Page 1
CITY OF DOVER, DELAWARE
COUNCIL COMMITTEE OF THE WHOLE MEETING
Tuesday, October 26, 2021 at 6:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
Public comments are welcomed on any item and will be permitted at the appropriate time. When possible,
please notify the City Clerk (736-7008 or email at cityclerk@dover.de.us) should you wish to be
recognized.
VIRTUAL MEETING NOTICE
This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public
participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/zllddn
Event number: 2340 917 8915
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER
UTILITY COMMITTEE
ADOPTION OF THE AGENDA
ACTIONABLE ITEMS
1. Evaluation of Proposals - Turnberry Pump Station Upgrade Engineering Design Support
(Jason Lyon, Water and Wastewater Director)
(Staff recommendation: Award contract to Century Engineering for the Turnberry Pump
Station Upgrade Engineering Design, RFP #22-0005WW, for the amount of $20,592.)
2. Annexation Request - Right-Of-Way at Raymond Street, Grove Street, and Railroad
Avenue (Dawn Melson-Williams, Principal Planner/Dave Hugg, Planning and Community
Development Director)
ADJOURNMENT OF THE UTILITY COMMITTEE
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COUNCIL COMMITTEE OF THE WHOLE MEETING - October 26, 2021 PAGE 2
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
ADOPTION OF THE AGENDA (ACTIONABLE AND INFORMATIONAL ITEMS)
ACTIONABLE ITEMS
3. Evaluation of Bids - Award of Circuit Breakers for Garrison Oak Technical and Business
Park Substation (Paul Waddell, Electric Director)
(Staff recommendation: Awarding #22-0007EL to Southern States via Anixter as they
were the only bidder to offer Siemen's breakers.)
4. Evaluation of Bids - Award of Circuit Switcher for Garrison Oak Technical and Business
Park Substation (Paul Waddell, Electric Director)
(Staff recommendation: Awarding #22-0006EL to Southern States via Anixter as they
were the only bidder.)
5. Approving Proposal of Advantech for Weyandt Hall Security Upgrade (Kay Sass, Public
Affairs and Emergency Management Coordinator)
(Staff recommendation: Authorize City Manager to accept the reimbursement grant for all
costs associated with the purchase and installation of the video surveillance and access
control expansion. Authorize the sole source designation for Advantech.)
6. Weyandt Hall Building Security Modifications (Kay Sass, Public Affairs and Emergency
Management Coordinator)
(Staff recommendation: Authorize City Manager to accept the reimbursement grant for all
costs associated modifications of security enhancements in Weyandt Hall and proceed with
the project.)
7. City Emergency Operations Plan Update and Inclusion of Cybersecurity (Kay Sass,
Public Affairs and Emergency Management Coordinator)
(Staff recommendation: Authorize staff to accept the reimbursement and execute a contract
to rewrite the Emergency Operations Plan with the addition of including Cyber Security.)
8. American Rescue Plan Act (ARPA) Administration Proposal (Tracey Harvey, CDBG
Program Administrator)
(Staff recommendation: Approval of the proposal as submitted.)
9. Fiscal Year 2021B Street and Alley Program - Additional Work (Sharon Duca, Public
Works Director)
(Staff recommendation: Award the additional work of regrading and repaving the American
Legion, Walter L. Fox Post #2 parking lot to Grassbuster's Landscaping Company, Inc. for
the City of Dover FY 2021B Street and Alley Program in the amount of $201,284.00 for a
total project cost of $582,367.00.)
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COUNCIL COMMITTEE OF THE WHOLE MEETING - October 26, 2021 PAGE 3
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE CONTINUED
ACTIONABLE ITEMS CONTINUED
10. Kent County Levy Court Grant (Thomas Johnson, Police Chief)
(Staff recommendation: Approve the new grant program and the intended purchases.)
11. Proposed Ordinance #2021-24 - Project Carry-Forward Budget Balances/Proposed
Budget Amendments (Lori Peddicord, Controller/Treasurer)
(Staff recommendation: Approval of the proposed Budget Amendments totaling
$9,773,800 for Fiscal Year 2022 and adoption of Ordinance #2021-24.)
12. Proposed Amendments to Personnel Policy (Employee Handbook) (Matt Harline, Interim
City Manager)
(Staff recommendation: Review, discuss and approve the recommended Personnel Policy.)
RECESS OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
ADOPTION OF THE AGENDA (ACTIONABLE AND INFORMATIONAL ITEMS)
ACTIONABLE ITEMS
13. Proposed Ordinance #2021-26 - Creating a New Chapter 28 - Dawdling and Amending
Chapter 62 - Law Enforcement, Article II - Police Department, Section 62-38 - Police
Cadet Program and Chapter 74 - Parks and Recreation, Article I - In General, Section
74-11 - Loitering (Councilman David Anderson and Councilman Ralph Taylor, Jr.)
14. Request to Lower Speed Limit on North State Street into North Governors Boulevard and
North Governors Avenue (Mayor Robin Christiansen)
(Recommendation: Staff and State to evaluate the use of strict speed limit enforcement and
the reduction of speed limit without prohibiting the flow of traffic.)
RECESS OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
INFORMATIONAL ITEMS
15. Presentation - Downtown Dover Partnership Update on the Comprehensive Downtown
Dover Parking Plan (Diane Laird, Executive Director, DDP)
ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE
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COUNCIL COMMITTEE OF THE WHOLE MEETING - October 26, 2021 PAGE 4
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
INFORMATIONAL ITEMS
16. Update on COVID-19 Vaccine (Dr. Kandis Samuels, MD, Bayhealth Family Medicine and
Rev. Rita Paige, President of the Interdenominational Ministerial Alliance of Dover (IMA))
ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
•
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D Item 1.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Utility)
DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: October 15, 2021
PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater
REVIEWED BY: Matthew C. Harline, Interim City Manager and Lori Peddicord, Controller/Treasurer
SUBJECT: Evaluation of Proposals – Turnberry Pump Station Upgrade Engineering Design
Support
TIMETABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project
anticipated to be completed in one hundred and twenty (120) calendar days.
RELATED PROJECT: X
EXHIBIT: Exhibit A – Turnberry Pump Station Map
REFERENCE: X
EXPENDITURE REQUIRED: $20,592
AMOUNT BUDGETED: $43,000
FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Water & Wastewater-
Wastewater Management, CIP Project
#WW2203, CIP Project Name: Turnberry Pump
Station Replacement Account No.: 403-41-69-
99-000-54031.
STAFF RECOMMENDATION:
Award contract to Century Engineering for the Turnberry Pump Station Upgrade Engineering Design,
RFP #22-0005WW, for the amount of $20,592.
BACKGROUND AND ANALYSIS:
This capital investments project includes the design of a pump station upgrade project of the Turnberry Pump
Station. This pump station was installed in 1989, in order to handle development in the area, as well as designing
a new wet well. The station has exceeded its life expectancy of 20-25 years and is in need of a capacity upgrade to
handle anticipated growth in the basin.
The pump station is currently located on the south side of Turnberry Drive, within the Turnberry development.
This upgrade will improve the City’s wastewater system by increasing the efficiency of the pump station.
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The proposal was advertised to the public as a Request for Proposals in accordance with the City’s purchasing
D Item 1.
policy by the City’s Purchasing Agent under RFP #22-0005WW. Proposals were opened on September 16, 2021.
The City of Dover received six (6) proposals. Each proposal was rated in six (6) categories and evaluated by three
(3) staff members. The proposal evaluations are as follows:
AVERAGE
CONTRACTOR LOCATION TOTAL COST
EVALUATED SCORE
CENTURY ENGINEERING DOVER, DE 91 $20,592.00
REMINGTON & VERNICK ENG. NEWARK, DE 83 $26,151.75
DAVIS, BOWEN & FRIEDEL MILFORD, DE 71 $35,250.00
DUFFIELD ASSOCIATES DOVER, DE 63 $45,105.00*
WHITMAN, REQUARDT & ASSOC. WILMINGTON, DE 58 $93,188.00
ELA GROUP, INC. LITITZ, PA 56 $42,200.00
* - Duffield Associates claimed local vendor preference which provided a 3% reduction on their evaluation score.
City staff reviewed the submissions and found that the Century Engineering proposal met all requirements for the
qualifications of the project and received the highest average score from the evaluators. The staff recommends
awarding the contract to Century Engineering in the amount of $20,592.00 for the Turnberry Pump Station Upgrade
Engineering Design.
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Exhibit "A" D Item 1.
Turnberry Pump Station
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Date Printed: October 13, 2021
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Department: Public Works GIS Dover Parcels 7
City of Dover, Delaware
Page 8
D
Item 2.
PETITION TO ANNEX AND REZONE PROPERTY
Before the Dover City Council of the Whole – Utility Committee
October 26, 2021
File Number: AX-21-04
Ordinance Number: 2021-23
Area Location: Right-of-way located northeast of the intersection of College
Road and the Lands of Delmarva Railroad (Railroad Corridor).
Tax Parcel ID #: In the vicinity of parcels ED-05-067.00-02-53.00-000 and
ED-05-067.00-02-56.00-000
Area Size: Right of Way Areas
Area 1: Raymond Street (aka Jason Street) 0.6447 acres
Area 2: Railroad Avenue 0.8737 acres
Area 3: Grove Street 0.1607 acres
TOTAL: 1.6791 acres +/-
2019 Comprehensive Category 1: High Priority Annexation Areas (Enclave)
Plan Designation:
Present Use: Improved and Unimproved Right-of-Way
Proposed Use: Improved and Unimproved Right-of-Way
Additional Details: The area in question was plotted in 1899 and can be seen on a
plan titled “The College Settlement Company” (Exhibit
attached). Over the years parcels and right-of-way have been
annexed into the City of Dover. With some of the annexations it
is unclear whether the right-of-way was brought into the City at
the same time. Staff is continuing to research the prior
annexations from 1973-2006 adjoining these rights-of-way and
have found that some of the descriptions of the areas annexed
include the right-of-way and some do not.
This application is meant to clarify that the remaining right-of-
way of Raymond Street, Railroad Avenue, and Grove Street are
brought into the City to reduce an enclave and to ensure the
proper right-of way is established for future development of
parcels that have already been annexed into the City.
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Utility Availability: Electric: All surrounding parcels are currently in the Electric
D
Item 2.
Service Area.
Water and Sanitary Sewer: The above referenced rights-of-way
currently have some water and sanitary sewer already installed.
To have the City of Dover accept this annexation, the water and
sanitary sewer infrastructure must be brought up to current City
standards, as indicated in the Water/Wastewater Handbook.
This includes, but is not limited to, the size, material, and slope
of infrastructure, as well as a video recording of the sanitary
sewer to verify satisfactory condition. The upgrades will be
required to be paid by the developer. It is recommended that
other utilities (telecommunication, gas) be notified of this
annexation in order to upgrade their utilities, if necessary. All
utility upgrades shall be completed prior to the final street
widening and/or improvements.
Staff Recommendation: It is the Staff’s recommendation that the right-of-way known as
Raymond Street (aka Jason Street), Grove Street, and Railroad
Avenue be annexed into the City to close an enclave and “clean
up” the City boundary by including areas of right-of-way that
were intended to be included in the City upon the previous
annexations of neighboring properties. Furthermore, certain
utilities are already available in this area under some of the
right-of-way described and can be brought up to current
standards with any further development of the area.
Attachments: Annexation Exhibit, Plat from 1899 “The College Settlement Company”
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City of Dover Annexation Exhibit Item 2.
Application No.: AX-21-04
Department of Planning & Inspections
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Area Area Description Width Area Size (Ac.) Area Size (SF)
Right-of-way segment of Raymond Street (aka Jason
Area 1 Street) from Mishoe Street to Railroad Avenue at the 35 ft. 0.6447 28,084
railroad corridor.
Right-of-way segment of Railroad Avenue from Raymond
Area 2 Dr
Street and extending north approximately 1090.24 feet 35 ft. 0.8737 38,057
parallel to the railroad corridor.
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Area 3 Street and extending north approximately 200 feet to 35 ft. 0.1607 7,000
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previously abandoned portion of Grove Street.
Tile: Annexation Clarification
Ordinance #: 2021-23
Location: North of College Road and East of the Railroad Tracks
Parcel ID: In the vicinity of ED-05-067.00-02-53.00-000
ED-05-067.00-02-56.00-000
Existing Use: Improved and Unimproved Legend
Right-of-Way --+--+- Delaware_Railroad Subject Property
Proposed Use: Improved Right-of-Way
Date: 09/30/2021 Building Footprints D Area 1
0 180 360 720 Feet
« Dover Parcels
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Page 11
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D 11
Page 12
COMMITTEE ACTION FORM
D Item 3.
PROCEEDING: Council Committee of the Whole - Legislative, Finance and Administrative Committee
DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: September 28, 2021
PREPARED BY: Paul Waddell, Electric Director
SUBJECT: Evaluation of Bids – Award of Circuit Breakers for Garrison Oak Technical and Business Park Substation
REFERENCE: N/A
RELATED PROJECT: EE2215
REVIEWED BY: Matthew Harline, Interim City Manager and Lori Peddicord, Controller/Treasurer
EXHIBITS: Exhibit A – Bid Tabulations for RFP 22-0007EL
EXPENDITURE REQUIRED: $248,700 AMOUNT BUDGETED: $7,000,000
FUNDING SOURCE (Dept./Page in CIP & Budget): Electric/163 Acct # 411-42-26-99-000-57060
TIMETABLE: Award upon Council Approval
RECOMMENDED ACTION: Staff recommends awarding #22-0007EL to Southern States via Anixter as they were the
only bidder to offer Siemen’s breakers.
BACKGROUND AND ANALYSIS
This Committee Action Form (CAF) is written to gain approval for the purchase of six (6) SF6 Circuit Breakers to be
installed at the new Garrison Oak Technology & Business Park (GOTBP) Substation. This substation is vital to the
development of the GOTBP and therefore $7,000,000 was budgeted in FY2021-22. The Request for Proposal was
published and advertised per the City Purchasing Policy by the Procurement Manager, posted on the City website, and
sent directly out to four (4) vendors the City knew could provide the material.
There were two responses to this RFP, one from Anixter and one from Irby. After internal review it was deemed that
Anixter’s submission met the specifications drafted by Aubrey Silvey in partnership with City of Dover Electric
personnel. Irby was the lower bidder by approximately $9,000 after local vendor preference applied to Anixter’s
submission but they quoted GE products and we specified Siemen’s products in the addendum. In its current
configuration, the transmission system is comprised of 45 breakers and 63% of them (28) are Siemens products. There
are currently 28 Siemens 69 kV, 15 ABB and 2 Areva breakers in our system. Additionally, the Siemens offering comes
with a 5-year warranty, four years longer than the other offering.
These pieces of equipment will be used to provide protection to the station by allowing the use of a 69 kV ring bus that
will be installed at the new substation at GOTBP. It is also one of several items that will be brought forward as part of
the material purchase for the large ticket items for GOTBP substation. Council approval is required as staff is not
recommending the lowest bid and because the purchase price is over $200,000.
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Page 13
Exhibit A
City of Dover
Intent to Bid Tabulation
D Item 3.
ITB Number: 22-0007EL ITB Due Date: September 15, 2021 @ 2:30 PM
ITB Title: Garrison Oak Technical Park Substation SF6 Breakers
Vendor Name Lump Sum Bid
$244,638.00
Anixter Minus 3%=
$237,298.86
Irby $228,600.00
1
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COMMITTEE ACTION FORM
D Item 4.
PROCEEDING: Council Committee of the Whole - Legislative, Finance and Administrative Committee
DEPARTMENT OF ORIGIN: Electric Department DATE SUBMITTED: September 28, 2021
PREPARED BY: Paul Waddell, Electric Director
SUBJECT: Evaluation of Bids – Award of Circuit Switcher for Garrison Oak Technical and Business Park Substation
REFERENCE: N/A
RELATED PROJECT: EE2215
REVIEWED BY: Matthew Harline, Interim City Manager and Lori Peddicord, Controller/Treasurer
EXHIBITS: Exhibit A – Bid Tabulations for RFP 22-0006EL
EXPENDITURE REQUIRED: $46,500 AMOUNT BUDGETED: $7,000,000
FUNDING SOURCE (Dept./Page in CIP & Budget): Electric/163 Acct # 411-42-26-99-000-57060
TIMETABLE: Award upon Council Approval
RECOMMENDED ACTION: Staff recommends awarding #22-0006EL to Southern States via Anixter as they were the
only bidder.
BACKGROUND AND ANALYSIS
This Committee Action Form (CAF) is submitted to gain approval for the purchase of a Circuit Switcher to be installed at
the new GOTBP. The Request for Proposal was published and advertised per the City Purchasing Policy by the
Procurement Manager, posted on the City website, and sent directly out to four (4) vendors the City knew could provide
the material. There was only one response and that was from Anixter. After internal review it was deemed that their
submission met the specifications drafted by Aubrey Silvey in partnership with City of Dover Electric personnel and that
a reissue of the RFP would not be beneficial. Council approval is necessary as there is only one bid for this item.
This piece of equipment will be used to provide protection to the load side of the transformer that will be placed at the
new substation at GOTBP. It is also one of several items that will be brought forward as part of the material purchase for
the large ticket items for GOTBP substation.
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Exhibit A
City of Dover
Intent to Bid Tabulation
D Item 4.
ITB Number: 22-0006EL ITB Due Date: September 15, 2021 @ 2:00 PM
ITB Title: Garrison Oak Technical Park Substation Circuit Switcher
Vendor Name Lump Sum Bid
Anixter $46,403.98
1
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Page 16
ACTION FORM D Item 5.
PROCEEDING: Legislative, Finance & Administration Committee
DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 10/14/2021
PREPARED BY: Kay Sass, Public Affairs/Emergency Management Coordinator
SUBJECT: Approving Proposal of Advantech for Weyandt Hall Security Upgrade
REFERENCE:
RELATED PROJECT: Proposal of Advantech for Weyandt Hall Security Upgrade
APPROVALS: Matt Harline, Interim City Manager, Lori Peddicord, Treasurer/Controller
EXHIBITS: Exhibit A – Delaware Emergency Management Agency Subgrant Application; Exhibit B – Delaware Emergency
Management Award Letter
EXPENDITURE REQUIRED: $39,615.00 AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget): Dept. Of Homeland Security reimbursed 100% through DEMA
TIME TIMETABLE: Complete by end of February 2022
RECOMMENDED ACTION: Authorize City Manager to accept the reimbursement grant for all costs associated with the purchase
and installation of the video surveillance and access control expansion. Authorize the sole source designation for Advantech.
