Mentor as well as free background checks
which are completed every two years. It is a 6 week process to become a Mentor. Ms. Holmes
concluded her presentation by handing out brochures and applications to everyone present and
personally inviting each Commissioner to join Capital School District’s Mentoring Program.
(Adjourned - 10 Minute Recess)
PURPOSE: In accordance with the following sections of the Dover Code:
Sec. 58-31. - Purpose.
(3) Intergroup relations. Involve all segments of the community in understanding and
appreciating the benefits of positive intergroup relations; and
Sec. 58-36. - Powers and duties.
The powers and duties of the human relations commission shall be to:
(3) Intergroup cooperation. Promote and encourage communications between and cooperation
of all groups interested in bettering human relations in the city;
(5) Research, education, etc. Engage in such research, education and advocacy as, in the
judgment of the commission or the city council, may be needed to improve human relations
in the city;
Comments/Presentations from Members of the Community:
There were no comments made at this time.
Chair’s Report:
Chairman Suddler reported that in February 2013 he worked on a letter that needed to be drafted to
the Mayor and City Council in regards to the intake form process and the Commissioners concerns.
That concluded the Chairman’s Report of February 2013.
Committee Reports:
School Programs
Commissioner Wasfi – mentioned that having the Study Circle at the Dover Library during
the week will not work being that the library closes at 8pm and not 9pm. It was suggested that
we facilitate the Study Circle on the weekends to avoid interruption in dialogue if we go over
time. After making observation it was noted that the Study Circle for the Commissioners
should to be more diverse both in race and gender.
PURPOSE: Difficult to determine the purpose without knowing more about the Study Circle
Project.
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Community Programs:
Commissioner Dawn Allen-Pyne – nothing to report at this time.
Assessment:
Commissioner Edamatsu – nothing to report at this time.
Intake Forms:
Commissioner Warfield – not present to report.
New Business:
Annual Report – Commissioners reviewed final report that will be submitted at the next City Council
Meeting for Council approval.
Chairman Sudler asked for a motion to accept the 2012 Annual Report
PURPOSE: In accordance with the following section of the Dover Code:
Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions;
agreements; compensation; legal counsel; reports.
(i) Reports. The commission shall make such reports to the mayor and city council as shall be
periodically necessary. An annual report of its accomplishments and a summary of its
recommendations, as appropriate, shall be sent to the mayor and the city council.
Commissioner Edamatsu motioned to accept the 2013 Annual Report with the proper corrections.
Dr. Hacket Second.
Motioned carried.
Chairman Sudler suspended items b, c and d that are listed below until our next meeting.
b. Ad Hoc Committee for Resolution Proposal
c. Ad Hoc Committee for Grant Proposal
d. Commissioners Wasfi report on her meeting with a Native American Chief
Announcements:
Chairman Sudler asked if all the Commissioners could show up for the March 11th City Council
Meeting at 7:30pm regards to acceptance and approval of the Dover Human Relations Commission
Annual Report.
Adjournment:
Commissioner Sudler asked for motion to adjourn the meeting
Commissioner Wasfi made motion for the meeting to be adjourned
Commissioner Edamatsu second.
Motion carried.
Meeting adjourned at 9:30pm
CITY CLERK’S OFFICE NOTE: The agenda stipulated an adjournment time of 9:00 p.m.
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MARCH 27, 2013
Six (6) members present - Sudler, Wasfi, Hackett, Brewington, White, and Edamatsu
Two (2) members absent - Allen-Pyne, and Baccio-Walker
Vacancies (7)
= omitted from minutes
Adoption of the Minutes of February 27, 2013
Chairman Sudler asked for a motion to accept the minutes of February 27, 2013.
Commissioner Ellen Wasfi motioned to accept the minutes of February 27, 2013 with the proper
corrections.
Commissioner White second.
Motioned carried.
Comments/Presentations from Members of the Community:
There were no comments made at this time.
Chair’s Report:
Chairman Sudler reported that on March 25, 2013 at approximately 8:33 p.m., he presented to the
Mayor and City Council of Dover, Delaware the Dover Human Relations Commission’s Annual
Report for 2012. The PowerPoint presentation content consisted of the following:
1. Origin of the Commission
2. Enabling Legislative Powers and Duties
3. Operating Procedural Flow Chart
4. Intake Forms Reported
5. Complaint Against DHRC
6. DHRC Concerns
7. Certificates of Training
8. Special Forum on How to Report Hate Crimes
9. Proposed Resolution and Funding
10. Questions
The DHRC Annual Report for 2012 and PowerPoint Presentation were accepted by a unanimous
vote. Councilman David Anderson made a motion to forward the Cessation of Illegal Gang
Formation in Dover, Delaware Resolution to the proper committee for consideration of
adoption for the City of Dover. There were no questions asked from the Mayor or City Council
Members. At this meeting Dr. Wilma Mishoe was honored and recognized by the City of Dover for
being inducted into the Women’s Hall of Fame for the State of Delaware. Congratulations were
given to Dr. Wilma Mishoe and other individuals recognized on March 25, 2013.
That concluded the Chair’s report.
CITY CLERK’S OFFICE NOTE: To date, the Commission has not approved the draft resolution.
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Committee Report:
School Programs
Commissioner Wasfi – nothing to report at this time.
Community Programs:
Commissioner Dawn Allen-Pyne – not present to report at this time.