BACKGROUND AND ANALYSIS
The City of Dover has requested funding for additional video surveillance and access control expansion at Weyandt Hall. This has
been an ongoing installation and upgrade and is the final installation of the project. Years ago, some access control, and interior
cameras, network cabling and recording equipment were installed. More recently in the FY20 budget funds were allocated for
improvements to Weyandt Hall that included elevator repairs and access controls. This project is the third phase of the planned
upgrades and completes the security surveillance upgrades.
The funding for this project is provided by a grant received by Department of Homeland Security and 100% of the project costs will
be reimbursed to the City of Dover upon application for reimbursement with no matching funds required.
This phase of the project includes adding external cameras to the building. HD Networking Video Management System integrating the
Milestone Network Recorder (NVR), replacing the maintenance recorder and fully integrating the system as the recorder for all 3
separate facilities; Maintenance (William Street), Weyandt Hall and City Hall. Expand the ProWatch Access Control system for
access control with the addition of nine doors for access control. (Includes card readers, strikes, door contact and request to exit
motion detector) and a door release button in the Human Resources Office to allow entry.
We are seeking authorization to allow sole source designation for Advantech for this grant, as all the existing security cameras and
access controls in Weyandt Hall are currently Advantech products.
•
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Page 17
Exhibit A
D
Item 5.
Delaware Emergency Management Agency
Subgrant Application
Funds under this application are not auth01ized until final approval from the DEMA Director. An award Jetter
will be provided to signify actual staii dates for subgrant use and official approval of funding. Any use of
.
funds prior to final approval will be ineligible for reimbursement from DEMA.
A2ency ::._. ~, '
Information
I
.I ;;:} · ·.f-~ "<.; '.JC]
Name: City of Dover DUNS#:077093664
.
Address: 15 Loockerrnan Plaza
• I City: Dover State: DE
!a ,I
. I Zip: 19901
Pro.i_::i
ect , :.
Information
_J -
Project Title: Weyandt Hall Security Improvements
Duration From: Duration To: 1/31/2023
Is the requesting A .
agency a state entity? Yes: D No:�
Receipt of sub grant award letter; update of quotes and
estimates; project initiation; project completion; .
project
Desc1iption and Milestones: closeout. 2 projects included in overall grant.
Improvements are required in the customer service center at
Weyandt Hall, for the City of Dover to offer security to City
Project Justification: personnel, while maintaining the ability to serve the public.
Subrecipient
- ' Information
;,. rl-_ ::"'-=-n
Agency Authorizing
l Official: Kay II
Sass Title: Emergency Management Coordinator
Phone: 302-736-7003 .
Email: .
ksass�dover.de.us
- e
Project Manager: Kay Sass
>
~
Title: Emergency . .
Management Coordinator
Phone: 302-736-7003 Email: ksass@dover.de.us
Manager
• Print: Kay Sass
•
Authorizing Official Signature: l
, -
DEMA
·l•. • Use 1
Only
Project Number: FY20-016 CFDA Number: 97.067
"
Fiscal Year: FY20 Grant Program: HSGP
.
Investment Number:
. 8 BID Number: 4303
AEL: 14EX-00-BSIR Approved Funds: - $72,094.00
Planner Signature:
Supervisor Signature:
Director Signature:
State of Delaware, Departtnent of Safety and Homeland Security 'l
165 Brick Store Landing Road
Smyrna DB. 19977
(302) 659 ..DEMA I (877) SAY-DEMA
Fax: (302} 659-6855 17
htlp. dema,ddaware.go\
Page 18
Exhibit B
D Item 5.
A subaward is hereby made for the following, under the Homeland Security Grant Program, inaccordance
with the plan set forth in the subrecipient’ s application for funding and subject to the general conditions,
special conditions and deliverables that follow.
Subrecipient: City of Dover
I Date of Award:
Project Title: Weyandt Hall – Security Improvements (2 projects)
Start Date: End Date: 1/21/23
Subaward Number: FY20-016 CFDA#: 97.067
Federal Funding Awarded Project Cost: $72,094.00
DEMA Point of Contact: Christine Beste, Christine.beste@delaware.gov
This award is subject to all applicable rules, regulations and conditions as prescribed by theFY2020
Homeland Security Grant Program (HSGP). It is also subject to such further rules,regulations and policies
as may be reasonably prescribed by the State of Delaware and theUnited States Department of Homeland
Security. Sub recipients receiving federal financialassistance awards must ensure that federal funds do not
replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
This subaward shall become effective on the beginning date of the subaward period, provided that within
thirty (30) days of the award execution date (below), the properly executed original of the “Acceptance
Statement for Subaward” is returned to the Delaware Emergency Management Agency (DEMA).
Under the conditions of 2 C.F.R. Part 200, Subpart F-Audit Requirements, Non-Federal entities that
expend $750,000 or more in a year in federal awards shall have a single or program specific audit
conducted for that year. As a subrecipient, you will also be responsible for audit fees associated with
these Federal Funds, if it is required. Also, please provide this office with a copy of any audit reports
you receive, or a letter certifying that these funds do not meet the requirements for an audit. This letter
is due upon completion of this project. You will be required to report on any findings and follow-up
action taken to correct them. Should you fail to do so, it will adversely affect your eligibility for future
funding.
Page 1 of 8
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Page 19
Exhibit B
D
Item 5.
1. GENERAL CONDITIONS AND STANDARD ASSURANCES
The subrecipient hereby assures and certifies compliance with all applicable Federal statutes,
regulations, policies, guidelines, and requirements, including 2 C.F.R. Part 200; Ex. Order 12372
(intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative
requirements for grants and cooperative agreements). The subrecipient also specifically assures and
certifies t h a t :
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and
financial capability (including funds sufficient to pay any required non-federal share of project
cost) to ensure proper planning, management, and completion of the project described in this
application.
2. It is non-delinquent in their repayment of any federal debt. (See OMB Circular A-129)
3. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
4. It will give DEMA or the General Accounting Office, through any authorized representative,
access to and the right to examine all paper or electronic records related to the financial assistance.
5. It will obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or
reproduction of flags or likenesses of DHS agency officials.
6. It will comply with the SAFECOM guidance for emergency communication equipment including
provisions on technical standards that ensure and enhance interoperable communications.
7. It will comply with all instructions, guidance, limitations, and other conditions set forth i n the
Notice of Funding Opportunity for the EMPG program.
8. It will use best practices for collection and use of personally identifiable information. Subrecipients
are required to have a publically-available privacy policy that describes standards on the usage
and maintenance of PII they collect.
9. It will acknowledge their use of federal funding when issuing statements, press releases, and
requests for proposals, bid initiations, and other documents describing projects or programs
funded in whole or in part with federal funds.
10. It will affix the applicable copyright notices of 17 U.S.C. Sections 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work
first produced under federal financial assistance awards.
11. It will comply with all lawful requirements imposed by FEMA: The Whistleblower Protection
Act at 10 U.S.C. Section 2409, 41 U.S.C. 4712, and 10 U.S.C. Section 2324, 41. U.S.C. Sections
4304 and 4310; The USA Patriot Act of 2001; The Trafficking Victims Protection Act of 2000; The Terrorist
Financing Executive Order 13224; The Solid Waste Disposal Act as amended by The Resource
Conservation and Recovery Act; The Hotel and Motel Fire Safety Act of 1990; The Fly America Act of
1974; The Federal Leadership on Reducing Text Messaging while Driving Executive Order 13513; The False
Claims Act; The Energy Policy and Conservation Act; Education Amendments of 1972; The National
Environmental Policy Act (NEPA)
12. It will comply with all lawful requirements imposed by DEMA, specifically including any
applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63.
Page 2 of 8
• 19
Page 20
Exhibit B
D Item 5.
13. It will assist DEMA (if necessary) in assuring compliance with section 106 of the National Historic
Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of
historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469
a-1 et seq.), and the National Environmental Policy Act of 1969 (42
U.S.C. § 4321).
14. It will comply (and will require contractors to comply) with any applicable statutorily- imposed non-
discrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42U.S.C. § 10604(e)); The Juvenile
Justice and Delinquency Prevention Act of 2002 ( 42U.S.C. § 5672(b)); The Civil Rights Act of
1968 (42 U.S.C. § 3601); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C.
§§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see
Ex. Order 13279 (equal protection of the laws for faith-based and community organizations).
15. If it is a governmental entity:
a. It will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which governs the treatment of persons
displaced as a result of federal and federally-assisted programs; and
b. It will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limits certain
political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by federal assistance.
2. CERTIFICATIONS
Subrecipients should refer to the regulations cited below to determine the certification to which they
are required to attest. Subrecipients should also review the instructions for certification included in the
regulations before completing this form. Signature of this form provides for compliance with
certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part
67, "Government-wide Debarment and Suspension (Non- procurement) and Government-wide
Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as material
representations of fact upon which reliance will be placed when the State of Delaware and the
Department of Homeland Security determines to award the covered subaward.
3. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69,
the subrecipient certifies that:
Page 3 of 8
• 20
Page 21
Exhibit B
D
Item 5.
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress, in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions;
4. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT
RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR
Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67,
Section 67.510 , the subrecipient certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not, within a three-year period preceding this application, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
d. Have not, within a three-year period preceding this application, had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
e. Where the subrecipient is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this application.
5. DRUG-FREE WORKPLACE (SUBRECIPIENTS OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart
F, for subrecipients, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. The subrecipient
certifies that it will or will continue to provide a drug-free workplace by:
Page 4 of 8
• 21
Page 22
Exhibit B
D Item 5.
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the subrecipient’ s workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing an on-going drug-free awareness program to inform employees about:
1) The dangers of drug abuse in the workplace;
2) The subrecipient’ s policy of maintaining a drug-free workplace;
3) Any available drug counseling, rehabilitation, and employee assistance programs; and
4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
c. Making it a requirement that each employee to be engaged in the performance of the subaward
be given a copy of the statement required by paragraph (a);
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the subrecipient, the employee will:
1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to: Department of Justice,
Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C.
20531. Notice shall include the identification number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted:
1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (a), (b), (c), (d), (e), and (f).
6. SPECIAL CONDITIONS
a. All requirements, quotes, and/or scope of work must be reviewed and approved by DEMA for
compliance with grant guidelines prior to the start of any work.
b. All equipment and service purchases are the responsibility of the subrecipient and invoice(s) shall be
submitted to DEMA for reimbursement. In addition, all equipment costing $5,000 or more will be
accounted for through an inventory listing.
Page 5 of 8
• 22
Page 23
Exhibit B
D
Item 5.
c. All procurement and/or contracts must be in compliance with local purchasing guidelines and
procedures and reflect applicable state, local and tribal laws and regulations; provided that the
procurements conform to applicable federal law and the standards identified in 2 C.F.R. § 200.318
through 200.326. If, however, there is a direct conflict between any of the standards, the most
restrictive standard applies. The local procurement procedures must be provided to DEMA upon
request. In the absence of local procurement procedures, those listed under Title 29, Chapter 69 of
the State of Delaware Procurement Code will apply.
d. As a subrecipient, you are required to meet all compliance rules outlined in 2 C.F.R. Part
200. A member of the DEMA Staff will perform a monitoring visit within the next six months to
ensure all compliance measures are being met. The local procurement procedures must be provided
to DEMA upon request. In the absence of local procurement procedures, state procurement
procedures will apply.
e. Name of Subrecipient will maintain ownership of all equipment in accordance with the DEMA
Memorandum of Understanding.
f. Name of Subrecipient will work with DEMA to complete the Environmental and Historical
Preservation (EHP) Review process when one is required. No work can begin on projects
requiring EHP Reviews until approval from FEMA is received.
g. The subrecipient is also responsible for insuring that equipment items with a purchase price of
$5,000.00 are placed on the Fixed Assets Management List.
h. At the completion of all part of the project, remaining funds will returned to the Working Group’s
Projects Un-Funded line. All disciplines will be able to submit projects to that line for the Working
Group’s review.
7. DELIVERABLES
a. Your acceptance of the conditions of the subaward is required by endorsement for grant award.
A properly executed original of the “Subaward Acceptance Statement” must be returned to the
Delaware Emergency Management Agency (DEMA) within thirty (30) days of the award
execution date (below). Upon receipt of the executed Subaward Acceptance Statement, a
Purchase Order (PO) will be created to encumber the funds for this project. This PO can be
considered as a commitment by this agency to your agency for the funds allotted to your project.
b. Subaward progress reports and fiscal vouchers will be submitted to DEMA by the fifteenth of
every month. Each report and voucher will include a breakdown of progress and expenditures
according to the eight components of the subaward. In order to receive reimbursement, all
invoices, proofs of payment and other documentation is required and must be correct.
c. A copy of any audit reports you receive, or a letter certifying that these funds do not meet the
requirements for an audit. This letter is due upon completion of this project.
d. Participation by your agency in a monitoring visit is a subaward requirement. You will be provided
ample notification to work with DEMA to set up a convenient time for the visit.
Page 6 of 8
• 23
Page 24
Exhibit B
D
Item 5.
e. Demonstrate a vendor debarment policy is in place and provide proof of a debarment validation
check on all/each vendor utilized within your project. If you need assistance with this process,
please work with DEMA.
f. Subrecipient shall maintain, or revise as necessary, jurisdiction wide all threats and hazard
Emergency Operations Plans (EOPs) consistent with CPG 101.v2. All EOP’s must b e updated
every two years and submitted to DEMA in order to be eligible for EMPG funds.
g. All EMPG funded personnel are required to complete the following training requirements and
record proof of completion. National Incident Management System (NIMS) Training: IS-100;
IS-200; IS-700; IS-800 AND FEMA Professional Development Series: IS-120.a; IS-230.d;
IS-235.b; IS-240.b; IS-241.b; IS-242.b; IS-244.b or Basic Academy Courses: IS- 100 (any
version); IS-700 (any version); IS-800 (any version); IS-230.d; E/L101; E/L102; E/L103;
E/L104 and E/L105. Submission of a list of EMPG funded personnel along with the training
completed must be included in the quarterly reporting.
h. Recipients shall submit, within 45 calendar days after the date of completion of the award, all
financial, performance, and other reports as required by the terms and conditions of the award.
FOR STATE AGENCIES ONLY
i. Fiscal Coordination is required with DEMA fiscal to incorporate DEMA into the approval
process within First State Financials (FSF). DEMA’s Fiscal POC is Cindy Carney;
(302)659-2206, cindy.carney@delaware.gov
Page 7 of 8
• 24
Page 25
Exhibit B
D
Item 5.
I, , acting under my authority to contract on behalf of the
subrecipient, hereby signify acceptance for the subrecipient of the above-described subaward on the
terms and conditions stated above or incorporated by reference therein. Further, I understand that I must
expend all funds from this subaward before accessing the funds for any future subaward. I further certify
that we will follow all prescribed procurement policies and procedures set forth by our agency, and that
this agency is not suspended or debarred from receiving federal funds, and has not been so in the past.
I certify that these federal funds will not replace any state or local funds that have been appropriated
for the same purpose. This project(s) does not violate any rules of supplanting.
Printed Name:
Signature:
A.J. Schall Jr.
Director of Delaware Emergency Management Agency
Page 8 of 8
• 25
Page 26
ACTION FORM D Item 6.
PROCEEDING: Legislative, Finance & Administration Committee
DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 10/14/2021
PREPARED BY: Kay Sass, Public Affairs/Emergency Management Coordinator
SUBJECT: Weyandt Hall Building Security Modifications
REFERENCE:
RELATED PROJECT: Weyandt Hall Security Upgrade
APPROVALS: Matt Harline, Interim City Manager, Lori Peddicord, Treasurer/Controller
EXHIBITS: Exhibit A – Delaware Emergency Management Agency Subgrant Application; Exhibit B – Delaware Emergency
Management Award Letter
EXPENDITURE REQUIRED: $32,479.00 AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget): Dept. Of Homeland Security reimbursed 100% through DEMA
TIME TIMETABLE: Complete by end of February 2022
RECOMMENDED ACTION: Authorize City Manager to accept the reimbursement grant for all costs associated modifications of
security enhancements in Weyandt Hall and proceed with the project.
BACKGROUND AND ANALYSIS
The City of Dover has requested funding and received an approval from DEMA for ballistic glass and security other modifications to
Weyandt Hall.
The funding for this project is provided by a grant received by Department of Homeland Security with funds administered through to
the City of Dover by DEMA. One hundred percent (100%) of the project costs will be reimbursed to the City of Dover upon
application for reimbursement with no matching funds required.
The overall completed project includes installing ballistic glass in designated customer service which will reduce the risk to our staff
in case of a violent event. A door will be relocated to the end of the counter securing the other offices behind a reinforced door with a
card reader for staff to gain entry. An ancillary benefit will be to provide a small amount of protection from the spread of germs
exhaled when customers and city staff meet at the counter.
The City will issue and RFP/B for the work and proceed as required by the City Purchasing Policy.
• 26
Page 27
Exhibit A
D
Item 6.
Delaware Emergency Management Agency
Subgrant Application
Funds under this application are not auth01ized until final approval from the DEMA Director. An award Jetter
will be provided to signify actual staii dates for subgrant use and official approval of funding. Any use of
.
funds prior to final approval will be ineligible for reimbursement from DEMA.
A2ency ::._. ~, '
Information
I
.I ;;:} · ·.f-~ "<.; '.JC]
Name: City of Dover DUNS#:077093664
.
Address: 15 Loockerrnan Plaza
• I City: Dover State: DE
!a ,I
. I Zip: 19901
Pro.i_::i
ect , :.
Information
_J -
Project Title: Weyandt Hall Security Improvements
Duration From: Duration To: 1/31/2023
Is the requesting A .
agency a state entity? Yes: D No:�
Receipt of sub grant award letter; update of quotes and
estimates; project initiation; project completion; .
project
Desc1iption and Milestones: closeout. 2 projects included in overall grant.
Improvements are required in the customer service center at
Weyandt Hall, for the City of Dover to offer security to City
Project Justification: personnel, while maintaining the ability to serve the public.
Subrecipient
- ' Information
;,. rl-_ ::"'-=-n
Agency Authorizing
l Official: Kay II
Sass Title: Emergency Management Coordinator
Phone: 302-736-7003 .
Email: .
ksass�dover.de.us
- e
Project Manager: Kay Sass
>
~
Title: Emergency . .
Management Coordinator
Phone: 302-736-7003 Email: ksass@dover.de.us
Manager
• Print: Kay Sass
•
Authorizing Official Signature: l
, -
DEMA
·l•. • Use 1
Only
Project Number: FY20-016 CFDA Number: 97.067
"
Fiscal Year: FY20 Grant Program: HSGP
.