Assessment:
Commissioner Edamatsu – nothing to report at this time.
Intake Forms:
Chairman Sudler asked if anyone was interested in fulfilling the Intake Form Chair position.
Commissioner Brewington asked, what were the duties of the Intake Form Chairperson?
Chairman Sudler and Commissioner Wasfi described the various duties of an Intake Chairperson.
New Business:
Formation of an Ad Hoc Committee for Resolution Proposal – Chairman Sudler asked if
anyone was interested in overseeing this Committee.
Formation of an Ad Hoc Committee for Grant Proposal– Chairman Sudler asked if anyone
was interested in heading up this Committee.
Commissioners Wasfi report on her meeting with a Native American Chief
Chairman Sudler deferred item (c) until the City Clerk places it on the agenda.
CITY CLERK’S OFFICE NOTE: Other than the minutes, this request was not communicated
directly.
Dr. Hackett stated that she was upset about the article in March 27, 2013 Dover Post.
Dr. Hackett made a motion to address the article in the newspaper
Dr. Edamatsu second
Dr. Hackett amended the motion to address the facts used in the article in the newspaper
Commissioner White second
Chairman Sudler advised that the Commissioners should go back to the person who appointed
them and express their concerns of how Commissioners not wanting to participate because of
lack of follow-up.
Chairman Sudler made motion that we look for a location to have an outreach meeting or assist Vice
Chair Pyne. Chairman Sudler also stated that if there is an event you would like to see the
Commission participate let DHRC know of the event.
Commissioner White second
Motion carried unanimously
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Announcements:
Commissioner Wasfi made an announced that November is Native American Month and
stated she would like to draft a resolution. Commissioner Wasfi asked if there was a single file
for all resolutions DHRC passed. Chairman Sudler said he will check with the City Council office.
CITY CLERK’S OFFICE NOTE: Other than the minutes, this request was not communicated
directly.
It was also announced that Kent Count League of Women Voters held a meeting Document of
Discovery. They will be showing a film of Women in the Military in April.
Edamatsu announced March is Woman’s History Month and mentioned a resolution. Commissioner
Sudler asked Dr. Edamatsu if she would be the liaison to find out if the previous Chair has a file of
past resolutions.
Dr. Hackett announced the release of the new movie God’s Amazing Grace that was filmed at
Calvary Baptist Church.
APRIL 24, 2013
Four (6) members present - Sudler, Allen-Pyne, Wasfi, Hackett, Brewington, and White
Two (2) members absent - Edamatsu, and Baccio-Walker
Vacancies (7)
= omitted from minutes
Commissioner Wasfi motioned to have Approval of Minutes automatically placed on agenda as item
number three on the agenda.
Vice Chairman Dawn Allen-Pyne second
Motioned Carried.
CITY CLERK’S OFFICE NOTE: The minutes were not placed on the agenda for approval
because they had not been provided for the meeting packet. The Clerk’s Office received the
minutes from Ms. Talton on April 29, 2013.
Comments/Presentations from Members of the Community: There were no comments made at
this time.
Chair's Report:
Chairman Sudler asked the Commissioners to review the Chair's Report. Chairman Sudler advised
that the Flow Chart that was presented at the meeting he attended will be presented to the
Commissioners at the next meeting. Chairman Sudler reported that on April 13, 2013 at
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2013 MEETINGS SUMMARY PAGE 9
approximately 8:30 p.m. to 3:00 pm he participated in the Delaware Department of Justice Crime
Free Multi-Housing Program Training which reviewed:
• City of Dover's Property Inspection Tips
• Best Practices For Landlords
• Best Eviction Process For Landlords
• Fair Housing and Tenant Screening Techniques
On April 16, 2013 at approximately 5:46pm, a resident of Dover inquired about the process for filing
an intake form with the Dover Human Relations Commission. Chairman Sudler explained to the
person to the process and gave them an intake form.
On April 17, 2013 at approximately 11:17am, Chairman Sudler was contacted by a resident of Dover
who recently inquired about the Intake process for DHRC on April 16, 2013. The resident is
working on a statement of events to file as an intake form with DHRC.
DHRC-(PO) Case #01.2013-04-17
[01=Number of Cases 2013=Year-04=Month-17Day]
On April 22, 2013 at approximately 8:30pm, Chairman Sudler spoke with Chief James E. Hosfelt
of the Dover Police Department and Ann Marie Townsend, City Developer and both individuals
agreed to participate in a special forum titled Landlord's and Tenant's Obligation to Adhere to New
City Ordinance #2013-04 Sec 22-331 (Purpose, Applicability, Definition and Compliance).
On March 25, 2013 at approximately 7:47pm, Chairman Sudler presented the following items for
review of content of the Speech Flowchart for Annual Presentation.:
• ORIGIN OF THE DHRC
In the year 2001, a Resident of Dover, Delaware named Reginald L. Hannah age 39, died while in
custody of the Dover Police during a routine traffic stop. Reginald L. Hannah's controversial death
accompanied by death threats and shots fired towards Dover Police Officers, in result, sparked racial
tension and intergroup conflict between most Caucasian and African American Communities.