Investment Number:
. 8 BID Number: 4303
AEL: 14EX-00-BSIR Approved Funds: - $72,094.00
Planner Signature:
Supervisor Signature:
Director Signature:
State of Delaware, Departtnent of Safety and Homeland Security 'l
165 Brick Store Landing Road
Smyrna DB. 19977
(302) 659 ..DEMA I (877) SAY-DEMA
Fax: (302} 659-6855 27
htlp. dema,ddaware.go\
Page 28
Exhibit B
D Item 6.
A subaward is hereby made for the following, under the Homeland Security Grant Program, inaccordance
with the plan set forth in the subrecipient’ s application for funding and subject to the general conditions,
special conditions and deliverables that follow.
Subrecipient: City of Dover
I Date of Award:
Project Title: Weyandt Hall – Security Improvements (2 projects)
Start Date: End Date: 1/21/23
Subaward Number: FY20-016 CFDA#: 97.067
Federal Funding Awarded Project Cost: $72,094.00
DEMA Point of Contact: Christine Beste, Christine.beste@delaware.gov
This award is subject to all applicable rules, regulations and conditions as prescribed by theFY2020
Homeland Security Grant Program (HSGP). It is also subject to such further rules,regulations and policies
as may be reasonably prescribed by the State of Delaware and theUnited States Department of Homeland
Security. Sub recipients receiving federal financialassistance awards must ensure that federal funds do not
replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
This subaward shall become effective on the beginning date of the subaward period, provided that within
thirty (30) days of the award execution date (below), the properly executed original of the “Acceptance
Statement for Subaward” is returned to the Delaware Emergency Management Agency (DEMA).
Under the conditions of 2 C.F.R. Part 200, Subpart F-Audit Requirements, Non-Federal entities that
expend $750,000 or more in a year in federal awards shall have a single or program specific audit
conducted for that year. As a subrecipient, you will also be responsible for audit fees associated with
these Federal Funds, if it is required. Also, please provide this office with a copy of any audit reports
you receive, or a letter certifying that these funds do not meet the requirements for an audit. This letter
is due upon completion of this project. You will be required to report on any findings and follow-up
action taken to correct them. Should you fail to do so, it will adversely affect your eligibility for future
funding.
Page 1 of 8
• 28
Page 29
Exhibit B
D
Item 6.
1. GENERAL CONDITIONS AND STANDARD ASSURANCES
The subrecipient hereby assures and certifies compliance with all applicable Federal statutes,
regulations, policies, guidelines, and requirements, including 2 C.F.R. Part 200; Ex. Order 12372
(intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative
requirements for grants and cooperative agreements). The subrecipient also specifically assures and
certifies t h a t :
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and
financial capability (including funds sufficient to pay any required non-federal share of project
cost) to ensure proper planning, management, and completion of the project described in this
application.
2. It is non-delinquent in their repayment of any federal debt. (See OMB Circular A-129)
3. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
4. It will give DEMA or the General Accounting Office, through any authorized representative,
access to and the right to examine all paper or electronic records related to the financial assistance.
5. It will obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or
reproduction of flags or likenesses of DHS agency officials.
6. It will comply with the SAFECOM guidance for emergency communication equipment including
provisions on technical standards that ensure and enhance interoperable communications.
7. It will comply with all instructions, guidance, limitations, and other conditions set forth i n the
Notice of Funding Opportunity for the EMPG program.
8. It will use best practices for collection and use of personally identifiable information. Subrecipients
are required to have a publically-available privacy policy that describes standards on the usage
and maintenance of PII they collect.
9. It will acknowledge their use of federal funding when issuing statements, press releases, and
requests for proposals, bid initiations, and other documents describing projects or programs
funded in whole or in part with federal funds.
10. It will affix the applicable copyright notices of 17 U.S.C. Sections 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work
first produced under federal financial assistance awards.
11. It will comply with all lawful requirements imposed by FEMA: The Whistleblower Protection
Act at 10 U.S.C. Section 2409, 41 U.S.C. 4712, and 10 U.S.C. Section 2324, 41. U.S.C. Sections
4304 and 4310; The USA Patriot Act of 2001; The Trafficking Victims Protection Act of 2000; The Terrorist
Financing Executive Order 13224; The Solid Waste Disposal Act as amended by The Resource
Conservation and Recovery Act; The Hotel and Motel Fire Safety Act of 1990; The Fly America Act of
1974; The Federal Leadership on Reducing Text Messaging while Driving Executive Order 13513; The False
Claims Act; The Energy Policy and Conservation Act; Education Amendments of 1972; The National
Environmental Policy Act (NEPA)
12. It will comply with all lawful requirements imposed by DEMA, specifically including any
applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63.
Page 2 of 8
• 29
Page 30
Exhibit B
D Item 6.
13. It will assist DEMA (if necessary) in assuring compliance with section 106 of the National Historic
Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of
historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469
a-1 et seq.), and the National Environmental Policy Act of 1969 (42
U.S.C. § 4321).
14. It will comply (and will require contractors to comply) with any applicable statutorily- imposed non-
discrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42U.S.C. § 10604(e)); The Juvenile
Justice and Delinquency Prevention Act of 2002 ( 42U.S.C. § 5672(b)); The Civil Rights Act of
1968 (42 U.S.C. § 3601); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C.
§§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see
Ex. Order 13279 (equal protection of the laws for faith-based and community organizations).
15. If it is a governmental entity:
a. It will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which governs the treatment of persons
displaced as a result of federal and federally-assisted programs; and
b. It will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limits certain
political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by federal assistance.
2. CERTIFICATIONS
Subrecipients should refer to the regulations cited below to determine the certification to which they
are required to attest. Subrecipients should also review the instructions for certification included in the
regulations before completing this form. Signature of this form provides for compliance with
certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part
67, "Government-wide Debarment and Suspension (Non- procurement) and Government-wide
Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as material
representations of fact upon which reliance will be placed when the State of Delaware and the
Department of Homeland Security determines to award the covered subaward.
3. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69,
the subrecipient certifies that:
Page 3 of 8
• 30
Page 31
Exhibit B
D
Item 6.
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress, in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions;
4. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT
RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR
Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67,
Section 67.510 , the subrecipient certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not, within a three-year period preceding this application, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
d. Have not, within a three-year period preceding this application, had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
e. Where the subrecipient is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this application.
5. DRUG-FREE WORKPLACE (SUBRECIPIENTS OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart
F, for subrecipients, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. The subrecipient
certifies that it will or will continue to provide a drug-free workplace by:
Page 4 of 8
• 31
Page 32
Exhibit B
D Item 6.
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the subrecipient’ s workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing an on-going drug-free awareness program to inform employees about:
1) The dangers of drug abuse in the workplace;
2) The subrecipient’ s policy of maintaining a drug-free workplace;
3) Any available drug counseling, rehabilitation, and employee assistance programs; and
4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
c. Making it a requirement that each employee to be engaged in the performance of the subaward
be given a copy of the statement required by paragraph (a);
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the subrecipient, the employee will:
1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to: Department of Justice,
Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C.
20531. Notice shall include the identification number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted:
1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (a), (b), (c), (d), (e), and (f).
6. SPECIAL CONDITIONS
a. All requirements, quotes, and/or scope of work must be reviewed and approved by DEMA for
compliance with grant guidelines prior to the start of any work.
b. All equipment and service purchases are the responsibility of the subrecipient and invoice(s) shall be
submitted to DEMA for reimbursement. In addition, all equipment costing $5,000 or more will be
accounted for through an inventory listing.
Page 5 of 8
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Page 33
Exhibit B
D
Item 6.
c. All procurement and/or contracts must be in compliance with local purchasing guidelines and
procedures and reflect applicable state, local and tribal laws and regulations; provided that the
procurements conform to applicable federal law and the standards identified in 2 C.F.R. § 200.318
through 200.326. If, however, there is a direct conflict between any of the standards, the most
restrictive standard applies. The local procurement procedures must be provided to DEMA upon
request. In the absence of local procurement procedures, those listed under Title 29, Chapter 69 of
the State of Delaware Procurement Code will apply.
d. As a subrecipient, you are required to meet all compliance rules outlined in 2 C.F.R. Part
200. A member of the DEMA Staff will perform a monitoring visit within the next six months to
ensure all compliance measures are being met. The local procurement procedures must be provided
to DEMA upon request. In the absence of local procurement procedures, state procurement
procedures will apply.
e. Name of Subrecipient will maintain ownership of all equipment in accordance with the DEMA
Memorandum of Understanding.
f. Name of Subrecipient will work with DEMA to complete the Environmental and Historical
Preservation (EHP) Review process when one is required. No work can begin on projects
requiring EHP Reviews until approval from FEMA is received.
g. The subrecipient is also responsible for insuring that equipment items with a purchase price of
$5,000.00 are placed on the Fixed Assets Management List.
h. At the completion of all part of the project, remaining funds will returned to the Working Group’s
Projects Un-Funded line. All disciplines will be able to submit projects to that line for the Working
Group’s review.
7. DELIVERABLES
a. Your acceptance of the conditions of the subaward is required by endorsement for grant award.
A properly executed original of the “Subaward Acceptance Statement” must be returned to the
Delaware Emergency Management Agency (DEMA) within thirty (30) days of the award
execution date (below). Upon receipt of the executed Subaward Acceptance Statement, a
Purchase Order (PO) will be created to encumber the funds for this project. This PO can be
considered as a commitment by this agency to your agency for the funds allotted to your project.
b. Subaward progress reports and fiscal vouchers will be submitted to DEMA by the fifteenth of
every month. Each report and voucher will include a breakdown of progress and expenditures
according to the eight components of the subaward. In order to receive reimbursement, all
invoices, proofs of payment and other documentation is required and must be correct.
c. A copy of any audit reports you receive, or a letter certifying that these funds do not meet the
requirements for an audit. This letter is due upon completion of this project.
d. Participation by your agency in a monitoring visit is a subaward requirement. You will be provided
ample notification to work with DEMA to set up a convenient time for the visit.
Page 6 of 8
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Page 34
Exhibit B
D
Item 6.
e. Demonstrate a vendor debarment policy is in place and provide proof of a debarment validation
check on all/each vendor utilized within your project. If you need assistance with this process,
please work with DEMA.
f. Subrecipient shall maintain, or revise as necessary, jurisdiction wide all threats and hazard
Emergency Operations Plans (EOPs) consistent with CPG 101.v2. All EOP’s must b e updated
every two years and submitted to DEMA in order to be eligible for EMPG funds.
g. All EMPG funded personnel are required to complete the following training requirements and
record proof of completion. National Incident Management System (NIMS) Training: IS-100;
IS-200; IS-700; IS-800 AND FEMA Professional Development Series: IS-120.a; IS-230.d;
IS-235.b; IS-240.b; IS-241.b; IS-242.b; IS-244.b or Basic Academy Courses: IS- 100 (any
version); IS-700 (any version); IS-800 (any version); IS-230.d; E/L101; E/L102; E/L103;
E/L104 and E/L105. Submission of a list of EMPG funded personnel along with the training
completed must be included in the quarterly reporting.
h. Recipients shall submit, within 45 calendar days after the date of completion of the award, all
financial, performance, and other reports as required by the terms and conditions of the award.
FOR STATE AGENCIES ONLY
i. Fiscal Coordination is required with DEMA fiscal to incorporate DEMA into the approval
process within First State Financials (FSF). DEMA’s Fiscal POC is Cindy Carney;
(302)659-2206, cindy.carney@delaware.gov
Page 7 of 8
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Page 35
Exhibit B
D
Item 6.
I, , acting under my authority to contract on behalf of the
subrecipient, hereby signify acceptance for the subrecipient of the above-described subaward on the
terms and conditions stated above or incorporated by reference therein. Further, I understand that I must
expend all funds from this subaward before accessing the funds for any future subaward. I further certify
that we will follow all prescribed procurement policies and procedures set forth by our agency, and that
this agency is not suspended or debarred from receiving federal funds, and has not been so in the past.
I certify that these federal funds will not replace any state or local funds that have been appropriated
for the same purpose. This project(s) does not violate any rules of supplanting.
Printed Name:
Signature:
A.J. Schall Jr.
Director of Delaware Emergency Management Agency
Page 8 of 8
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Page 36
COMMITTEE ACTION FORM D Item 7.
PROCEEDING: Council Committee of the Whole - Legislative, Finance & Administration Committee
DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 10/14/2021
PREPARED BY: City Manager’s Office
SUBJECT: City Emergency Operations Plan Update and Inclusion of Cybersecurity
REFERENCE:
RELATED PROJECT: None
APPROVALS: Matt Harline, Interim City Manager and Lori Peddicord, Treasurer/Controller
EXHIBITS: Exhibit A – Dover EOP Funding Request; Exhibit B – DEMA Subaward Finance Assistance Agreement
EXPENDITURE REQUIRED: $40,000 AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget): Dept. Of Homeland Security reimbursed 100% through DEMA
TIME TIMETABLE: Completion by August 2023
RECOMMENDED ACTION: Authorize staff to accept the reimbursement and execute a contract to rewrite the Emergency
Operations Plan with the addition of including Cyber Security.
BACKGROUND AND ANALYSIS
The City of Dover has requested funding and received an approval from DEMA to receive funds for contractual services to aid in
rewriting and updating the Emergency Operations Plan with the inclusion of Cyber Security in the plan. The last plan was written over
10 years ago by a contracting company. The information in the current plan is outdated and no longer accurate to the City of Dover
Code nor the State of Delaware Code.
The funding for this project is provided by a grant received by Department of Homeland Security with funds administered through to
the City of Dover by DEMA. One hundred percent (100%) of the project costs will be reimbursed to the City of Dover upon
application for reimbursement with no matching funds required. The scope of the grant runs through August of 2023, but Plan will
likely be completed much sooner than that.
The City will issue an RFP for the work and proceed as required by the City Purchasing Policy.
• 36
Page 37
Exhibit A
D Item 7.
II. Project Management - Investment # 4
II.C - What is the funding source for this investment:
Funding Source Funding Amount
SHSP $929,100.00
All of the requested funding must be associated with specific projects.
Project # 14
Project Information - Project # 14
Project Name: Dover EOP Update
Project Description: Scope: The City of Dover wishes to contract with a planning agency/individual who can assess their emergency
operations plan, and update the plan and the city code as necessary. The project is expected to take up to one year to complete and
approximately $40,000. The City of Dover's emergency operations plan has not been updated in more than ten years. The plan needs to
be updated and enhanced to include cyber security and communications/information sharing. The plan is to hire a contractor who can
complete the tasks required within one year's time. National Priority: Nexus to Terrorism: Attacks on municipal facilities is becoming a
common occurrence since the attacks in Virginia Beach, VA. Other similar types of attacks have occurred at customer friendly soft-
targets such as municipal office buildings, and similar public access facilities. The City of Dover has already been the target of a cyber
attack using ransomeware. Impact: This project will provide for the plan for emergency management for the City of Dover for an
extended period into the future. The plan has not been updated for more than ten years, it is anticipated that it will be five years before
the plan will need to be updated again. Collaboration: This project will be conducted in collaboration with local law enforcement, fire,
ems, government administration, and likely other response disciplines, and community and business players throughout the Dover
community. AEL: 21GN-00-CCEQ
Funding Amount: $929,100.00
Subgrantee: Entire State of Delaware
Grantee Type: Local Jurisdiction / Entity
Project Location: 19901
III.A - Project Alignment to Core Capability and Solution Areas - Project # 14
Primary Core Capability: Planning
Capability Building: Build
Deployable: No
Shareable: No
Solution Area Amount of Proposed Funding Percent of Proposed Funding
Planning $40,000.00 100%
Organization $.00 0%
Equipment $.00 0%
Training $.00 0%
Exercises $.00 0%
Total $40,000.00 100%
III.B - Project Baseline and Management - Project # 14
Project Management Step: Initiate
Project Start Date: SEPTEMBER 2020
Project End Date: AUGUST 2023
Does this project require new construction, renovation, retrofitting or modifications of existing structure? No
Supports Previous Awarded Investment? No
FOR OFFICIAL USE ONLY
•37
PAGE 58 OF 136
Page 38
Exhibit B
D Item 7.
A subaward is hereby made for the following, under the Homeland Security Grant Program, inaccordance
with the plan set forth in the subrecipient’ s application for funding and subject to the general conditions,
special conditions and deliverables that follow.
Subrecipient: City of Dover
I Date of Award:
Project Title: Dover EOP Update
Start Date: End Date:
Subaward Number: FY20-015 CFDA#: 97.067
Federal Funding Awarded Project Cost: $40,000.00
DEMA Point of Contact: Christine Beste, Christine.beste@delaware.gov
This award is subject to all applicable rules, regulations and conditions as prescribed by theFY2020
Homeland Security Grant Program (HSGP). It is also subject to such further rules,regulations and policies
as may be reasonably prescribed by the State of Delaware and theUnited States Department of Homeland
Security. Sub recipients receiving federal financialassistance awards must ensure that federal funds do not
replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
This subaward shall become effective on the beginning date of the subaward period, provided that within
thirty (30) days of the award execution date (below), the properly executed original of the “Acceptance
Statement for Subaward” is returned to the Delaware Emergency Management Agency (DEMA).
Under the conditions of 2 C.F.R. Part 200, Subpart F-Audit Requirements, Non-Federal entities that
expend $750,000 or more in a year in federal awards shall have a single or program specific audit
conducted for that year. As a subrecipient, you will also be responsible for audit fees associated with
these Federal Funds, if it is required. Also, please provide this office with a copy of any audit reports
you receive, or a letter certifying that these funds do not meet the requirements for an audit. This letter
is due upon completion of this project. You will be required to report on any findings and follow-up
action taken to correct them. Should you fail to do so, it will adversely affect your eligibility for future
funding.
Page 1 of 8
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Page 39
Exhibit B
D
Item 7.
1. GENERAL CONDITIONS AND STANDARD ASSURANCES
The subrecipient hereby assures and certifies compliance with all applicable Federal statutes,
regulations, policies, guidelines, and requirements, including 2 C.F.R. Part 200; Ex. Order 12372
(intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative
requirements for grants and cooperative agreements). The subrecipient also specifically assures and
certifies t h a t :
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and
financial capability (including funds sufficient to pay any required non-federal share of project
cost) to ensure proper planning, management, and completion of the project described in this
application.