In an effort to relieve the racial tension in Dover, Delaware; Director of the State Human Relations
Commission in 2001, Juana Fuentes-Bowles, NAACP, IMA, Councilman James Hutchison who was
at that time was Mayor James Hutchison, Councilman Wallace R. Dixon, at that time Elder Wallace
R. Dixon and myself Roy Sudler, Jr. all participated on the "Dover Community Harmony Panel"
which helped to create the Dover Human Relations Commission.
The issues, strategies, objectives and clergy involvement is provided for review in your annual report
packet.
2. Enabling Legislative Powers and Duties
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Of the Dover Human Relations Commission is Pursuant to Chapter 2 - Administrative, Article I,
Division 6, Section 2 - 21 and Article II Section 58 - 31 Titled Human Relations Commission's
Purpose;
(1) Fairness and Respect among all citizens of Dover
(2) Monitoring and developing ways to measure community relations particularly
those that are a source of intergroup conflict
(3) Involve all segments of the community in understanding and appreciating the
benefits of positive intergroup relations
(4) Offer a range of programs and services that will help its residents and
neighborhoods prevent and resolve issues of human relations; and
(5) Develop ways of anticipating, preparing for, and relieving community tensions
arising from intergroup conflict.
• The Commission Members are [Look at Slide]
We will now review item #3
3. The Commission's Meeting and Procedural Flowchart
States that once the Commission has received an Intake Form from a Resident of Dover, it is
then submitted to the City Clerk's Office for a case number and placed on the Commission's
Business Meeting Agenda under New Business, ten [10] days prior to the next scheduled
meeting.
Pursuant to the Flowchart, the Commission is responsible and charged with investigating the
facts, merit and jurisdiction of the complaint in a hearing session.
The Commission only hears both parties testimony and does not make a decision during the
night of the hearing.
The Commission's Recommendation for Action and Jurisdiction is assessed at the
Decision-Making Meeting which is held at a later date determined by the Commission after
considering all of the facts and circumstance related to the complaint.
CITY CLERK’S OFFICE NOTE: Intake forms are not placed directly on the Commission
agenda; City staff reviews each intake form to determine the appropriate course of action, and
requests the opinion of the City Solicitor when necessary. In most cases, the intake forms
received involve matters that are not within the Commission’s jurisdiction.
We will now review item #4
4. 2012 INTAKE FORMS REPORTED
The first report was filed in January 2012, which involved an array of
1. 3/5 Index Cards that were disseminated on the streets of Down - Town Dover and
Delaware State University's Campus which displayed an image of a person of color hanging
by a rope tied to his or her neck from a tree with a racial slur statement saying,
"Cleaning Up the Streets One Nigger at a Time"
The second report was also filed in January 2012, which involved an
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2. Alleged Excessive Force Complaint between a Dover Police Officer and a Dover
Resident. The witness to the alleged assault feared for his or her safety and chose not to report
the incident to Industrial Affairs for the Dover Police Department.
The third report was filed in September 2012, which involved an
3. Alleged Hanging Report that according to Henry Fordham, took place at Silver-Lake
Recreational Park located in Dover, Delaware on September 21, 2012.
On September 28, 2012, The Dover Human Relations Commission scheduled a Special
Roundtable Meeting for October 5, 2012, to hear the testimony of Mr. Henry Fordham.
[Please see Roundtable Agenda pg. 30, City Solicitor's Opinion pg.34 and 4th District
Councilmen Andersons Opinion on pg. 35 in Annual Report]
PURPOSE: The City Solicitor opined that the complaints alleged in these intake forms were not
within the jurisdiction of the Commission, in accordance with Sec. 58-33. - Organization;
quorum; meetings; rules of procedure; limitation of functions; agreements; compensation; legal
counsel; reports - (e) Functions limited. The commission shall not involve itself in activities or
functions already assigned by law or decree to other governmental bodies.
We will now review item # 5.
ITEM 5
Complaint against DHRC
On November 5, 2012, the City Clerk's Office and City Manager received an official complaint from
Mr. Eshed Alston a resident of Dover, who claims that the Commission is not investigating or
informing the Black Community of the factual existence of lynching activity in the City of Dover.
[Please review pg. 33 of Annual Report
Item 6
DHRC - CONCERNS:
The Dover Human Relations Commission is very concerned about the amount of intake forms
that indicate racial tension in the City of Dover being deferred out to other agencies for
investigation. Pursuant to Chapter 2 - Administrative, Article I, Division 6, Section 2 - 21 and
Article II Section 58 - 31 Titled Human Relations Commission's Purpose; the Commission has
been granted the Powers and Duties to investigate claims of unfair treatment and develop ways
to monitor intergroup conflict among all segments of the City of Dover.
The ambiguity of our purpose and constant deferrals of intake complaint forms followed by
constant ostracism from constituents of Dover regarding the Commission's lack of
investigating official intake complaint forms have unfortunately, contributed significantly to
the resignation of current and previous commission members, especially after hearing the
nature and urgency of resident's concerns and not being able to investigate the merit of their
complaint.
In an effort to avoid further resignations of current and future Commission Members, it is my
recommendation, as Chairman of the Dover Human Relations Commission, that the Mayor
and City Council of Dover, Delaware, conduct a Special Meeting with the Dover Human
Relations Commission, City Clerk's Office and City Solicitor in quest of interpreting Chapter
2 - Administrative, Article I, Division 6, Section 2 - 21 of the Dover Code and Article II.