2. It is non-delinquent in their repayment of any federal debt. (See OMB Circular A-129)
3. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
4. It will give DEMA or the General Accounting Office, through any authorized representative,
access to and the right to examine all paper or electronic records related to the financial assistance.
5. It will obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or
reproduction of flags or likenesses of DHS agency officials.
6. It will comply with the SAFECOM guidance for emergency communication equipment including
provisions on technical standards that ensure and enhance interoperable communications.
7. It will comply with all instructions, guidance, limitations, and other conditions set forth i n the
Notice of Funding Opportunity for the EMPG program.
8. It will use best practices for collection and use of personally identifiable information. Subrecipients
are required to have a publically-available privacy policy that describes standards on the usage
and maintenance of PII they collect.
9. It will acknowledge their use of federal funding when issuing statements, press releases, and
requests for proposals, bid initiations, and other documents describing projects or programs
funded in whole or in part with federal funds.
10. It will affix the applicable copyright notices of 17 U.S.C. Sections 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work
first produced under federal financial assistance awards.
11. It will comply with all lawful requirements imposed by FEMA: The Whistleblower Protection
Act at 10 U.S.C. Section 2409, 41 U.S.C. 4712, and 10 U.S.C. Section 2324, 41. U.S.C. Sections
4304 and 4310; The USA Patriot Act of 2001; The Trafficking Victims Protection Act of 2000; The Terrorist
Financing Executive Order 13224; The Solid Waste Disposal Act as amended by The Resource
Conservation and Recovery Act; The Hotel and Motel Fire Safety Act of 1990; The Fly America Act of
1974; The Federal Leadership on Reducing Text Messaging while Driving Executive Order 13513; The False
Claims Act; The Energy Policy and Conservation Act; Education Amendments of 1972; The National
Environmental Policy Act (NEPA)
12. It will comply with all lawful requirements imposed by DEMA, specifically including any
applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63.
Page 2 of 8
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Page 40
Exhibit B
D Item 7.
13. It will assist DEMA (if necessary) in assuring compliance with section 106 of the National Historic
Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of
historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469
a-1 et seq.), and the National Environmental Policy Act of 1969 (42
U.S.C. § 4321).
14. It will comply (and will require contractors to comply) with any applicable statutorily- imposed non-
discrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42U.S.C. § 10604(e)); The Juvenile
Justice and Delinquency Prevention Act of 2002 ( 42U.S.C. § 5672(b)); The Civil Rights Act of
1968 (42 U.S.C. § 3601); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C.
§§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see
Ex. Order 13279 (equal protection of the laws for faith-based and community organizations).
15. If it is a governmental entity:
a. It will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which governs the treatment of persons
displaced as a result of federal and federally-assisted programs; and
b. It will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limits certain
political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by federal assistance.
2. CERTIFICATIONS
Subrecipients should refer to the regulations cited below to determine the certification to which they
are required to attest. Subrecipients should also review the instructions for certification included in the
regulations before completing this form. Signature of this form provides for compliance with
certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part
67, "Government-wide Debarment and Suspension (Non- procurement) and Government-wide
Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as material
representations of fact upon which reliance will be placed when the State of Delaware and the
Department of Homeland Security determines to award the covered subaward.
3. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69,
the subrecipient certifies that:
Page 3 of 8
• 40
Page 41
Exhibit B
D
Item 7.
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress, in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions;
4. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT
RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR
Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67,
Section 67.510 , the subrecipient certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not, within a three-year period preceding this application, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
d. Have not, within a three-year period preceding this application, had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
e. Where the subrecipient is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this application.
5. DRUG-FREE WORKPLACE (SUBRECIPIENTS OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart
F, for subrecipients, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. The subrecipient
certifies that it will or will continue to provide a drug-free workplace by:
Page 4 of 8
• 41
Page 42
Exhibit B
D Item 7.
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the subrecipient’ s workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing an on-going drug-free awareness program to inform employees about:
1) The dangers of drug abuse in the workplace;
2) The subrecipient’ s policy of maintaining a drug-free workplace;
3) Any available drug counseling, rehabilitation, and employee assistance programs; and
4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
c. Making it a requirement that each employee to be engaged in the performance of the subaward
be given a copy of the statement required by paragraph (a);
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the subrecipient, the employee will:
1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to: Department of Justice,
Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C.
20531. Notice shall include the identification number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted:
1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (a), (b), (c), (d), (e), and (f).
6. SPECIAL CONDITIONS
a. All requirements, quotes, and/or scope of work must be reviewed and approved by DEMA for
compliance with grant guidelines prior to the start of any work.
b. All equipment and service purchases are the responsibility of the subrecipient and invoice(s) shall be
submitted to DEMA for reimbursement. In addition, all equipment costing $5,000 or more will be
accounted for through an inventory listing.
Page 5 of 8
• 42
Page 43
Exhibit B
D
Item 7.
c. All procurement and/or contracts must be in compliance with local purchasing guidelines and
procedures and reflect applicable state, local and tribal laws and regulations; provided that the
procurements conform to applicable federal law and the standards identified in 2 C.F.R. § 200.318
through 200.326. If, however, there is a direct conflict between any of the standards, the most
restrictive standard applies. The local procurement procedures must be provided to DEMA upon
request. In the absence of local procurement procedures, those listed under Title 29, Chapter 69 of
the State of Delaware Procurement Code will apply.
d. As a subrecipient, you are required to meet all compliance rules outlined in 2 C.F.R. Part
200. A member of the DEMA Staff will perform a monitoring visit within the next six months to
ensure all compliance measures are being met. The local procurement procedures must be provided
to DEMA upon request. In the absence of local procurement procedures, state procurement
procedures will apply.
e. Name of Subrecipient will maintain ownership of all equipment in accordance with the DEMA
Memorandum of Understanding.
f. Name of Subrecipient will work with DEMA to complete the Environmental and Historical
Preservation (EHP) Review process when one is required. No work can begin on projects
requiring EHP Reviews until approval from FEMA is received.
g. The subrecipient is also responsible for insuring that equipment items with a purchase price of
$5,000.00 are placed on the Fixed Assets Management List.
h. At the completion of all part of the project, remaining funds will returned to the Working Group’s
Projects Un-Funded line. All disciplines will be able to submit projects to that line for the Working
Group’s review.
7. DELIVERABLES
a. Your acceptance of the conditions of the subaward is required by endorsement for grant award.
A properly executed original of the “Subaward Acceptance Statement” must be returned to the
Delaware Emergency Management Agency (DEMA) within thirty (30) days of the award
execution date (below). Upon receipt of the executed Subaward Acceptance Statement, a
Purchase Order (PO) will be created to encumber the funds for this project. This PO can be
considered as a commitment by this agency to your agency for the funds allotted to your project.
b. Subaward progress reports and fiscal vouchers will be submitted to DEMA by the fifteenth of
every month. Each report and voucher will include a breakdown of progress and expenditures
according to the eight components of the subaward. In order to receive reimbursement, all
invoices, proofs of payment and other documentation is required and must be correct.
c. A copy of any audit reports you receive, or a letter certifying that these funds do not meet the
requirements for an audit. This letter is due upon completion of this project.
d. Participation by your agency in a monitoring visit is a subaward requirement. You will be provided
ample notification to work with DEMA to set up a convenient time for the visit.
Page 6 of 8
• 43
Page 44
Exhibit B
D
Item 7.
e. Demonstrate a vendor debarment policy is in place and provide proof of a debarment validation
check on all/each vendor utilized within your project. If you need assistance with this process,
please work with DEMA.
f. Subrecipient shall maintain, or revise as necessary, jurisdiction wide all threats and hazard
Emergency Operations Plans (EOPs) consistent with CPG 101.v2. All EOP’s must b e updated
every two years and submitted to DEMA in order to be eligible for EMPG funds.
g. All EMPG funded personnel are required to complete the following training requirements and
record proof of completion. National Incident Management System (NIMS) Training: IS-100;
IS-200; IS-700; IS-800 AND FEMA Professional Development Series: IS-120.a; IS-230.d;
IS-235.b; IS-240.b; IS-241.b; IS-242.b; IS-244.b or Basic Academy Courses: IS- 100 (any
version); IS-700 (any version); IS-800 (any version); IS-230.d; E/L101; E/L102; E/L103;
E/L104 and E/L105. Submission of a list of EMPG funded personnel along with the training
completed must be included in the quarterly reporting.
h. Recipients shall submit, within 45 calendar days after the date of completion of the award, all
financial, performance, and other reports as required by the terms and conditions of the award.
FOR STATE AGENCIES ONLY
i. Fiscal Coordination is required with DEMA fiscal to incorporate DEMA into the approval
process within First State Financials (FSF). DEMA’s Fiscal POC is Cindy Carney;
(302)659-2206, cindy.carney@delaware.gov
Page 7 of 8
• 44
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Exhibit B
D
Item 7.
I, , acting under my authority to contract on behalf of the
subrecipient, hereby signify acceptance for the subrecipient of the above-described subaward on the
terms and conditions stated above or incorporated by reference therein. Further, I understand that I must
expend all funds from this subaward before accessing the funds for any future subaward. I further certify
that we will follow all prescribed procurement policies and procedures set forth by our agency, and that
this agency is not suspended or debarred from receiving federal funds, and has not been so in the past.
I certify that these federal funds will not replace any state or local funds that have been appropriated
for the same purpose. This project(s) does not violate any rules of supplanting.
Printed Name:
Signature:
A.J. Schall Jr.
Director of Delaware Emergency Management Agency
Page 8 of 8
• 45
Page 46
D
Item 8.
PLANNING DEPARTMENT
Department of Planning & Inspections
P.O. Box 475
Dover, DE 19903
Phone: (302) 736-7175 Fax (302) 736-4217
TO: Councilman David Anderson (Chairman, Legislative & Finance Committee)
FROM: Tracey N. Harvey, Planner/Community Development Manager
DATE: October 14, 2021
RE: Proposal to manage the American Rescue Plan Act funding awarded to
Nonprofit Organizations for Housing and Homelessness
__________________________________________________________________________________________
As the City of Dover’s Community Development Block Grant Program Manager, I have over
18 years of grants management experience which includes budget preparation, financial
management and reporting, compliance monitoring, preparation of the Consolidated Plan,
Annual Action Plan and the Annual Performance Report that are submitted to HUD and
approved annually.
Since becoming the Community Development Manager for the City, I have successfully
maintained the following requirements of the position.
• Continually receive satisfactory annual performance reviews
• Consistently meets the HUD timeliness standard for expenditure of funds
• Prepares grant applications and administers grants ensuring compliance with program
guidelines and regulations
• Developed policies and procedures for the CDBG, NSP and CARES Act Programs
• No unresolved findings during years of service
• Satisfactory monitoring reviews from HUD
Recent Project Experience
• CDBG Program Manager 2003 – Present
• Managed the Neighborhood Stabilization Program Grant 2009-2019
• Managed the CARES Act Funding 2020- Present
• 46
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MEMO D
2 Item 8.
Summary of Services
• Planning and Administration of subgrants issued to nonprofit organizations
• Conduct and prepare meetings and minutes
• Determine eligibility requirements for sub-grantee consideration and determine qualifying
spending areas
• Prepare policies and procedures for ARPA funds
• Develop application process for reviewing and approving grant application process
• Compliance monitoring and accounting
• Complete ARPA Reporting
• Develop ARPA contracts for sub-grantees
• Ensure procurement policies and procedures
• Review and submit invoices for reimbursement to subgrantees
• Conduct Certificate of Occupancy inspections on all construction projects related to
meeting the planning requirements of the project
Proposed Budget and Timeline
The proposal for the summary of services outlined above is $30,000 for services outlined herein for
up to 60 months beginning 2021-2025. The fee represents an annual payment of $6,000 to be added
to my salary as a city employee. I am flexible and will work with the city to address schedule
modifications, other information, or timeline changes in a mutually acceptable manner.
• 47
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D Item 9.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Leg & Fin)
DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: October 15, 2021
PREPARED BY: Sharon J. Duca, P.E., Public Works Director
REVIEWED BY: Matthew Harline, Interim City Manager and Lori Peddicord, Controller/Treasurer
SUBJECT: FY 2021B Street and Alley Program – Additional Work
TIMETABLE: Notice to Proceed to be issued within thirty (30) days of Council approval and upon
receipt of fully executed agreement from the State.
RELATED PROJECT: n/a
EXHIBITS Exhibit A – DelDOT Agreement Letter; Exhibit B – DelDOT Agreement
REFERENCE: CIP – General Fund Projects
EXPENDITURE REQUIRED: $201,284.00
AMOUNT BUDGETED: $500,000.00 Community Transportation Funds
FUNDING SOURCE (Dept./Page in CIP & Budget): Community Transportation Funds -
$500,000.00, Account No.: 203-12-99-99-000-
54031.
STAFF RECOMMENDATION:
Award the additional work of regrading and repaving the American Legion, Walter L. Fox Post #2
parking lot to Grassbuster’s Landscaping Company, Inc. for the City of Dover FY 2021B Street and
Alley Program in the amount of $201,284.00 for a total project cost of $582,367.00.
BACKGROUND AND ANALYSIS:
On June 28, 2021, City of Dover City Council awarded the FY 2021B Street and Alley Program to
Grassbuster’s Landscaping, Inc. This program consisted of projects funded through the assistance of local
legislators including Senator Bonini, Senator Paradee and Representative Lynn. Projects included in this
program are Edgehill Alley (from East Division Street to East Loockerman Street), Fairview Avenue
(from William Street to Columbia Avenue), Lakewood Place (from William Street to Columbia Avenue),
Shotgun Alley (from Bank Lane to West Water Street) and Turnberry Drive (from end to end).
An additional project request has been made through Senator Paradee’s office to regrade and repave the
American Legion, Walter L. Fox Post #2 parking lot. As this project would be funded through Community
Transportation Funds it is proposed to be an add-on to the FY 2021B Program which is also being funded
through Community Transportation funds. The City has received the agreement from this State in order
to start the execution process. With Council approval, and once the fully executed agreement is received,
•
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Page 49
D
a Notice to Proceed can be issued for the project. Staff recommends awarding the additional work to
Item 9.
Grassbuster’s Landscaping Company, Inc. for the City of Dover FY2021B Street and Alley Program in
the amount of $201,284.00 for a total project cost of $582,367.00.
In order to be eligible to for CTF money, the American Legion had to record an easement with the Kent
County Recorder of Deeds granting public access to their parking lot.
•
49
Page 50
Exhibit A
D
Item 9.
STATE OF DELAWARE
DEPARTMENT OF TRANSPORTATION
800 BAY ROAD
P . O . llox 778
DOV R, D LAWAR 19903
Nicole Majeski
secretary
October 07, 2021
Mr. Matthew C. Harline
Interim City Manager
City of Dover
P. O. Box 475
Dover, DE 19903-0475
Dear Mr. Harline:
Enclosed is a copy of the proposed agreement # 22-P-PROG-29 pertaining to the transfer
of $201,684 from the Delaware Department of Transportation to City of Dover for the parking
lot improvements project as outlined in the referenced agreement.
After reviewing the agreement and finding it to be satisfactory, please sign and return the
agreement to me via attachment to email at the email address below. After our execution of the
agreement, we will return one (1) original to you. Please do not commence work until you
receive the fully executed agreement.
Please feel free to contact me if you have any additional questions or concerns at
760-2759. Thank you for your assistance with this matter.
Sincerely,
Geri C. Larson
Legislative Projects Manager
Statewide Support Services
(302) 760-2759
Geri.Larson@delaware.gov
GCL
Enclosure
.De/DOT~ 50
Page 51
Exhibit B
D
Item 9.
MISCELLANEOUS TRANSPORTATION PROJECTS
CITY OF DOVER
KENT COUNTY
AGREEMENT
This MISCELLANEOUS TRANSPORTATION PROJECTS CITY OF DOVER KENT
COUNTY AGREEMENT (“the AGREEMENT”) made this _________ day of _______ 2021 by and
between the state of Delaware, Department of Transportation, acting by and through the Community
Transportation Fund (CTF) Coordinator, (hereinafter referred to as “DelDOT”), and the City of Dover,
acting by and through Matthew C. Harline, Interim City Manager (hereinafter referred to as “CITY”)-.
WHEREAS, DelDOT’s Annual Capital Improvement Program as approved in the FY22 Bond
Bill, provides funding in the amount of Two Hundred One Thousand Six Hundred Eighty Four Dollars
($201,684) for the following Miscellaneous Transportation Parking Lot Improvements Project:
1. $201,684 City Of Dover-American Legion - Walter Fox Post 2 - 835 S Bay
Rd, Dover, DE
19901 From American Legion Walter Fox Post To American
Legion Walter Fox
Post 2 (Paradee)
(hereinafter the “PROJECT”)
WHEREAS, the purpose of these funds is to provide for improvements to transportation related
projects dedicated to public use in the CITY, and
WHEREAS, these improvements fall within the jurisdictional provinces of CITY rather than
DelDOT,
NOW THEREFORE, DelDOT and CITY, in consideration of the mutual promises made below
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
agree and contract as follows:
SECTION I
CITY shall be fully responsible for complying with all relevant state, federal and local laws, for
example Americans with Disability Act compliance and federal requirements in relation to railroad
crossings.
SECTION II
CITY agrees to the following terms:
Page 1 of 3 DelDOT Form Control #22-P-PROG-29
• 51
Page 52
Exhibit B
D
Item 9.
A. DelDOT is not responsible for the maintenance of the improvements which are
the subject of this AGREEMENT.
B. These funds will only be expended for the PROJECT previously noted in this
AGREEMENT. Any changes to the scope of work, location or cost of the
PROJECT will require an amendment to the AGREEMENT.
C. CITY will comply with the CITY charter or ordinances regarding advertising
and awarding of contracts. If there are no such provisions, CITY will comply
with state procurement laws for the PROJECT. Prevailing wage rates under 29
Del.C. Section 6960 are generally not required when using Community
Transportation Funds. If the Community Transportation Funds are combined
with funds that require prevailing wage rates, then prevailing wage rates must be
used. It is the obligation of CITY to determine whether or not prevailing wage
rates must be used on this PROJECT.
D. DelDOT will forward the fully executed AGREEMENT once DelDOT has
established a purchase order. Receipt of the fully executed AGREEMENT will
act as Notice to Proceed. The balance of the funding for the PROJECT will be
transferred to CITY once DelDOT has received sufficient documentation to
support payment. CITY shall bill DelDOT on a regular schedule.
E. CITY will maintain accurate records of the expenditure of these funds by
separate fiscal years and will advise DelDOT in writing when the PROJECT is
completed and return any unused funds to DelDOT within 90 days of completion
of the PROJECT. All records pertaining to the PROJECT listed in this
AGREEMENT must be kept until a final audit has been performed.
F. DelDOT may audit expenditures subject to this AGREEMENT.
SECTION III
A. This AGREEMENT constitutes the entire AGREEMENT and understanding of
DelDOT and CITY hereto and supersedes all prior agreements and
understandings with respect to the PROJECT.
B. No amendment of this AGREEMENT or the terms thereof will be binding upon
CITY or DelDOT unless the same is in writing, dated subsequent to the date
hereof, and duly executed by CITY and DelDOT.
Page 2 of 3 DelDOT Form Control #22-P-PROG-29
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Exhibit B
D
Item 9.
C. This AGREEMENT may be executed in any number of counterparts and by
CITY and DelDOT in separate counterparts, each of which when so executed
and delivered, will be deemed an original as against any party whose signature
appears thereon, and all of which, when taken together, will constitute one and
the same instrument. Delivery of an executed counterpart of a signature page to
this AGREEMENT by facsimile or electronic mail will be as effective as
delivery of a manually executed counterpart of this AGREEMENT, except that
any party delivering an executed counterpart of this AGREEMENT by facsimile
or electronic mail also must deliver a manually executed counterpart of this
AGREEMENT. Notwithstanding the foregoing, failure to deliver a manually
executed counterpart will not affect the validity, enforceability, and binding
effect of this AGREEMENT.
IN WITNESS THEREOF, the parties hereunto have caused this AGREEMENT to be executed
in quadruplicate, the day and year first above written.
DEPARTMENT OF TRANSPORTATION
Approved as to form: By:
______________________ _______________________
Deputy Attorney General Brian T. Urbanek
CTF Coordinator
CITY OF DOVER
Approved as to form/Witness: By:
_____________________ _______________________
City Solicitor Matthew C. Harline
Interim City Manager
Page 3 of 3 DelDOT Form Control #22-P-PROG-29
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ACTION FORM
D Item 10.
PROCEEDING: Council Committee of the Whole (LF&A) AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 9/17/21
PREPARED BY: Capt. Christopher Hermance / Administrative Division Commander
SUBJECT: Kent County Levy Court Grant
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: Matt Harline, Interim City Manager and Lori Peddicord, Controller/Treasurer
EXHIBITS: Department Grant Application Analysis Form
FY22 Fund 209: $330,000 budgeted
EXPENDITURE REQUIRED: $47,183.09 PROJECT BUDGET: for State & Local Grant Revenues
Funding can be absorbed in State & Local
FUNDING SOURCE (Dept./Page in CIP & Budget):
Grant Revenues Budgeted for FY22
TIMETABLE: Grant purchases will be made in accordance with the City’s Purchasing Policy.
RECOMMENDED ACTION: Approval of the new grant program and the intended purchases.
BACKGROUND
Periodically, the Kent County Levy Court awards grant funding to police agencies in the county. The
funds were awarded to support law enforcement in recognition of the regular support the agencies
provide to the Kent County public safety mission. The last time grant funds were awarded was in
FY15, and $20,173.00 was awarded.
This year’s unanticipated grant funding will be used to supplement existing police programs,
community policing initiatives and training priorities. At the request of Kent County elected
officials, a report of the use of the funds will be produced for their review.
As stated above, these grant funds can be absorbed within the funds budgeted in Fund 209, State
& Local Police Grants, for FY22. However, a budget adjustment may be needed to realign the
revenues budgeted between the accounts affected.
ACTION REQUESTED
The Council Committee of the Whole approve the application for this grant and the subsequent
purchases.
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D Item 10.
Department Grant Application Analysis Form
For Use in Evaluating Grant Opportunities
General Information
Department: Police Staff Contact: Capt Hermance
Grant/Project Title: Kent County Levy Court Grant
Brief Grant/Project Description: Kent County Levy Court Grant program: 47,183.09
Periodically, the Kent County Levy Court awards grant funding to police agencies in the county. The funds are
provided to support supplemental law enforcement requirements. The last time grant funds were awarded was
during FY15, and $20,173.00 was received.
Application Information
Due Date: N/A New [8J Related Grants:
Recurring
•
Anticipated Award Date: 8/3/21 Anticipated Notification Date: 8/3/21
Start Date: 8/3/21 End Date: 6/30/24
Award Amount: $47,183.09 Cash Reimbursement •
Approx. reimbursement turn-a-around time
Council Approval Needed: Yes No • Which apply? Match amount •
(Council approval is needed for grant projects > $25,000, when match amounts equal or Project shortage •
exceed $25,000, or when expressly required by the granting authority.)
Other grant requirement •
Grant/Project Costs
Budget Category Award Amt Match Amt Match Source
Contractual $0.00 $0.00
Equipment/Supplies 47,183.09 0.00 Not Applicable
Indirect Cost (ie, vehicle repairs, mileage, IT, telephone) 0.00 0.00
Personnel 0.00 0.00
Additional Personnel/Overtime (Police Extra Duty) 0.00 0.00
Travel/Training 0.00 0.00
Capital Voicemail System 0.00 0.00
Other (ie, informant/buy money) 0.00 0.00
Total $ 47,183.09 $ 0.00
GRANT TOTAL $ 47,183.09 Award + Match
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Department Grant Application Analysis Form
D
Item 10.
For Use in Evaluating Grant Opportunities
Other Information
1. Are any of this project’s costs included in the City budget?
No, the funding was provided for supplemental law enforcement requirements.
2. Are there any long-term costs or commitments?
None at this time.
3. How will this program/project be funded after the grant expires?
Not Applicable.
4. What is the maximum amount of funds available from this funding source?
Not Applicable
5. If the Department receives only a portion of the amount requested, how will the project be
funded?
Not Applicable.
6. Are there other departments in the City eligible for this funding?
No.
7. Are other departments in the City willing to collaborate on this project?
Not Applicable.
8. Will this project duplicate or compete with other services or programs provided by the City or
other local agency?
No.
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ACTION FORM D Item 11.
PROCEEDING: Council Committee of the Whole - Legislative, Finance & Administration
DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 10/25/21
PREPARED BY: Jeffrey Dill, Budget Analyst
SUBJECT: Project Carry-Forward Budget Balances
REVIEWED BY: Matthew C. Harline, Interim City Manager and Lori Peddicord, Controller/Treasurer
APPROVALS: Council Committee of the Whole
EXHIBITS: Exhibits – Capital Investment Plan Amendments
EXPENDITURE REQUIRED: As per the attached Exhibit & Draft Ordinance
AMOUNT BUDGETED: N/A
TIMETABLE: Upon Council approval
RECOMMENDED ACTION:
Staff recommends approval of the proposed Budget Amendments totaling $9,773,800 for Fiscal
Year 2022 and adoption of Ordinance #2021-24.
The proposed budget amendment includes adjustments to carry forward project balances for ongoing projects.
Also, note revenue adjustments are also included for projects that have carried over and had debt financing or
reserve fund appropriations to partially fund projects. These include capital asset reserves, impact fee
reserves, HVAC project loans, State Revolving Fund Loans, ARPA funds, Bond Bill monies and Parkland
Reserve.
The items above along with the Capital Project carry forward balances total $9,773,800 as follows:
Fund Budget Balance Adjustment
Governmental – Capital Projects Fund $4,886,600
Water – Capital Projects Fund 206,200
Wastewater – Capital Projects Fund 682,800
Electric – Capital Projects Fund 3,998,200
Total $9,773,800
• 57
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Exhibit
D Item 11.
City of Dover
Fiscal Year 2021/2022 Budget
First Amendment
Capital Investment Plan Amendments
Fiscal Year 2021
Original Revised Prior Carry
CIP CIP Fiscal Year FY21 Forward
Project # Title Budget Budget Expenses Balance Balance
FC2001 2020 City Hall Improvements $ 700,000 $ 700,000 $ - 700,000 $ 700,000
Facilities Management $ 700,000 $ 700,000 $ - $ 700,000 $ 700,000
IT2100 Server Life Cycle 52,300 52,300 12,202 40,098 47,500
Information Technologies $ 61,600 $ 61,600 $ 12,202 $ 49,398 $ 47,500
Vehicles $ 25,600 $ 25,600 $ - $ 25,600 $ 25,000
PW2101 Iplan Touch Screen Tables 14,000 14,000 1,858 12,142 300
PW-Engineering $ 39,600 $ 39,600 $ 1,858 $ 37,742 $ 25,300
Vehicles $ 18,600 $ 23,500 $ - $ 23,500 22,600
Inspections $ 18,600 $ 23,500 $ - $ 23,500 $ 22,600
PW2102 Iplan Touch Screen Tables $ 20,400 $ 15,500 $ 3,716 $ 11,784 $ 500
Planning $ 20,400 $ 15,500 $ 3,716 $ 11,784 $ 500
PR1900 Park Maintenance Facility - 74,900 70,758 4,142 4,400
PR2002 Dover Park Can-Do - 195,000 201,720 (6,720) 48,300
PR2100 2021 Dover Park Improvements 310,000 310,000 - 310,000 310,000
Parks & Rec $ 395,000 $ 1,062,300 $ 284,311 $ 777,989 $ 362,700
Vehicles $ 92,700 $ 92,700 $ 31,217 61,483 44,400
PD2103 PD Cooling Tower & Pump Replacement 319,300 319,300 209,493 109,807 16,900
Police Dept $ 912,400 $ 986,800 $ 779,672 $ 207,128 $ 61,300
CS2101 2021 Warehouse Improvements $ 25,000 $ 325,000 $ 31,492 $ 293,508 $ 287,800
Procurement $ 25,000 $ 325,000 $ 31,492 $ 293,508 $ 287,800
ST2108 Vehicles $ - $ 180,700 $ 160,895 $ 19,805 $ 9,000
ST2003 Meeting House Branch Improvement - 976,400 $ 85,671 890,729 873,000
ST2007 Operations Yard Relocation & Imp. - 265,100 265,100 265,100
ST2101 FY21 Street & Alley Program $ 936,000 $ 1,776,700 241,916 1,534,784 1,508,900
Streets Division $ 936,000 $ 3,209,400 $ 516,481 $ 2,692,919 $ 2,656,000
Vehicles $ 475,200 $ 475,200 $ - $ 475,200 $ 468,800
Sanitation $ 475,200 $ 475,200 $ - $ 475,200 $ 468,800
ST2004 Mirror Lake Drainage Basin Improvements - 75,000 13,600 61,400 61,400
ST2005 East Lake Garden Basin Improvements - 80,000 17,800 62,200 62,200
ST2006 West street Flooding Improvements - 14,000 1,725 12,275 12,300
ST2009 Persimmon Park Place Drainage - 47,800 23,330 24,470 23,700
SW2102 Barn Door Replacement 20,000 34,700 239 34,461 34,500
SW2105 West Street Flooding Improvements 60,000 60,000 - 60,000 60,000
Stormwater Division $ 1,110,700 $ 1,342,200 $ 91,393 $ 1,250,807 $ 254,100
Total General Capital Project Fund $ 4,867,800 $ 8,539,559 $ 2,001,354 $ 6,538,205 $ 4,886,600
• 58
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Exhibit
D Item 11.
City of Dover
Fiscal Year 2021/2022 Budget
First Amendment
Capital Investment Plan Amendments
Fiscal Year 2021
Original Revised Prior Carry
CIP CIP Fiscal Year FY21 Forward
Project # Title Budget Budget Expenses Balance Balance
WD2101 Wellhead Redevelopment Program 140,000 198,600 182,477 16,100 16,100
WD2102 iPlan Touch Screen Tables 20,400 1,900 929 1,000 200
WD2103 General Foods Tank Maintenance - 583,615 525,253 58,400 58,400
WQ2101 Water Quality Improvments 980,500 634,891 468,125 166,800 131,500
Water Division $ 1,225,900 $ 2,368,620 $ 2,142,249 $ 226,400 $ 206,200
WW1906 Meeting House Branch Sewer Repair - 213,100 172,998 40,100 40,100
WW2001 Inflow/Infiltration Removal - - 97,187 (97,200) 38,200
WW2003 Puncheon Run PS Improvement - 671,700 658,980 12,700 12,700
WW2101 Inflow/Infiltration Removal 800,000 800,000 - 800,000 587,600
WW2103 College Road Pump Station Replacement 75,000 19,100 16,542 2,600 2,600
WW2105 Turnberry Pump Station Replacement 10,000 8,900 7,500 1,400 1,400
WW2106 iPlan Touch Screen Tables $ 14,000 $ 1,300 $ 929 $ 371 $ 200
Wastewater Division $ 1,099,000 $ 2,128,050 $ 1,362,744 $ 765,254 $ 682,800
Total Water/Wastewater I & E Fund $ 2,324,900 $ 4,496,670 $ 3,504,993 $ 991,654 $ 889,000
Trucks 250,000 443,100 27,680 415,420 415,400
Transmission & Distribution $ 1,100,000 $ 1,293,100 $ 754,521 $ 538,579 $ 415,400
EE2005 College Rd Consolidation 110,000 110,000 45,159 64,841 75,000
EE2016 Garrison Oak Technology Park 750,000 749,700 150,621 599,079 599,100
EE2106 Capitol Green Secondary 33,000 33,000 23,639 9,361 9,400
EE2110 Division St Overhead Upgrade 85,000 85,000 71,609 13,391 13,400
EE2113 ArcFM Migration 160,000 160,000 63,000 97,000 97,000
EE2114 iPLan Touch Screen 20,400 20,400 3,716 16,684 500
Engineering Division 2,968,900 2,706,600 1,364,433 1,342,167 794,400
EA2101 Reed Street Shingled Roof $ 300,000 $ 299,900 $ 114,779 $ 185,121 $ 185,100
EA2103 2021 Electric Admin. Facility Improvments 25,000 25,000 2,578 22,422 22,400
EE2009 2020 Electric Utility Facility Improvements - 457,000 114,250 342,750 342,800
EE2101 Reed Street IT Room Generator 20,000 20,000 2,400 17,600 52,600
Electric Admin 360,000 2,064,400 317,794 1,746,606 602,900
EG2102 Plant Decomishoning 1,000,000 1,000,000 54,769 945,231 990,900
EG2104 McKee Run Unit 3 Auxillary System Components - 60,000 14,916 45,084 28,200
EG2105 VanSant Exciter Replacement - 172,000 59,033 112,967 109,700
Electric Generation 1,267,000 1,301,700 159,405 1,142,295 1,128,800
FN1701 Purchase of ERP System $ 1,244,800 $ 1,244,800 $ 188,110 $ 1,056,690 $ 1,056,700
Total Electric I & E Fund $ 6,940,700 $ 8,610,600 $ 2,784,263 $ 5,826,337 $ 3,998,200
• 59
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CITY OF DOVER ORDINANCE # 2021-24
2021-2022 BUDGET ORDINANCES
D Item 11.
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
2 The amount hereinafter named aggregating Fifty-Six Million Two Hundred Ninety-Nine Thousand Five
3 Hundred dollars ($56,299,500) or so much thereof as may be necessary are hereby appropriated from
4 current revenues and other funds for the use by several departments of the Municipal Government
5 for the fiscal year beginning July 1, 2021 and ending June 30, 2022:
6 GENERAL FUND
7 CASH RECEIPT SUMMARY FOR 2021-2022
8 2020/21 2021/22 2021/22
9 REVISED BUDGET REVISED
10 BEGINNING BALANCE $ 6,468,000 $ 5,546,400 $ 5,546,400
11 RECEIPTS
12 FINES AND POLICE REVENUE 572,800 630,300 630,300
13 LIBRARY REVENUES 123,400 142,100 142,100
14 KENT COUNTY BOOK REIMBURSEMENT 245,000 250,000 250,000
15 BUSINESS LICENSES 1,470,000 1,500,000 1,500,000
16 PERMITS AND OTHER FEES 1,446,000 1,400,000 1,400,000
17 MISCELLANEOUS RECEIPTS 30,000 10,000 134,000
18 POLICE EXTRA DUTY 595,000 370,000 370,000
19 PROPERTY TAXES 14,885,800 15,267,700 15,267,700
20 RECREATION REVENUE 135,000 110,000 110,000
21 FRANCHISE FEE 645,000 600,000 600,000
22 SANITATION FEES 3,090,600 3,421,000 3,421,000
23 RENT REVENUE - GARRISON FARM 105,000 105,000 105,000
24 COURT OF CHANCERY FEES 1,440,000 1,400,000 1,400,000
25 INVESTMENT INCOME 140,000 90,000 90,000
26 RECEIPTS SUBTOTAL 24,923,600 25,296,100 25,420,100
27 INTERFUND SERVICE RECEIPTS
28 INTERFUND SERVICE RECEIPTS GENERAL GOV 1,370,700 1,362,000 1,362,000
29 INTERFUND SERVICE RECEIPTS PUBLIC WORKS 782,000 617,000 617,000
30 INTERFUND SERVICE RECEIPTS CENT SRVCS 842,100 835,700 835,700
31 INTERFUND SERVICE RECEIPTS FIN ADMIN 2,597,900 2,536,300 2,536,300
32 INTERFUND SERVICE RECEIPTS SUBTOTAL 5,592,700 5,351,000 5,351,000
33 GRANTS:
34 POLICE EXTRA DUTY 155,000 130,000 130,000
35 POLICE GRANTS FUND - 308,900 308,900
36 POLICE PENSION GRANT 500,000 500,000 500,000
37 GREEN ENERGY GRANT 98,500 98,500 98,500
38 MISC GRANT REVENUE 102,274 595,000 4,394,600
39 GRANTS SUBTOTAL 855,774 1,632,400 5,432,000
40 TRANSFERS FROM:
41 TRANSFER TAX 1,433,500 1,400,000 1,400,000
42 MUNICIPAL STREET AID 750,000 750,000 750,000
43 CIVIL TRAFFIC PENALTIES 445,000 400,000 400,000
44 WATER/WASTEWATER 1,000,000 1,000,000 1,000,000
45 ELECTRIC 10,000,000 11,000,000 11,000,000
46 TRANSFERS FROM SUBTOTAL 13,628,500 14,550,000 14,550,000
47 TOTAL REVENUES 45,000,574 46,829,500 50,753,100
48 TOTAL BEGINNING BALANCE & REVENUE $ 51,468,574 $ 52,375,900 $ 56,299,500
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50
2021-2022 BUDGET ORDINANCES
GENERAL FUND - EXPENDITURES AND BUDGET BALANCE FOR 2020-2021
D Item 11.