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Human Relations Commission, Sec. 58-31. Purpose: to mitigate or eradicate current and future
Commission Member's concerns and feelings of not fulfilling their duties as Commissioners
who advocate Human and Civil Rights for all segments of Dover, Delaware.
We will now review item # 7.
Item 7 Certificates of Training
Were received in the areas of
1) Title 25 State of Delaware's Landlord / Tenant Codes
This training covered key issues involving:
Fair Housing Initiatives
Landlord & Tenant's Remedies for Breach of Rules and Covenants; and
Zero-Tolerance Rules & Regulations for Subsidy Housing [HUD]
[Please refer to pg. 16 of your annual report packet]
The second training identified
2) How to Investigate and Prosecute Hate Crimes
The training covered an array of topics such as the need for Non-Governmental Organizations to be
more proactive and aware of the statutes and laws involving hate crimes.
" This training was the foundation of the Dover Human Relations Commission's Special
Meeting conducted on August 9, 2012
[Please review attachment for training outline on pg. 7 of your Annual Report Packet]
Item 8
********************************************************************
SPECIAL FORUM ON COMMUNITY AND STUDENT INVOLVEMENT IN REPORTING AND
RESOLVING HATE CRIMES IN COMMUNITIES AND HIGHER LEARNING INSTITUTIONS:
********************************************************************
Was a partnership initiative with the State Human Relations Commission, Delaware Department of
Justice, Delaware State University Police Department, Delaware State University's Counseling
Division, 31st District House of Representative Darryl Scott and the Dover Human Relations
Commission in accordance with Article II. Section 58 - 21 (1) Fairness \ Respect and (4) Prevent and
Monitor Human Relations in Dover, Delaware.
The forum focused on raising the awareness and involvement in resolving and reporting racial and
sexual orientation hate crimes in Dover and throughout the State of Delaware.
In addition, to review ethical remedies for dealing with emotional, spiritual, and social challenges
for victims of bias-motivated violence.
Some of the highlighted information discussed was Title 42 U.S.C. Code 3631 as a Hate Crime
covered under the State of Delaware's Title 11 Code 1304 Section (a) (2), selection of victim due to
race and sexual orientation.
Chief Prosecutor of Kent County, Delaware {Ken Haltom Esq.} from the Department of Justice
stated, "He knows that hate crimes occur more often than what is being reported and he feels and
understands the frustration that a person can experience, but he believes that forums such as this one
would help to promote healthy dialogue and change in the State of Delaware.
In fact, Chief Haltom shared with the Commission that out of 15 years of practicing law, this forum
was the first of its kind according to his experience, which he feels is a big change for him, one
which he embrace and is eager to be a big part of.
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[Please Review Special Forum Minutes Located on pg. 18 - 29 Annual Report]
In conclusion of the Dover Human Relations Commission's 2012 Annual Report Presentation,
Item number 9 titled:
PROPOSED RESOLUTION AND FUNDING
was approved by the Commission on June 27, 2012,
The Commission's approval of the final resolution draft, titled:
Cessation of Illegal Gang Formation in Dover, Delaware, was due to the amount of complaints
and concerns from Dover Residents and Business Owners complaining about the enormous
amount of gang activity and graffiti growth in the City of Dover and throughout Kent County.
CITY CLERK’S OFFICE NOTE: CITY CLERK’S OFFICE NOTE: To date, the Commission
has not approved the draft resolution.
This Resolution was written as a plan of action to provide the City of Dover with additional
monetary resources and youth enrichment programs that will help eliminate illegal gang activity in
the City of Dover.
According to the City's Controller Mrs. Donna Mitchell, the City's Human Relations Commission
is the first Commission to seek or inquire about a grant on behalf of the City during her tenure with
the City of Dover.
The Principle of the Grant is provided by OJJDP, which promotes Defending Childhood Resource
Centers and Improving the Nation's Response to Children Exposed to Violence.
[Please turn to page 13 - 15 of the annual report and follow me as I read the resolution.]
DHRC - 2012 PROPOSED RESOLUTION & FUNDING
FOR CESSATION OF ILLEGAL GANG FORMATION IN DOVER, DELAWARE
***********************************************************
Whereas; The City of Dover, the State Capital, strives to be a model for all cities in Delaware and
the United States.
Whereas; The Mayor and City Council have granted Powers and Duties to the Dover Human
Relations Commission, Pursuant to Article II. Sec. 58-31.
Whereas; Article II Sec. 58-31 titles (2), (4) and (5) charges the DHRC with developing ways to
measure and monitor community relations and offer a range of programs and services that will help
Dover residents identify and resolve issues of human relations; anticipating, preparing for, and
relieving community tensions arising from intergroup conflict.(Code 1981, § 2-16; Ord. of
2-11-2002)
Whereas; The Dover Human Relations Commission through open discussion with members of the
community and the knowledge of local events has found that gun possession and illegal gang activity
is at an all-time high.
Whereas; Illegal gangs are a group of individuals consisting of three or more persons whose
demoralizing influence, common interest, attitude and graffiti signs significantly contribute to the
commission of disruptive behavior and criminal enterprises in the City of Dover.
Whereas; the number of illegal gang organizations in Dover and Kent County has increased over the
last few years, cultivating an environment of psychic imprisonment, mistrust and fear among citizens
of Dover.