51 2020/21 2021/22 2021/22
52 DEPARTMENT EXPENSES REVISED BUDGET REVISED
53 CITY CLERK $ 511,891 $ 535,800 $ 535,800
54 COUNCIL 156,600 190,800 190,800
55 TAX ASSESSOR 238,400 263,800 263,800
56 PLANNING 662,700 642,000 642,000
57 CITY MANAGER 991,800 920,100 920,100
58 HUMAN RESOURCES 529,200 600,200 600,200
59 MAYOR 221,700 222,800 222,800
60 FIRE 769,900 797,200 797,200
61 LIFE SAFETY 434,974 472,300 482,300
62 CODE ENFORCEMENT 815,000 654,100 654,100
63 INSPECTIONS 595,800 651,200 651,200
64 POLICE 17,819,900 18,544,700 18,619,700
65 POLICE EXTRA DUTY 750,000 541,400 541,400
66 PUBLIC WORKS - ADMINISTRATION 603,400 587,200 587,200
67 STREETS 689,700 636,000 636,000
68 SANITATION 2,553,425 2,564,800 2,564,800
69 GROUNDS MAINTENANCE 1,456,600 1,487,500 1,487,500
70 STORMWATER 639,900 774,100 774,100
71 FACILITIES MANAGEMENT 655,800 837,000 837,000
72 PUBLIC WORKS - ENGINEERING 294,900 181,100 181,100
73 LIBRARY 1,821,600 1,859,900 1,859,900
74 RECREATION 1,129,700 1,191,500 1,191,500
75 PROCUREMENT & INVENTORY 730,284 738,600 738,600
76 FLEET MAINTENANCE 924,600 906,500 906,500
77 INFORMATION TECHNOLOGY 912,800 738,500 738,500
78 FINANCE 992,700 932,100 932,100
79 CUSTOMER SERVICE 1,107,600 1,048,300 1,048,300
80 DEPARTMENT SUBTOTALS 39,010,874 39,519,500 39,604,500
81 OTHER EXPENSES
82 DEBT SERVICE 462,200 632,000 632,000
83 CONTRIBUTION TO DDP 150,000 150,000 150,000
84 MISCELLANEOUS GRANT RELATED EXP 100,000 - -
85 INSURANCE 848,000 1,050,000 1,050,000
86 RETIREES HEALTH CARE 2,045,400 2,156,000 2,156,000
87 BANK & CREDIT CARD FEES 27,000 30,000 30,000
88 UNCOLLECTIBLES - TRASH AND OTHER 100,000 - -
89 STREET LIGHTS 815,000 800,000 800,000
90 OTHER EXPENSE SUBTOTAL 4,547,600 4,818,000 4,818,000
91 TRANSFERS
92 TRANSFER TO CAPITAL FUND - PROJECTS 2,078,100 3,025,900 3,099,600
93 APPROP. TO THE POLICE PENSION FUND 435,100 435,100 435,100
94 APPROP. POLICE PENSION - STATE GRANT 500,000 500,000 500,000
95 TRANSFER TO ELECTRIC FUND (ERP) - 25,000 25,000
96 TRANSFER TO LIBRARY GRANT FUND 1,100 -
96 TRANSFERS SUBTOTAL 3,014,300 3,986,000 4,059,700
97 TOTAL EXPENDITURES 46,572,774 48,323,500 48,482,200
98 CURRENT YEAR BALANCE 4,895,800 4,052,400 7,817,300
99 TOTALS $ 51,468,574 $ 52,375,900 $ 56,299,500
100 The City Manager is hereby authorized, without further approval of the City Council, to make
101 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
102 department with the exception of any transfers prohibited by City Procedure #F306.
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103
104
CITY OF DOVER ORDINANCE # 2021-24
GOVERNMENTAL CAPITAL PROJECTS FUND
D Item 11.
105 REVENUES AND BUDGET FOR 2021-2022
106 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
107 The amount hereinafter named aggregating Thirteen Million Five Hundred and Eight Thousand Four Hundred
108 dollars ($13,508,400) or so much thereof as may be necessary are hereby appropriated from current revenues
109 and other funds for the use by several departments of the Municipal Government for the fiscal year
110 beginning July 1, 2021 and ending June 30, 2022:
111 REVENUES
112 2020/21 2021/22 2021/22
113 REVISED ADOPTED REVISED
114 BEGINNING BALANCE - PROJECTS $ 3,221,500 $ 3,331,500 $ 6,855,100
115 REVENUES
116 MISCELLANEOUS RECIEPTS - - 203,900
117 STATE GRANTS - Other 1,440,000 1,333,000 1,381,300
118 POLICE GRANTS - 23,800 23,800
119 BUDGET BOND/BANK PROCEEDS 1,498,300 - 1,004,700
120 TRANSFER FROM GENERAL FUND 2,078,100 3,025,900 3,099,600
121 TRANSFER FROM PARKLAND RESERVE - 490,000 800,000
122 TRANSFER FROM CAPITAL ASSET RESERVE 346,400 140,000 140,000
123 SUBTOTAL PROJECT RECEIPTS 5,362,800 5,012,700 6,653,300
124 TOTAL FUNDING SOURCES 5,362,800 5,012,700 6,653,300
125 TOTAL BEGINNING BALANCE AND REVENUES $ 8,584,300 $ 8,344,200 $ 13,508,400
126 EXPENSE SUMMARY
127 2020/21 2021/22 2021/22
128 EXPENDITURES REVISED ADOPTED REVISED
129 FIRE $ 169,700 $ 250,300 $ 250,300
130 GROUNDS - 125,000 125,000
131 LIBRARY 23,500 25,000 25,000
132 RECREATION 904,000 756,000 1,118,700
133 LIFE SAFETY 67,500 - -
134 CODE ENFORCEMENT 37,800 50,300 -
135 PLANNING 15,500 - 500
136 INSPECTIONS 23,500 25,100 47,700
137 POLICE 986,800 526,000 711,300
138 STREETS 3,209,400 506,000 3,153,600
139 STORMWATER 1,342,200 2,546,200 3,012,600
140 SANITATION 475,200 166,200 635,000
141 INFORMATION TECHNOLOGY 61,600 36,600 84,100
142 FACILITIES MANAGEMENT 700,000 - 700,000
143 PUBLIC WORKS - ENGINEERING 39,600 - 25,300
144 PROCUREMENT & INVENTORY 325,000 - 287,800
145 DEPARTMENT SUBTOTAL 8,381,300 5,012,700 10,176,900
146 TOTAL EXPENDITURES 8,381,300 5,012,700 10,176,900
147 BUDGET BALANCE 203,000 3,331,500 3,331,500
148 TOTAL BUDGET BALANCE & EXPENDITURES $ 8,584,300 $ 8,344,200 $ 13,508,400
149 The City Manager is hereby authorized, without further approval of the City Council, to make
150 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
151 department with the exception of any transfers prohibited by City Procedure #F306.
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152
153
CITY OF DOVER ORDINANCE # 2021-24
WATER FUND
D Item 11.
154 REVENUES AND BUDGET FOR 2021-2022
155 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
156 The amount hereinafter named aggregating Seven MillionNine Hundred Ninety-One Thousand One
157 Hundred dollars ($7,991,100) or so much thereof as may be necessary are hereby appropriated from
158 current revenues and other funds for the use by several departments of the Municipal Government for
159 the fiscal year beginning July 1, 2021 and ending June 30, 2022:
160 2020/21 2021/22 2021/22
178 REVISED BUDGET REVISED
179 BEGINNING BALANCE - WATER $ 1,548,600 $ 642,000 $ 642,000
180 TOTAL BEGINNING BALANCES 1,548,600 642,000 642,000
181 BASE REVENUE
182 STATE GRANT 71,800 - -
183 WATER SERVICES 6,231,700 6,353,800 6,353,800
184 WATER TANK SPACE LEASING 420,100 436,700 436,700
185 WATER IMPACT FEES 570,000 420,000 420,000
186 INTEREST - WATER 34,000 34,000 34,000
187 MISCELLANEOUS SERVICE FEE 67,800 104,600 104,600
188 TOTAL REVENUES 7,395,400 7,349,100 7,349,100
189 TOTAL BEGINNING BALANCES AND REVENUES $ 8,944,000 $ 7,991,100 $ 7,991,100
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190
191
2021-2022 BUDGET ORDINANCES
WATER FUND - EXPENSES AND BUDGET BALANCE FOR 2019-2020
D Item 11.
192 2020/21 2021/22 2021/22
193 DIRECT EXPENSES REVISED BUDGET REVISED
194 ENGINEERING & INSPECTION $ 431,180 $ 294,400 $ 294,400
195 WATER DEPARTMENT 640,600 676,300 $ 676,300
196 WATER TREATMENT PLANT 1,938,940 2,370,600 $ 2,370,600
197 DIRECT EXPENDITURE SUBTOTAL 3,010,720 3,341,300 3,341,300
198 OTHER EXPENSES
199 DEBT SERVICE - WATER 762,800 762,800 762,800
200 RETIREES HEALTH CARE 176,900 192,000 192,000
201 INTERFUND SERVICE FEES 1,033,200 967,600 967,600
202 BANK & CREDIT CARD FEES 20,000 27,000 27,000
203 OTHER EXPENSES SUBTOTAL 1,992,900 1,949,400 1,949,400
204 TRANSFER TO:
205 GENERAL FUND FROM WATER 500,000 500,000 500,000
206 WATER IMP AND EXT 1,622,080 1,148,600 1,148,600
207 ELECTRIC IMP AND EXT - 25,000 25,000
208 TRANSFER TO SUBTOTAL 2,122,080 1,673,600 1,673,600
209 TOTAL EXPENSES 7,125,700 6,964,300 6,964,300
210 BUDGET BALANCES
211 BUDGET BALANCE WATER 1,818,300 1,026,800 1,026,800
212 BUDGET BALANCE SUBTOTALS 1,818,300 1,026,800 1,026,800
213 TOTAL CURRENT YEAR BALANCES AND EXPENSES $ 8,944,000 $ 7,991,100 $ 7,991,100
214 The City Manager is hereby authorized, without further approval of the City Council, to make
215 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
216 department with the exception of any transfers prohibited by City Procedure #F306.
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217
218
CITY OF DOVER ORDINANCE # 2021-24
WASTEWATER FUND
D Item 11.
219 REVENUES AND BUDGET FOR 2021-2022
220 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
221 The amount hereinafter named aggregating Twelve Million One Hundred Forty-Two Thousand Eight
222 Hundred dollars ($12,142,800) or so much thereof as may be necessary are hereby appropriated from
223 current revenues and other funds for the use by several departments of the Municipal Government for
224 the fiscal year beginning July 1, 2021 and ending June 30, 2022:
225 2020/21 2021/22 2021/22
226 REVISED BUDGET REVISED
227 BEGINNING BALANCE - WASTEWATER 743,200 1,672,200 1,672,200
228 TOTAL BEGINNING BALANCES 743,200 1,672,200 1,672,200
229 BASE REVENUE
230 WASTEWATER SERVICES 4,467,500 4,709,500 4,709,500
231 WASTEWATER TREATMENT SERVICES 3,275,100 3,275,100 3,275,100
232 GROUNDWATER INFLOW ADJUSTMENT 2,040,400 2,023,100 2,023,100
233 WASTEWATER IMPACT FEES 480,000 380,000 380,000
234 STATE GRANT - WASTEWATER - 62,700 62,700
235 INTEREST - WASTEWATER 20,000 20,000 20,000
236 MISCELLANEOUS SERVICE FEE 1,300 200 200
237 TOTAL REVENUES 10,284,300 10,470,600 10,470,600
238 TOTAL BEGINNING BALANCES AND REVENUES $ 11,027,500 $ 12,142,800 $ 12,142,800
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239
240
2021-2022 BUDGET ORDINANCES
WASTEWATER FUND - EXPENSES AND BUDGET BALANCE FOR 2019-2020
D Item 11.
241 2020/21 2021/22 2021/22
242 DIRECT EXPENSES REVISED BUDGET REVISED
243 ENGINEERING & INSPECTION $ 278,100 $ 393,700 $ 393,700
244 WASTEWATER DEPARTMENT 1,092,200 1,112,500 1,112,500
245 DIRECT EXPENDITURE SUBTOTAL 1,370,300 1,506,200 1,506,200
246 OTHER EXPENSES
247 DEBT SERVICE - WASTEWATER 659,900 659,900 659,900
248 RETIREES HEALTH CARE 81,500 93,000 93,000
249 KENT COUNTY TREATMENT CHARGE 4,763,250 4,302,900 4,302,900
250 INTERFUND SERVICE FEES 782,000 736,000 736,000
251 BANK & CREDIT CARD FEES 10,000 12,000 12,000
252 OTHER EXPENSES SUBTOTAL 6,296,650 5,803,800 5,803,800
253 TRANSFER TO:
254 GENERAL FUND FROM WASTEWATER 500,000 500,000 500,000
255 WASTEWATER IMP AND EXT 801,850 799,200 799,200
ELETRIC FUND (ERP) - 25,000 25,000
256 TRANSFER TO SUBTOTAL 1,301,850 1,324,200 1,324,200
257 TOTAL EXPENSES 8,968,800 8,634,200 8,634,200
258 BUDGET BALANCES
259 BUDGET BALANCE WASTEWATER 2,058,700 3,508,600 3,508,600
260 BUDGET BALANCE SUBTOTALS 2,058,700 3,508,600 3,508,600
261 TOTAL CURRENT YEAR BALANCES AND EXPENSES $ 11,027,500 $ 12,142,800 $ 12,142,800
262 The City Manager is hereby authorized, without further approval of the City Council, to make
263 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
264 department with the exception of any transfers prohibited by City Procedure #F306.
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265
266
CITY OF DOVER ORDINANCE # 2021-24
WATER IMPROVEMENT & EXTENSION FUND
D Item 11.
267 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
268 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
269 The amount hereinafter named aggregating Seven Million Eight Thousand Seven Hundred
270 dollars ($7,008,700) or so much thereof as may be necessary are hereby appropriated from
271 current revenues and other funds for the use by several departments of the Municipal
272 Government for the fiscal year begining July 1, 2021 and ending June 30, 2022:
273 CASH RECEIPTS
274 2020/21 2021/22 2021/22
275 REVISED BUDGET REVISED
276 BEGINNING BALANCE - WATER $ 5,292,564 $ 4,896,200 $ 5,102,400
277 TOTAL BEGINNING BALANCES 5,292,564 4,896,200 5,102,400
278 REVENUES
279 TRANS FR OPERATING FUND - WATER 1,622,080 1,148,600 1,148,600
280 TRANSFER FR WATER IMPACT FEE 70,100 707,700 707,700
281 INTEREST INCOME 50,000 50,000 50,000
282 TOTAL REVENUES 1,742,180 1,906,300 1,906,300
283 TOTAL BEGINNING BALANCES & REVENUES $ 7,034,744 $ 6,802,500 $ 7,008,700
284 EXPENSE SUMMARY
285 2020/21 2021/22 2021/22
286 EXPENSES REVISED BUDGET REVISED
287 ENGINEERING $ 1,900 $ - $ -
288 WATER 1,518,301 1,729,000 1,729,000
289 WATER TREATMENT PLANT 882,679 177,300 383,500
290 TOTAL EXPENSES 2,402,880 1,906,300 2,112,500
291 BUDGET BALANCE - WATER 4,631,864 4,896,200 4,896,200
292 CURRENT YEAR BALANCE SUBTOTALS 4,631,864 4,896,200 4,896,200
293 TOTAL BUDGET BALANCES & EXPENSES $ 7,034,744 $ 6,802,500 $ 7,008,700
294 The City Manager is hereby authorized, without further approval of the City Council, to make
295 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
296 department with the exception of any transfers prohibited by City Procedure #F306.
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297
298
CITY OF DOVER ORDINANCE # 2021-24
WASTEWATER IMPROVEMENT & EXTENSION FUND
D Item 11.
299 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
300 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
301 The amount hereinafter named aggregating Two Million Six Hundred Fifty-Five Thousand
302 Two hundred dollars ($2,655,200) or so much thereof as may be necessary are hereby appropriated
303 current revenues and other funds for the use by several departments of the Municipal Government for
304 from the fiscal year begining July 1, 2021 and ending June 30, 2022:
305 CASH RECEIPTS
306 2020/21 2021/22 2021/22
307 REVISED BUDGET REVISED
308 BEGINNING BALANCE - WASTEWATER $ 750,200 $ 892,700 $ 1,575,500
309 REVENUES
310 STATE LOAN FUND - WASTEWATER 675,000 - 248,500
311 TRANS FR OPERATING FUND - WW 801,850 799,200 799,200
312 TRANSFER FR WASTEWATER IMPACT FEE 31,600 22,000 22,000
313 INTEREST INCOME 10,000 10,000 10,000
314 TOTAL REVENUES 1,518,450 831,200 1,079,700
315 TOTAL BEGINNING BALANCES & REVENUES $ 2,268,650 $ 1,723,900 $ 2,655,200
316 EXPENSE SUMMARY
317 2020/21 2021/22 2021/22
318 EXPENSES REVISED BUDGET REVISED
319 ENGINEERING $ 1,300 $ - $ 200
320 WASTEWATER 2,067,350 831,200 1,513,800
321 TOTAL EXPENSES 2,068,650 831,200 1,514,000
322 BUDGET BALANCE - WASTEWATER 200,000 892,700 1,141,200
323 CURRENT YEAR BALANCE SUBTOTALS 200,000 892,700 1,141,200
324 TOTAL BUDGET BALANCES & EXPENSES $ 2,268,650 $ 1,723,900 $ 2,655,200
325 The City Manager is hereby authorized, without further approval of the City Council, to make
326 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
327 department with the exception of any transfers prohibited by City Procedure #F306.
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328
329
CITY OF DOVER ORDINANCE # 2021-24
ELECTRIC REVENUE FUND
D Item 11.