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2013 MEETINGS SUMMARY PAGE 14
Whereas; Illegal gang culture and activities have played a significant role in student dropout rates,
drug activity and random acts of violence, often leaving innocent bystanders paralyzed and
traumatized for life.
Whereas; Illegal gang graffiti promoting hate, fear and danger has defaced public and private sector
facilities, impeding home and business owner's rights to market or enjoy their property, without
unwelcomed and unauthorized graffiti signs.
Therefore, Be it Resolved; That the Residents of Dover, Delaware, the Mayor, City Council, Dover
Police Department, Delaware Department of Justice and the Dover Human Relations Commission
have observed with dismay the escalation of gang growth and development in our communities and
will merge resources and efforts to intensify the pursuit of eliminating illegal gang formation,
activities, and communication, including the display of graffiti signs in Dover, Delaware.
Be it Further Resolved; that we will accomplish this goal and establish a New Community and
Family Involvement Paradigm for Cessation of Illegal Gang Formation by
1. Cleaning up our streets together, showing resistance to illegal
gang formation and unwelcomed graffiti signs through unity and clear purpose;
2. Increasing individual's awareness and accountability for reporting known illegal gang activity
and \ or formation in your community.
3. Strengthening parent and family involvement in the childrearing and educational process
4. Implementing and supporting additional intervention and summer programs; and
5. Providing additional funding to the Dover Police Department through grant and other
resources to establish additional police stations in areas with high volumes of crime to protect Dover
residents from being a target of bias-motivated violence in the City of Dover.
As the year 2013 continues, the Dover Human Relations Commission looks forward to addressing
unfair treatment claims in an effort to promote and monitor amicable relations between all races in
the City of Dover.
On behalf of the Dover Human Relations Commission, we thank
The Mayor and Dover City Council Members for appointing each and every one of us, to serve the
Dover Community in such an imperative and essential way.
o That will conclude the Dover Human Relations Commission's 2012 Annual Report
Thank You. Are there any Questions???????????
That concluded the Chair's report.
Dr. Hackett commented that the report was very well done.
Chairman Sudler stated that the new Commissioners should express their concerns. He also
mentioned the problem with the turnover of Commissioners.
Dr. Hackett and Commissioner White mentioned that they attended the Mayors Reception and spoke
to the Mayor regarding more support.
Commissioner Wasfi mentioned that we should have a follow through with what was mentioned in
the Annual Report.
Committee Report:
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2013 MEETINGS SUMMARY PAGE 15
School Programs
Commissioner Wasfi - nothing to report at this time.
Community Programs:
Commissioner Dawn Allen-Pyne - nothing to report at this time.
Assessment:
Commissioner Edamatsu - not present to report.
Intake Forms:
Chairman Sudler asked if anyone was interested in fulfilling the Intake Form Chair position.
Commissioner Brewington and Vice Chair Allen-Pyne agreed to oversee this position.
Commissioner White said she will help as needed.
Chairman Sudler appointed Commissioner Brewington and Vice Chair Allen-Pyne fill this position.
Dr. Hackett stated that the problem she sees is where people go in with an intake and the
Commissioners are not aware of it. She believes that we should be made aware and advised
if it was out sourced.
Commissioner Wasfi suggested that we need to inquire about obtaining a mailbox for the
Commission in order to receive incoming intake forms.
CITY CLERK’S OFFICE NOTE: The Clerk’s Office advises the DHRC of all action related to
intake forms.
Unfinished Business:
Formation of an Ad Hoc Committee for Grant Proposal - Chairman Sudler differed this until our
next meeting.
Formation of an Ad Hoc Committee for Resolution Proposal - Chairman Sudler differed this until
our next meeting.
New Business:
Commissioners Wasfi meeting with a Native American Chief - Commissioner Wasfi reported
that November is Native American Heritage Month and she is working on creating a
Resolution. She also reported that the League of Women Voters had a program of Document
of Discovery telling of the problems they face in society. Chief Dennis Coker will work with
the Commission on a Resolution. Commissioner Wasfi stated once we review the Document of
Discovery, we will see their struggles as a minority and as part of the community.
PURPOSE: In accordance with the following sections of the Dover Code:
Sec. 58-31. - Purpose.
(1) Fairness, respect. Promote and develop an environment of fairness and respect among its
citizens; and
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Sec. 58-36. - Powers and duties.
(3) Intergroup cooperation. Promote and encourage communications between and cooperation
of all groups interested in bettering human relations in the city;
(5) Research, education, etc. Engage in such research, education and advocacy as, in the
judgment of the commission or the city council, may be needed to improve human relations
in the city;
Chairman Sudler asked if we can review the last part of his packet labeled "Landlord Tenants
Ordinance". Chairman Sudler stated that the Commissioners need to educate the community
on how they will be affected by this new ordinance.
Chairman Sudler mentioned that we should have a Special Forum.
Commissioner Wasfi said this ordinance was in the paper change and followed by Council.
Chairman Sudler ask for a motion to accept a Special Forum to go over Landlord Tenant
Ordinance
Commissioner White motioned
Commissioner Wasfi second
It was agreed up that on Wednesday, June 5, 2013 at 7pm this Special Forum will take place.
Chairman Sudler advised that Dover Chief of Police and Ann Marie Townsend said they will
attend such a forum to go over the new ordinances. This will be advertised in the newspaper
and Commissioner White will get the information for the press release from the Dover Post.
PURPOSE: In accordance with the following sections of the Dover Code:
Sec. 58-31. - Purpose.
(2) Monitoring. Develop ways to measure and monitor community relations, particularly those
that are sources of intergroup conflict;
(3) Intergroup relations. Involve all segments of the community in understanding and
appreciating the benefits of positive intergroup relations; and
Sec. 58-36. - Powers and duties.
The powers and duties of the human relations commission shall be to:
(3) Intergroup cooperation. Promote and encourage communications between and cooperation
of all groups interested in bettering human relations in the city;
(5) Research, education, etc. Engage in such research, education and advocacy as, in the
judgment of the commission or the city council, may be needed to improve human relations
in the city;
CITY CLERK’S OFFICE NOTE: The Clerk’s Office assisted Chairman Sudler with scheduling
a special meeting for June 13, 2013. Although copies of the agenda were provided for
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2013 MEETINGS SUMMARY PAGE 17
distribution, a flyer prepared by Mr. Sudler was also distributed. The flyer indicated the wrong
date for the meeting which created confusion for members as well as the community.
DHRC Community Meetings: Dr. Hackett was appointed by Chairman Sudler to oversee this task.
Chairman Sudler reported that Bible Way has agreed to allow the Commission to meet in their
basement for Community Meetings.
Commissioner White said Village II will also make their facility available.
Dr. Hackett said Calvary will let us use their facility.
Dr. Hackett stated that she will shoot for Sunday, June 23rd for the Commissions first visitation.
Scheduling of the Next Regular Meeting: May 22, 2013 @ 7pm at Dover City Hall
Announcements:
Commissioner Wasfi announced that the YMCA will be sponsoring a Race Relations Forum this
Saturday in Newark. She advised that she will email the announcement to the Commissioners.
Commissioner Wasfi also announced that April 26, 2013 is International Seed Day.
Chairman Sudler announced that the Department of Justice plans on having a document shredding
event on Saturday, May 4, 2013 from 9am to 1pm in DelDOT' S Administration Building parking
lot.
Adjournment:
Commissioner Sudler asked for motion to adjourn the meeting
Commissioner Wasfi made motion for the meeting to be adjourned
Vice Chair, Dawn Allen-Pyne second.
Motion carried.
Meeting adjourned at 9:10pm
CITY CLERK’S OFFICE NOTE: The agenda stipulated an adjournment time of 9:00 p.m.
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COMMITTEES WHICH MEET AS NEEDED
Awards committee. The awards committee shall consist of three members, to be appointed by the
mayor upon receipt of a nomination for a CDM and shall serve for deliberation of the nomination
for which they were appointed. The mayor shall designate a member to serve as chairperson, who
shall be responsible for organizing and calling the meetings of the awards committee. The awards
committee shall make recommendations to the city council for awards of the CDM. No city
employee, retired employee, volunteer firefighter, or appointed or elected official shall be eligible
to serve on the awards committee. The awards committee shall serve without compensation.
Election Board. There is hereby created an election board which shall be a non-elected body to
oversee the municipal elections, as well as to serve as an advisory board to Council on such
matters as voter registration, municipal elections, election rules and regulations, and polling
locations for City elections. The board shall be composed of five members, serving three-year
terms, to be appointed by the Mayor and confirmed by council at the Annual Meeting, or as
necessary to fill vacancies as they occur. One member shall be appointed from each district into
which the city has been divided for election purposes, and one member shall be appointed on an
at-large basis. The City Clerk shall serve as a liaison member of the board. Upon expiration of the
term of appointment, a member shall serve until his/her successor has been duly appointed. If a
vacancy occurs during the term of any member of the election board, a person residing in the same
numbered district shall be appointed to fill the remainder of said term. Members serve without
salary, but shall be paid a per diem allowance as specified by City ordinances.
Ethics Commission. Established; composition; removal. The city ethics commission is hereby
established to administer and implement this chapter. The ethics commission shall consist of five
members appointed by the mayor and confirmed by the city council. No member of the commission
shall hold any elected or appointed office under the government of the United States or the state,
county, or city. Members of the ethics commission may be removed by the mayor, with the
concurrence of the city council, for substantial neglect of duty, gross misconduct in office or a
violation of this chapter.
The powers and duties of the ethics commission shall be:
(1) Rules of conduct. To recommend to the mayor and council, from time to time, such rules of
conduct for public employees and officials as it shall deem appropriate.
(2) Advisory opinions. To issue written advisory opinions, upon the request of any city employee
or official, as to the applicability of this chapter to any particular factual situation.
(3) Referrals to solicitor. To refer to the city solicitor for investigation any alleged violation of
this chapter and, after notice and hearing, to recommend such disciplinary action as it may
deem appropriate to such appropriate official or agency as the ethics commission shall
determine, or to take such other disciplinary action as authorized by section 30-73(d) or other
provisions of the city Charter or this Code. The ethics commission may dismiss, without
reference to the city solicitor, any complaint which the ethics commission determines is
frivolous or fails to state a violation.
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(4) Report of crimes. To report to the appropriate federal, state or city authorities any substantial
evidence of a violation of any criminal law which may come to its attention in connection
with any proceeding, whether advisory or disciplinary.
(5) Records. To maintain a file of its proceedings, waiver decisions and advisory opinions with
a view toward achieving consistency of opinions and recommendations subject to the
confidentiality requirements of sections 30-35(d) and 30-73(h).