330 REVENUES AND BUDGET FOR 2021-2022
331 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
332 The amount hereinafter named aggregating Ninety-Two Million Seven Hundred Seventy-Four Thousand Eight Hundred
333 dollars ($92,774,800) or so much thereof as may be necessary are hereby appropriated from
334 current revenues and other funds for the use by several departments of the Municipal Government for
335 the fiscal year beginning July 1, 2021 and ending June 30, 2022:
336 2020/21 2021/22 2021/22
337 REVISED BUDGET REVISED
338 BEGINNING BALANCE $ 16,658,000 $ 10,913,400 $ 10,913,400
339 DISTRIBUTION OF EARNINGS - PCA CREDIT (5,246,100) (5,196,000) (5,196,000)
340 BEGINNING BALANCE - ADJUSTED 11,411,900 5,717,400 5,717,400
341 BASE REVENUE
342 DIRECT SALES TO CUSTOMER 80,417,400 81,960,900 81,960,900
343 UTILITY TAX 1,245,100 1,271,500 1,271,500
344 MISCELLANEOUS REVENUE 640,000 538,000 538,000
345 RENT REVENUE - 110,000 110,000
346 GREEN ENERGY 127,000 127,000 127,000
347 INTEREST EARNINGS 157,400 175,000 175,000
348 TRANSFER FROM RATE STABILIZATION 2,500,000 2,800,000 2,800,000
349 TRANSFER FROM OTHER FUNDS (ERP) - 75,000 75,000
350 TOTAL REVENUES 85,086,900 87,057,400 87,057,400
351 TOTAL BEGINNING BALANCE & REVENUES $ 96,498,800 $ 92,774,800 $ 92,774,800
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352
353
2021-2022 BUDGET ORDINANCES
ELECTRIC REVENUE FUND EXPENSES AND BUDGET BALANCE FOR 2018-2019
D Item 11.
354 2020/21 2021/22 2021/22
355 EXPENSES REVISED BUDGET REVISED
356 POWER SUPPLY $ 19,715,300 $ 19,773,200 $ 19,773,200
357 SOLAR ENERGY 3,401,100 3,237,300 3,237,300
358 SOLAR RENEWAL ENERGY CREDITS 384,100 409,600 409,600
359 POWER SUPPLY MANAGEMENT 634,800 634,800 634,800
360 REC'S (Renewable Energy Credits) 614,600 1,300,000 1,300,000
361 RGGI (Regional Greenhouse Gas Init.) 12,300 33,700 33,700
362 PJM CHARGES - ENERGY 5,864,400 5,508,400 5,508,400
363 PJM CHARGES - TRANSMISSION & FEES 8,391,800 6,772,100 6,772,100
364 CAPACITY CHARGES 15,048,100 13,322,900 13,322,900
365 SUB-TOTAL POWER SUPPLY 54,066,500 50,992,000 50,992,000
366 PLANT OPERATIONS 4,706,100 2,219,500 2,219,500
367 GENERATIONS FUELS 590,900 300,200 300,200
368 PJM SPOT MARKET ENERGY (808,300) (366,200) (366,200)
369 PJM CREDITS (369,400) (87,000) (87,000)
370 CAPACITY CREDITS (12,191,700) (5,411,200) (5,411,200)
371 GENERATION SUBTOTAL (8,072,400) (3,344,700) (3,344,700)
372 POWER SUPPLY & GENERATION SUBTOTAL 45,994,100 47,647,300 47,647,300
373 DIRECT EXPENDITURES
374 TRANSMISSION/DISTRIBUTION 4,010,600 4,127,400 4,127,400
375 ELECTRICAL ENGINEERING 1,381,400 1,419,600 1,419,600
376 ADMINISTRATION 707,400 910,100 910,100
377 METER READING 375,300 389,400 389,400
378 SYSTEMS OPERATIONS 871,100 942,200 942,200
379 DIRECT EXPENDITURE SUBTOTALS 7,345,800 7,788,700 7,788,700
380 OTHER EXPENSES:
381 UTILITY TAX 1,245,100 1,271,500 1,271,500
382 ALLOW FOR UNCOLLECTIBLES 300,000 300,000 300,000
383 CONTRACTUAL SERVICES - RFP'S - 60,000 60,000
384 LEGAL EXPENSES 90,000 50,000 50,000
385 RETIREES HEALTH CARE 789,600 843,500 843,500
386 GREEN ENERGY PAYMENT TO DEMEC 127,000 127,000 127,000
387 INTERFUND SERVICE FEES 3,798,900 3,647,400 3,647,400
388 INTEREST ON DEPOSITS 21,000 21,000 21,000
389 BANK & CREDIT CARD FEES 330,300 500,000 500,000
390 BOND ISSUANCE COST - 40,000 40,000
391 DEBT SERVICE 1,378,600 1,800,000 1,800,000
392 OTHER EXPENSES SUBTOTAL 8,080,500 8,660,400 8,660,400
393 TRANSFER TO:
394 IMPROVEMENT & EXTENSION 6,000,000 3,711,100 3,711,100
395 GENERAL FUND 10,000,000 11,000,000 11,000,000
396 RATE STABILIZATION RESERVE 2,000,000 2,000,000 2,000,000
397 TRANSFER TO SUBTOTAL 18,000,000 16,711,100 16,711,100
398 TOTAL EXPENSES 79,420,400 80,807,500 80,807,500
399 BUDGET BALANCE - WORKING CAPITAL 17,078,400 11,967,300 11,967,300
400 TOTALS $ 96,498,800 $ 92,774,800 $ 92,774,800
401 The City Manager is hereby authorized, without further approval of the City Council, to make
402 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
403 department with the exception of any transfers prohibited by City Procedure #F306.
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404
405
CITY OF DOVER ORDINANCE # 2021-24
ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND
D Item 11.
406 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
407 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
408 The amount hereinafter named aggregating Forty-Eight Million Four Hundred Fifty-One Thousand Seven Hundred
409 dollars ($48,451,700) or so much thereof as may be necessary are hereby appropriated from current revenues
410 and other funds for the use by several departments of the Municipal Government for the fiscal year
411 beginning July 1, 2021 and ending June 30, 2022:
412 REVENUES
413 2020/21 2021/22 2021/22
414 REVISED BUDGET REVISED
415 BEGINNING BALANCE $ 20,970,700 $ 22,581,700 $ 26,579,900
416 REVENUES
417 TRANSFER FROM ELECTRIC 6,000,000 3,711,100 3,711,100
418 BOND ISSUE PROCEEDS - 8,575,200 8,575,200
419 GENERAL SERVICE BILLING 400,000 400,000 400,000
420 TRF FROM DEPRECIATION RSV 1,000,000 9,000,000 9,000,000
421 TRF FROM OTHER RSV 27,400 - -
422 INTEREST EARNINGS 218,200 185,500 185,500
423 TOTAL REVENUES 7,645,600 21,871,800 21,871,800
424 TOTALS $ 28,616,300 $ 44,453,500 $ 48,451,700
425 EXPENSE SUMMARY
426 2020/21 2021/22 2021/22
427 EXPENSES REVISED BUDGET REVISED
428 ELECTRIC ADMINISTRATION $ 2,099,400 $ 1,843,200 $ 2,446,100
429 ELECTRIC GENERATION 1,301,700 9,070,000 10,198,800
430 TRANSMISSION AND DISTRIBUTION 1,421,000 1,320,800 1,736,200
431 ELECTRICAL ENGINEERING 2,543,600 8,952,300 9,746,700
432 ERP SYSTEM 1,244,800 500,000 1,556,700
433 TOTAL EXPENSES 8,610,500 21,686,300 25,684,500
434 BUDGET BALANCE 20,005,800 22,767,200 22,767,200
435 TOTAL BUDGET BALANCE & EXPENSES $ 28,616,300 $ 44,453,500 $ 48,451,700
436 The City Manager is hereby authorized, without further approval of the City Council, to make
437 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
438 department with the exception of any transfers prohibited by City Procedure #F306.
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439
440
CITY OF DOVER ORDINANCE # 2021-24
MUNICIPAL STREET AID FUND
D Item 11.
441 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
442 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
443 The amount hereinafter named aggregating Seven Hundred Fifty Thousand One Hundred dollars
444 ($750,100) or so much thereof as may be necessary are hereby appropriated from current revenues
445 and other funds for the use by several departments of the Municipal Government for the fiscal year
446 beginning July 1, 2021 and ending June 30, 2022:
447 CASH RECEIPTS
448 2020/21 2021/22 2021/22
449 REVISED BUDGET REVISED
450 BEGINNING BALANCE $ - $ 100 $ 100
451 STATE GRANT 796,000 750,000 750,000
452 TOTALS $ 796,000 $ 750,100 $ 750,100
453 BUDGET SUMMARY
454 2020/21 2021/22 2021/22
455 REVISED BUDGET REVISED
456 TRANSFER TO GENERAL FUND $ 796,000 $ 750,000 $ 750,000
457 CURRENT YEAR BALANCE - 100 100
458 TOTALS $ 796,000 $ 750,100 $ 750,100
459 The City Manager is hereby authorized, without further approval of the City Council, to make
460 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
461 department with the exception of any transfers prohibited by City Procedure #F306.
13
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462
463
CITY OF DOVER ORDINANCE # 2021-24
ELECTRONIC RED LIGHT SAFETY PROGRAM
D Item 11.
464 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
465 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
466 The amount hereinafter named aggregating Four Hundred Thousand One Hundred dollars
467 ($400,100) or so much thereof as may be necessary are hereby appropriated from current revenues
468 and other funds for the use by several departments of the Municipal Government for the fiscal year
469 beginning July 1, 2021 and ending June 30, 2022:
470 CASH RECEIPTS
471 2020/21 2021/22 2021/22
472 REVISED BUDGET REVISED
473 BEGINNING BALANCE $ - $ 100 $ 100
474 POLICE FINES 445,000 400,000 400,000
475 TOTALS $ 445,100 $ 400,100 $ 400,100
476 BUDGET SUMMARY
477 2020/21 2021/22 2021/22
478 REVISED BUDGET REVISED
479 TRANSFER TO GENERAL FUND $ 445,000 $ 400,000 $ 400,000
480 CURRENT YEAR BALANCE - 100 100
481 TOTALS $ 445,100 $ 400,100 $ 400,100
482 The City Manager is hereby authorized, without further approval of the City Council, to make
483 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
484 department with the exception of any transfers prohibited by City Procedure #F306.
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485
486
CITY OF DOVER ORDINANCE # 2021-24
LIBRARY GRANT FUND
D Item 11.
487 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
488 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
489 The amount hereinafter named aggregating Two Hundred Seventy-Seven Thousand Seven Hundred dollars
490 ($277,700) or so much thereof as may be necessary are hereby appropriated from current revenues
491 and other funds for the use by several departments of the Municipal Government for the fiscal year
492 beginning July 1, 2021 and ending June 30, 2022:
493 OPERATING REVENUES
494 2020/21 2021/22 2021/22
495 REVISED BUDGET REVISED
496 PRIOR YEAR BALANCE $ 31,330 $ - $ -
497 STATE GRANT 288,532 275,000 275,000
498 FEDERAL GRANT 2,446 2,700 2,700
499 OTHER GRANTS 3,734 - -
500 TOTALS $ 326,042 $ 277,700 $ 277,700
501 OPERATING EXPENSES
502 2020/21 2021/22 2021/22
503 REVISED BUDGET REVISED
504 STATE GRANTS
505 FURNITURE/FIXTURES $ 7,500 $ 5,000 $ 5,000
506 OFFICE SUPPLIES 30,000 23,100 23,100
507 PRINTING AND DUPLICATING 5,000 15,000 15,000
508 PROGRAM EXPENSES/SUPPLIES 30,000 28,200 28,200
509 BOOKS 137,178 125,000 125,000
510 COMPUTER SOFTWARE 5,500 3,000 3,000
511 COMPUTER HARDWARE 10,000 500 500
512 OTHER GRANT PROG EXP 8,064 - -
513 AUDIO VISUAL SUPPLIES 80,000 67,700 67,700
514 POSTAGE 100 100 100
515 TRAINING/CONF/FOOD/TRAV 2,000 3,000 3,000
516 OFF EQP/REPAIRS & MAINT 2,000 1,900 1,900
517 OTHER EQUIP - LEASE 6,000 2,500 2,500
518 SUBTOTAL EXPENSES STATE GRANTS 323,342 275,000 275,000
519 FEDERAL GRANTS
520 PROGRAM EXPENSES/SUPPLIES 2,700 2,700 2,700
521 SUBTOTAL EXPENSES FEDERAL GRANTS 2,700 2,700 2,700
522 GRAND TOTAL EXPENSES 326,042 277,700 277,700
523 CURRENT YEAR BALANCE - - -
524 TOTALS $ 326,042 $ 277,700 $ 277,700
525 The City Manager is hereby authorized, without further approval of the City Council, to make
526 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
527 department with the exception of any transfers prohibited by City Procedure #F306.
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528
529
CITY OF DOVER ORDINANCE # 2021-24
207 - POLICE GRANTS FUND
D Item 11.
530 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
531 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
532 The amount hereinafter named aggregating Eight Hundred Thirty Thousand dollars ($830,000)
533 or so much thereof as may be necessary are hereby appropriated from current revenues and other
534 funds for the use by several departments of the Municipal Government for the fiscal year
535 beginning July 1, 2021 and ending June 30, 2022:
536 OPERATING REVENUES
537 2020/21 2021/22 2021/22
538 REVISED BUDGET REVISED
539 PRIOR YEAR BALANCE $ 73,300 $ 50,000 $ 50,000
540 STATE AND FEDERAL GRANTS RECEIVED 635,000 780,000 780,000
541 TOTALS $ 708,300 $ 830,000 $ 830,000
542 OPERATING EXPENSES
543 2020/21 2021/22 2021/22
544 REVISED BUDGET REVISED
545 EXPENDITURES
546 MATERIALS AND SUPPLIES
547 POLICE EQUIPT & PROG SUPP 643,600 235,000 235,000
548 TECHNOLOGY EQUIPMENT - 210,000 210,000
549 ADMINISTRATIVE EXPENDITURES
550 CELL PHONE CHARGES 20,000 15,000 15,000
551 TRAINING 19,700 10,000 10,000
552 AUDIT FEES 1,000 - -
553 TOTAL EXPENDITURES 684,300 470,000 470,000
554 OTHER FINANCING USES
555 OPERATING TRANSFERS-OUT 4,300 310,000 310,000
556 TOTAL FINANCING USES 4,300 310,000 310,000
557 CURRENT YEAR BALANCE 19,700 50,000 50,000
558 TOTALS $ 708,300 $ 830,000 $ 830,000
559 The above budget represents the combination of all State & Federal Grants.
560 The City Manager is hereby authorized, without further approval of the City Council, to make
561 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
562 department with the exception of any transfers prohibited by City Procedure #F306.
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563
564
CITY OF DOVER ORDINANCE # 2021-24
SUBSTANCE ABUSE GRANTS FUND
D Item 11.
565 CASH RECEIPTS/REVENUES AND BUDGET FOR 2021-2022
566 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
567 The amount hereinafter named aggregating One Hundred Forty-Four Thousand Seven Hundre dollars ($144,700)
568 or so much thereof as may be necessary are hereby appropriated from current revenues and other funds
569 for the use by several departments of the Municipal Government for the fiscal year beginning
570 July 1, 2021 and ending June 30, 2022:
571 OPERATING REVENUES
572 2020/21 2021/22 2021/22
573 REVISED BUDGET REVISED
574 PRIOR YEAR BALANCE $ 88,500 $ 83,700 $ 83,700
575 STATE GRANTS RECEIVED 28,000 28,000 28,000
576 RECREATION REVENUE 33,000 33,000 33,000
577 TOTALS $ 149,500 $ 144,700 $ 144,700
578 OPERATING EXPENSES
579 2020/21 2021/22 2021/22
580 REVISED BUDGET REVISED
581 EXPENDITURES
582 TEMPORARY HELP/BENEFITS $ 68,500 $ 68,500 $ 68,500
583 PROGRAM EXPENSES/SUPPLIES 35,000 35,000 35,000
584 TOTAL EXPENDITURES 103,500 103,500 103,500
585 CURRENT YEAR BALANCE 46,000 41,200 41,200
586 TOTALS $ 149,500 $ 144,700 $ 144,700
587 The above budget represents the combination of all State & Federal Grants.
588 The City Manager is hereby authorized, without further approval of the City Council, to make
589 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
590 department with the exception of any transfers prohibited by City Procedure #F306.
17
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ACTION FORM D Item 12.
PROCEEDING: Legislative, Finance and Administration Committee
DEPARTMENT OF ORIGIN: Human Resources DATE SUBMITTED: 10/19/2021
PREPARED BY: Kim Hawkins, Human Resources
SUBJECT: Proposed Amendments to Personnel Policy (Employee Handbook)
REFERENCE:
RELATED PROJECT:
REVIEWED BY: Law firm of Schmittinger and Rodriquez and former City Manager Donna Mitchell,
Department Heads; recent revisions with Interim City Manager, Matt Harline
EXHIBITS: Exhibit A – Proposed Amendments to the 2004 City’s Personnel Policy
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
FUNDING SOURCE (Dept./Page in CIP & Budget):
TIMETABLE:
STAFF RECOMMENDATION: Review, discuss and approve the recommended Personnel Policy
BACKGROUND AND ANALYSIS
The 2004 City’s Personnel Policy is being presented for review, discussion and acceptance. There is a large
quantity of recommended changes. The changes can represent the incorporation of previously approved
changes by City Council, insertion of past practices, recommendation for best practices, benefit parity for non-
bargaining, current state and federal law, etc. The extensive changes demonstrate the multi-year process of
preparing a revised handbook.
The Personnel Policy is followed by all employees unless a collective bargaining agreement (CBA) indicates
otherwise. Please understand that any article from the 2004 Personnel Policy that is referenced in a CBA
cannot be changed without notice and possible negotiation with the union.
There are several references that require the insertion of an effective date. These dates can be the adoption date
of the proposed handbook or another date as indicated by City Council. For example, City Council may decide
to make the change effective immediately thus affecting everyone or a date may be selected to preserve benefits
for current employees but change the benefit for new employees.
Since the Personnel Policy was provided to members of City Council to review, there has been two changes.
The Juneteenth holiday was implemented by City Council on September 27. This action would need to be
incorporated into the handbook. Currently, the implementation of Juneteenth was a recommendation.
(Reference page 51) A procedure on employees being permitted to respond to emergencies with Robbins Hose
has been implemented. The final version of this procedure would need to replace the language in the proposed
version of the handbook. (Reference page 19 and 20) The final procedure is indicated below.
Responding to Emergencies
This policy authorizes all departments to allow volunteers of the fire service to respond to fire calls during
working hours as a volunteer firefighter with the Dover Fire Department/Robbins Hose Co. No. 1 Inc. (DFD),
provided all of the following conditions are met by the department head, the immediate supervisor (supervisor)
and the employee who wishes to respond to fire calls (includes any type of emergency call for the DFD) during
•
their standard shift working hours:
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1. The employee must be a trained firefighter in good standing with the DFD and have approval from the
D Item 12.
DFD to ride to fire calls. The Dover Fire Chief must make a request on behalf of the employee to ride to
fire calls and provide the department head and supervisor approval in writing. Contact by email with
reply is sufficient.