(6) Procedures. To follow the procedural rules specified in section 30-73 and to establish such
other procedural rules as shall be consistent with the rules prescribed therein.
(7) Witnesses, evidence. To subpoena witnesses, compel their attendance and testimony,
administer oaths and affirmations, take evidence and require, by subpoena, the production
of books, papers, records or other evidence needed for the performance of the ethics
commission's duties or exercise of its powers.
(8) Assistance to city personnel. To provide assistance to any city employee, official or agency
in administering the provisions of this chapter.
(9) Provide information. To prepare any necessary reports and studies to advance the purpose
of this chapter, to provide any necessary materials explaining the duties of individuals
covered by this chapter, and to supply instructions and public information materials to
facilitate compliance with, and enforcement of, this chapter.
(10) Request city agencies for assistance. To request appropriate city agencies to provide such
professional assistance as it may require in the discharge of its duties.
Sec. 30-73. - Complaints; hearings; dispositions.
(a) Investigation of violations. Upon the sworn complaint of any person or on its own initiative,
the ethics commission may refer to the city solicitor for investigation, any alleged violation
of the conflict of interest provisions and of the code of conduct provisions in sections 30-33
and 30-34, respectively. The city solicitor shall be the prosecuting attorney in all disciplinary
proceedings before the ethics commission. In any such investigation or proceeding, a
defendant shall be given an opportunity to be heard after notice, to be advised and assisted
by legal counsel, to produce witnesses and offer evidence, and to cross examine witnesses.
A transcript of any such proceeding shall be made and retained, subject to the confidentiality
requirements of this chapter.
(b) Omitted
(c) Omitted
(d) Actions by ethics commission. With respect to any violation with which a person has been
charged and which the ethics commission has determined as proved, the ethics commission
may take any one or more of the following actions:
(1) Reprimand. Issue a written reprimand or censure of that person's conduct.
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Committees which Meet as Needed Page 3
(2) Discipline. With respect to a city employee, remove, suspend, demote or take other
appropriate disciplinary action with respect to that person, without regard to any
limits imposed by this chapter, but within the limits of the constitution, the laws of
the state, the Charter of the city, and ordinances and existing collective bargaining
agreements.
(3) Recommend removal. With respect to an appointed official, recommend that
appropriate action be taken to remove the official from the appointed position.
(4) Recommend fine. With respect to an elected city official, recommend that such
official be fined in an amount recommended by the ethics commission.
(e) Rights of person charged. In any proceeding before the ethics commission, upon the request
of any person charged with a violation of this chapter, such person shall be permitted to
inspect, copy or photograph books, papers, documents, photographs or other tangible objects
which will be used as evidence against that person in a disciplinary hearing and which are
material to the preparation of his defense.
(f) Exculpatory information. In any proceeding before the ethics commission, if the city solicitor
or ethics commission at any time receives any exculpatory information concerning an alleged
violation against any person, it shall forthwith make such information available to such
person.
(g) Subpoenas. Any person charged with a violation of this chapter may apply to the ethics
commission for the issuance of subpoenas for the appearance of witnesses and for the
production of documents on his behalf. The application shall be granted upon a concise
showing by such person that the proposed testimony or evidence is relevant (or is reasonably
calculated to lead to the discovery of relevant evidence) and is not otherwise available. The
application shall be denied if not made at a reasonable time or if the testimony or evidence
would be merely cumulative.
(h) Confidentiality of proceedings.
(1) City employee. All proceedings before the ethics commission relating to a violation
of this chapter by a city employee shall be maintained confidential by the ethics
commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has
occurred.
(2) City official. All proceedings before the ethics commission relating to a violation of
this chapter by a city official, appointed or elected, shall be maintained confidential
by the ethics commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
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Committees which Meet as Needed Page 4
b. The ethics commission determines after a hearing that a violation has
occurred.
(3) Appeals; public inspection. Notwithstanding the confidentiality requirements of
subsections (h)(1) and (2) of this section, the ethics commission shall make available
for public inspection the record of all proceedings relating to any decision of the
ethics commission which is appealed to the superior court and the ethics commission
shall report to appropriate federal, state and/or city authorities any substantial
evidence of a violation of any criminal law which comes to its attention in connection
with any proceeding under this chapter.
(4) Confidentiality procedures. The chairperson of the ethics commission shall, with the
approval of the ethics commission, establish such procedures as, in the chairperson's
judgment, may be necessary to prevent the disclosure of any record of any
proceedings or other information received by the ethics commission, except as
permitted by this chapter.
Sec. 30-74. - Judicial review.
In the event that the ethics commission finds that any person has violated any provision of this
chapter, said person shall have a right of appeal to the superior court of any such finding, and of any
sanctions imposed with respect thereto, by filing a notice of appeal with the superior court within
30 days of the final action by the ethics commission in a particular case. The appeal shall be on the
record without a trial de novo. If the court determines that the record is insufficient for its review,
it shall remand the case to the ethics commission for further proceedings on the record. The court's
review, in the absence of actual fraud, shall be limited to a determination of whether the ethics
commission's decision was supported by substantial evidence on the record. The burden of proof in
any such appeal shall be on the appellant.
Property Maintenance Code Board of Appeals. There shall be a board to be referred to as the
"property maintenance code board of appeals," consisting of three members, one of whom shall be
the city manager, one a resident generally selected as a representative of homeowners, and one
representative of the local real estate industry association. The members shall be appointed by the
mayor, subject to confirmation of a voting majority of the city council at its annual meeting.
Decisions of the board shall be final.
/tm
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DOVER HUMAN RELATIONS COMMISSION
MEMBERSHIP SUMMARY AND LIST OF RESIGNATIONS 2010-2013
Current Membership Names and Term Expiration, as of June 17, 2013
Mayor Appointments:
Roy Sudler, Jr., Chairman (2/14)
Justina Brewington (2/13)
Linda D. Hackett (2/15)
Richard Senato (2/15) VACANCY
G. Thomas Steele (2/12) VACANCY
Council President Appointments:
Dawn Allen-Pyne (2/14)
Anlee Baccio-Walker (2/14)
Dr. Phyllis Edamatsu (2/13)
Ellen O. Wasfi (2/12)
Faye White (2/13)
Willie Jones (2/13) VACANCY
Catherine M. Gregory (2/10) VACANCY
Reverend Charles Lee MacCallum (2/13) VACANCY
A. Aaron Yatskevich (2/15) VACANCY
Kim Warfield (2/13) VACANCY
DHRC Resignations 2010-2013
2010
Katrina Brumble, August 2007 - February 2010
Brian Lewis, October 2008 - February 2010
Catherine Gregory, January 2009 - February 2010
Mark Monroe, October 2008 - September 2010
Ivan Finney, October 2006 - October 2010
2011
Charles Lee MacCallum, October 2010 - May 2011
Catherine Gregory, July 2010 - August 2011
Maisha Britt, July 2010 - October 2011
2012
A. Aaron Yatskevich, November 2011 - February 2012
Willie Jones, July 2010 - March 2012
Richard Senato, January 2012 - September 2012
2013
Kim Warfield, November 2011 - February 2013
/dd
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DOVER HUMAN RELATIONS COMMISSION
INTAKE FORM LOG
2010 - PRESENT
DATE FILED BY/ SUBJECT MATTER LEGAL OPINION CLERK’S OFFICE ACTION CONTACT
RECEIVED CONTACT PERSON
by Clerk’s PERSON NOTIFIED
Office
01/01/2010 Maurice Parker Allegation of discrimination by Case is a private matter between Notified Mr. Parker that this 10/20/2010
Delaware State University - Mr. Parker and Delaware State matter was not within the
employment termination University jurisdiction of the DHRC
04/01/2010 Peter Andile Complaint against City of Dover Strongly advised that the Notified Mr. Ntozake that the 08/26/2010
Ntozake Inspections Officer / appeal of Commission not discuss this proper venue to appeal property 10/25/2010
property maintenance code matter. maintenance code violations is
violations through the City of Dover
Property Maintenance Code Board
of Appeals
12/30/2010 Marsha Allegation of discrimination - Case is a private matter between Notified Ms. Misenheimer that 01/18/2011
Misenheimer employment termination Ms. Misenheimer and Carmike this matter was not within the
Cinema jurisdiction of the DHRC
05/10/2011 Nina Shahin Allegation of discrimination based Not within DHRC jurisdiction Notified Ms. Shahin that this 05/12/2011
on race and national origin of the matter was not within the
City’s Board of Assessments in its jurisdiction of the DHRC
2009 assessments of real estate
properties located on Shinnecock
Road in Fox Hall West
01/03/2012 Joe Burden, Jr. Request for investigation in the Not within DHRC jurisdiction; Documents attached to intake 01/27/2012
downtown area and suggestion for should not discuss form were part of an ongoing
a forum on racial/cultural police investigation and forwarded
awareness and sensitivity to to the Dover PD Criminal
highlight and discuss racial issues Investigations Unit. Referred
in the Dover area... Mr. Burden to contact the PD.
DHRC members considered his
suggestions regarding a forum
during their meeting of
02/22/2012
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DHRC - INTAKE FORM LOG - 2010-PRESENT Page 2
DATE FILED BY/ SUBJECT MATTER LEGAL OPINION CLERK’S OFFICE ACTION CONTACT
RECEIVED CONTACT PERSON
by Clerk’s PERSON NOTIFIED
Office
01/03/2012 William Copeland CONFIDENTIAL Not within DHRC jurisdiction; Intake form was forwarded to 01/27/2012
should not discuss Lt. Benton Counselman, Internal Confidential
Affairs, Dover PD. Mr. Copeland Correspondence
was provided Lt. Counselman’s
information.
09/27/2012 Henery Fordham; Allegations of attempted murder. Not within DHRC jurisdiction; Mr. Sudler and Dr. Warfield were
Lida Darling; and should not discuss. Suggested that provided Mr. Rodriguez’ legal
Anna Watson the complainant be directed to opinion on 10/03/2013.
speak with the DSHRC or the
Attorney General’s Office.
06/03/2013 Joybeth I. Guy Alleging unfair housing practices Not within DHRC jurisdiction; (07/02/13) As recommended by 07/02/2013
against the Dover Housing should not discuss the DSHA, City Clerk forwarded
Authority and Colonial to DSHRC, DDJCPU, and HUD
Investment Public Housing
Program (06/10/13) Forwarded to Delaware 06/10/2013
State Housing Authority Director;
Council on Housing
/dd
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