2. The department head and supervisor must make an affirmative reply to the Fire Chief to the request to
ride fire calls as a volunteer with the DFD. The department head and supervisor shall include any
general limitations the volunteer will have to responding to fire calls in the reply. The permission to
ride on fire calls must be renewed annually. This approval can be revoked at any time for
noncompliance of this policy.
3. As necessary, the employee will coordinate with DFD to make certain that DFD knows when the regular
work schedule of the employee will allow them to be available for fire calls.
Since employees are acting in a volunteer role with the Dover Fire Department/Robbins Hose Co. No. 1 Inc.,
the following will apply:
Employees will be excused from work with pay, at the city’s discretion that will be coded either as
administrative leave or a special pay code will be developed. You will not receive overtime or
compensatory time for hours outside of your assigned work schedule as this is not a job duty. This
allows employees to volunteer without loss of pay, vacation leave, sick leave, or personal leave for any
fire call.
The employee is expected to return to the fire station and place all the apparatus back in service. When
an employee is released from duty by DFD they are to return to work or arrange for leave for the rest of
the day with their supervisor. The City Manager may request details on any fire call with Dover Fire
Chief to determine actual time spent on a call.
City Employees are not to respond to fires out of the Dover Fire Department/Robbins Hose Co. No. 1
Inc. Fire District while on duty as City employees.
Any injuries on fire call will be filed with the DFD for workers compensation, not the City of Dover.
This starts from the time that the call is dispatched until the employee returns to work.
If responding to the fire station in your city vehicle, the vehicle use policy and DFD SOG applies.
Employees responding to calls shall follow the Delaware State Law Title 21.
Each department that has at least one employee who wishes to respond to fire calls as a volunteer for the
DFD must draft a policy the clarifies when an employee can respond to fire calls, and when the
department cannot spare that employee. Department heads and supervisors should put the employee’s
paid City job first, but where releasing an employee is merely an inconvenience, departments are
encouraged to allow their employees to perform their important volunteer role with the DFD.
The on-call Fire Marshal cannot respond to incidents which will need to be investigated by the City Fire
Marshal.
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Exhibit A
D
Item 12.
City of Dover Personnel Policy
(Employee Handbook)
Previously Approved Updates
July 2004 INSERT DATE
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Exhibit A
The City of Dover Personnel Policy
D
Item 12.
is not a contract of employment. The Personnel Policy is intended to provide guidance
and direction in regard to the employee/employer relationship within the City of Dover.
My signature below indicates that a representative of the City of Dover has explained that
the City of Dover Personnel Policy is not a contract of employment. The Personnel Policy
is intended only to provide guidance and direction in regards to the employee/employer
relationship within the City of Dover. It is a general source of information and is not all
inclusive. My signature further indicates that I consent to abide by the contents.
Furthermore, I understand that the City retains the right to modify, change, delete, or add
to as it deems appropriate, the policies, procedures, benefits, and other general information
in the Personnel Policy at any time without any required notice period. A copy of this signed
notice will be placed in the employee’s my personnel file maintained by the Human
Resources Department indicating that I agree that this Personnel Policy in no way indicates
a contract of employment.
Nothing in the Personnel Policy changes the at-will employment relationship.
Nothing in the Personnel Policy overrides provisions in the collective bargaining
agreements covering employees.
Employee’s Signature:____________________________________________________
Employee’s Printed Name: ________________________________________________
Date: ___________________________________________________________________
City Representative Signature: _____________________________________________
City Representative Printed Name:__________________________________________
City Representative Title: _________________________________________________
Date: __________________________________________________________________
Original signed copy is located in employee’s personnel file
maintained by the Human Resource Department.
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Exhibit A
D
Item 12.
Table of Contents will need to be updated.
TABLE OF CONTENTS
Article Title Page
1. IMPLEMENTATION OF POLICY
Section 1. Conflicting Policies Repealed 2
Section 2. Separability 2
Section 3. Violations of Policy Provisions 2
Section 4. Revisions 2
Section 45. Effective Date 2
2 ORGANIZATION OF PERSONNEL SYSTEM
Section 1. Purpose 2
Section 2. Coverage 3
Section 3. Definition of Terms 3
Section 4. Merit Principle 4
3. THE PAY PLAN
Section 1. Adoption 4
Section 2. Maintenance of the Pay Plan 4
Section 3. Use of Salary Ranges 4
Section 4. Payment at a Listed Rate 5
Section 5. Salary of a Trainee 6
Section 6. Pay Rates in Promotion, Demotion, Transfer, 7
Reclassification and Upgrading
Section 7 Pay Rates in Salary Range Revisions 7
Section 8 7. Pay For Part-time Work 7
Section 9 8. Overtime 8
Section 10 Shift Differential Pay 10
Section 11 9. On Call Pay 10
Section 12 10 Call Back Pay 11
Section 13 11 Longevity Pay 11
Section 12 Daylight Savings Time
Section 13 Vacation Sell Back 13
Section 1514. Payroll Deductions 13
Section 1615. Pay Day 13
Section 1716. Pay Period 13
Section 1817. Trading of Regularly Scheduled Hours 13
Section 18. Establishing Work Schedules
3
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Exhibit A
TABLE OF CONTENTS - Continued
D
Item 12.
Article Title Page
3. THE PAY PLAN - Continued
Section 19. Responding to Emergencies
Section 20. Meal Allowance
Section 21. Compensation During Travel
4. EQUAL EMPLOYMENT OPPORTUNITY &
AFFIRMATIVE ACTION
Section 1. Equal Employment Opportunity and Affirmative 14
Action Policy
Section 2. General Implementation 15
Section 3. Communication 15
Section 4. Responsibilities for Implementation 15
Section 5. Indentification of Problem Areas 16
Section 6. Recruitment 16
Section 7. Advancement 17
Section 8 Involvement in Community Activities 17
5. RECRUITMENT AND SELECTION
Section 1. Recruitment Sources 17
Section 2. Job Advertisements 18
Section 3. Application for Employment 18
Section 4 Application Reserve File 18
Section 5 4. Qualification Standards 18
Section 6 Testing 19
Section 7 5. Appointments 19
Section 8 6. Probationary Period of Employment 20
6. TYPES OF APPOINTMENTS
Section 1 Promotion 21
Section 2 Demotion 22
Section 3 Transfer 22
Section 4 3. Temporary Upgrading 22
Section 5 4. Employee Evaluation 23
4
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Exhibit A
TABLE OF CONTENTS - Continued
D
Item 12.
Article Title Page
7. ETHICAL CONDUCT
Section 1. Gifts and Favors 24
Section 2. Political Activities of Employees 24
Section 3. Outside Employment 25
Section 4. Incompatible Activities 26
Section 5. Limitation of Employment of Relatives 26
Section 65. Discrimination and Harassment 26
Section 7. Acceptable Use of Communication and Computer
Systems
Section 8. Social Networking
Section 9. Pregnant Workers Fairness Act Guidelines
8. CONDITIONS OF EMPLOYMENT
Section 1. Unexplained Absence 26
Section 2. Use of City Supplies, Equipment and Vehicles 27
Section 3. Representation and Indemnification 27
Section 4. Surrender of Property 28
Section 5. Travel Expenses 28
Section 6. Driver’s License 28
Section 6 7 Vehicle Accident 28
Section 7 Pre-Employment Requirements 28
Section 8. Substance Abuse Policy 29
Section 9. Disclosure of Confidential Information 35
Section 10. Safety Shoes 36
Section 11. Uniforms
Section 1112. Rest Periods 36
Section 1213. Meal Periods 37
Section 14. Workplace Violence
Section 15. Weapons
Section 16. Smoking and Vaping
Section 17. Antifraternization
Section 18. Body Art
Section 19. Motor Vehicle Record
9. HOLIDAY LEAVE
Section 1. Holidays 37
Section 2. Effect of Work on Holidays or Unscheduled 38
Workdays on Other Types of Leave
Section 3 Holidays - When Work is Required 38
5
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Exhibit A
D
Item 12.
6
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Exhibit A
TABLE OF CONTENTS - Continued
D
Item 12.
Article Title Page
10. VACATION LEAVE
Section 1. Vacation Leave 38
Section 2. Vacation Leave - The Manner of 38 Accumulation 38
Section 3. Vacation Leave - The Maximum Accumulation 39
Section 4. Vacation Leave - Final Pay and Repayment of 41
Vacation Leave
Section 5. Vacation Leave - Payment for Accumulated 41
Vacation Leave Upon Death
11. SICK LEAVE
Section 1. Sick Leave 41
Section 2. Sick Leave - The Manner of Accumulation 42
Section 3. Sick Leave - The Maximum Accumulation 43
Section 4. Sick Leave - Physician's Certificate 43
Section 5. Sick Leave - Retirement Credit for Accumulated 43
Sick Leave
Section 6. Sick Leave - Termination 43
Section 7. Sick Leave – Payment for Accumulated Vacation
Leave Upon Death
Section 8 Vacation Bonus for Good Attendance
12. LEAVE WITHOUT PAY
Section 1. Limited Leave Without Pay 44
Section 2. Extended Leave Without Pay Policy 44
Section 3. Extended Leave Without Pay - Retention and 45
Continuation of Benefits
13. OTHER TYPES OF LEAVE
Section 1. Terminal Leave 45
Section 2. Military Leave 46
Section 3. Maternity Leave 48
Section 4. Jury Duty/Civil Leave 49
Section 5. Bereavement Leave 49
Section 6. Family and Medical Leave 49
Section 7. Inclement Weather 52
Section 8. Administrative Leave
Section 9. Limited Education Leave with Pay 68
Section 10. Extended Education Leave with Pay 68
7
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Exhibit A
TABLE OF CONTENTS - Continued
D
Item 12.
Article Title Page
14. WORKER'S COMPENSATION
Section 21. On-The-Job Injuries and Benefits 55
Section 12. Worker's Compensation Leave 56
Section 3. Worker's Compensation Benefits 56
15. SEPARATION, DISCIPLINARY ACTION AND
REINSTATEMENT
Section 1. Types of Separation 57
Section 2. Resignation 57
Section 3. Reduction in Force 57
Section 4. Lay Off
Section 45. Disability 58
Section 56. Retirement Age 58
Section 6 8. Death 58
Section 7 9. Disciplinary Actions 58
Section 8 10. Failure in Performance of Duties 59
Section 911. Failure in Personal Conduct 60
Section 1012. Disciplinary Suspension 61
Section 1113. Immediate Disciplinary Suspension 61
Section 1214. Non-Disciplinary Suspension 61
Section 1315. Reinstatement Rehire 61
16. GRIEVANCES PROCEDURE
Section 1. Policy 61
Section 2. Grievance-Defined 62
Section 3. Purpose of the Grievance Procedure Policy 62
Section 4. Grievance Procedure 62
17. EMPLOYEE BENEFITS
Section 1 Insurance Benefits 64
Section 2 Retirement Benefits 66
Section 3 Deferred Income 66
Section 4 Uniforms 66
Section 5 Blood Bank 67
Section 6 4 Credit Union 67
Section 7 5 Service Awards 67
Section 8 6 Police Chief and Police Major 68
8
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Exhibit A
TABLE OF CONTENTS - Continued
D
Item 12.
Article Title Page
18. EDUCATIONAL ASSISTANCE
Section 3 1 Educational Assistance 68
19 PERSONNEL RECORDS AND REPORTS
Section 1 Personnel Records Maintenance 70
Section 2 Access to Personnel Records 70
Section 3 Confidential Information 71
Section 4 Exceptions 72
Section 5 Records of Former Employees 72
Section 6 Remedies of Employees Objecting to Material in File 72
9
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Exhibit A
ARTICLE 1
DItem 12.
IMPLEMENTATION OF THIS POLICY
Section 1. Conflicting Policies Repealed
All policies, ordinances or resolutions and adopted processes that conflict with the provisions of this policy are
hereby repealed. This Personnel Policy supersedes previous Personnel Policies or unwritten practices, and
policies not adopted by City Council.
Section 2. Separability
If any provision of this Policy or any rule, regulation or order thereunder of the application of such provision to
any person or circumstances is held invalid, the remainder of this Policy and the application of such remaining
provisions of this Policy of such rules, regulations or order to persons or circumstances other than those held
invalid will not be affected thereby.
Section 3. Violations of Policy Provisions
An employee violating any of the provisions of this policy shall be subject to discipline, suspension and/or
dismissal, in addition to any civil of or criminal penalty, which may be imposed for the violation of the same.
Section 4. Revisions
The City of Dover/City Council retains the right to modify, change, delete or add to as it deems appropriate, the
policies, procedures, benefits, and other general information in the Personnel Policy at any time without any
required notice period.
Section 4 5. Effective Date
This policy shall become effective July 12, 2004 INSERT DATE upon the approval of City Council.
ARTICLE 2
ORGANIZATION OF PERSONNEL SYSTEM
Section 1. Purpose
Policies are defined as the basic rules which guide administrative action to accomplish the organization's
objective. Well-conceived policies consistently and fairly administered, have greatly contributed to the success
of many organizations.
This Personnel Policies Employee Handbook The Personnel Policy contains those policies adopted by and for
the City of Dover. Its intended use is to inform all covered employees of their rights, benefits and responsibilities
and to assist the City’s administrative group, Department Heads and supervisory personnel in seeing that the
goals and objectives of the City are met.
Changes with this handbook Policy (i.e. e.g. additions, deletions or revisions) will be dated and communicated
to all affected employees.
10
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Exhibit A
Section 2. Coverage
D
Item 12.
This handbook Policy shall apply to all employees of the City of Dover. When an aspect of either this Policy or
a manual of Department Rules conflicts with the terms and conditions of an employee labor agreement approved
by City Council then the employee labor agreement takes precedence.
Section 3. Definition of Terms
Part-time Employee: An employee, either regular or temporary, who is appointed to a position and is regularly
scheduled to work fewer than 37.5 40 hours weekly.
Full-time Employee: An employee, either regular or temporary, who is regularly scheduled to work 37.5/7.5 40
hours or more per workweek/workday for non-shift workers or 75 or 80 hours biweekly for employees regularly
scheduled to shift work.
Regular Employee: A person appointed/selected to serve in a position for an undetermined duration subject to
probationary period requirements.
Temporary Employee: A person appointed/selected to serve in a position for 180 calendar days or less.
Non-Exempt Hourly Employee: An employee who is compensated on an hourly basis and is eligible for overtime
compensation.
Non-Exempt Salary Employee: An employee who receives a defined weekly salary however is eligible for
overtime compensation.
Exempt Salaried Employee: An employee who is compensated with a defined weekly salary regardless of hours
actually worked. Compensation is subject to the guidelines of the Fair Labor Standards Act.
On-Call Employee: A person who is to be available to work when a full-time regular employee is unavailable.
(for example, Relief Fire Dispatchers).
Completed Year: A period of twelve calendar months in which the employee is on active pay status or is on
Worker's Compensation leave.
Completed Month: Any month in which an employee works a minimum of for one half (1/2) of the workdays
either works, is on approved leave with pay, is on Worker's Compensation leave or any combination of these.
Active Pay Status: Any employee who is eligible to receive a biweekly paycheck, except those on terminal
leave.
Non-bargaining Employee: An employee not represented by a labor union.
Section 4. Merit Principle
All appointments, promotions and other personnel transactions shall be made on the basis of knowledge, skills
and abilities, as stated in the job description for the position. Additionally, performance evaluations will be
considered.
The above section is subject to employee labor agreements, if applicable.
11
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Exhibit A
DItem 12.
ARTICLE 3
THE PAY PLAN
Section 1. Adoption
The position classification plan and salary ranges that were developed by the Public Administrative Service
(PAS) and later known as Management Advisory Group (MAG) is are hereby adopted as the position
classification plan for the City and can be obtained from the Human Resources Department. Bargaining positions
are indicated in employee collective bargaining labor agreements.
Section 2. Maintenance of the Pay Plan
The Pay Plan is intended to provide equitable compensation for all positions when considered in relation to each
other; to general rates of pay for similar employment in the private sector and in the other public jurisdictions in
the area; to changes in the cost of living; to financial conditions of the City and other factors. To this end, the
City Council shall from time to time consider studies of all factors affecting the level of salary ranges and
consider such changes in salary ranges as warranted.
The above section is subject to employee labor agreements, when applicable.
Section 3. Use of Salary Ranges
For non-bargaining positions, salary ranges are intended to furnish administrative flexibility in recognizing
individual performance among employees holding positions in the same class by rewarding employees for
meritorious service. The following general provisions will govern the granting of the pay increments:
(a) The minimum rate established for the class is the normal hiring rate, except in those cases where necessary
or unusual circumstances appear to warrant appointment at a higher rate. Appointments above the minimum
rate may be made with the approval of the City Manager when deemed necessary in the best interest of the City.
Above the minimum appointments will be based on such factors as the qualifications of the applicant being
higher than the desirable education and training for the class, a shortage of qualified applicants available at the
minimum step and the need to offer qualified applicants above the minimum steps to secure his/her employment.
Cut b and c to Article VI, Types of Appointments, Section 4 Employee Evaluation
(b) All factors affecting an employee’s performance shall be considered in determining whether or not the
employee shall receive an increase or be retained at the current rate. The performance evaluation shall cover a
full year of active service. This provision is for bargaining and non-bargaining positions.
(c) The date for the performance evaluation described in subparagraph (b) above shall be the annual anniversary
of an employee's employment date or date of change of position. This procedure applies to all bargaining
employees. Another date for a new employee may be designated when deemed necessary in the best interest of
the City, and shall be based on such factors as the qualifications of the new employee being higher or lower than
the desirable education and training for the class or a shortage of qualified applicants for the job and the need to
offer qualified applicants another review date other than their employment date to secure their employment.
Section 4. Payment at a Listed Rate
All non-bargaining employees covered by the PAS/MAG salary plan shall be paid at a listed rate within the
salary ranges established for their respective job classes except for employees in a trainee status or whose present
salaries are above the established maximum rate following transition to a new pay plan or a reclassification.
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A Department Head may make a request to the City Manager to grant a salary increase to a non-bargaining
employee after six (6) months and/or one (1) year of successful employment. Approval is at the discretion of the
City Manager.
Non-exempt hourly employees who work a forty (40) hour week and an eight (8) hour day or a thirty seven and
a half (37.5) hour work week and a seven and a half (7.5) hour day shall be paid at a hourly rate within the salary
ranges established for their respective job classes.
Non-exempt salaried employees who work a forty (40) hour week and an eight (8) hour day or a thirty seven and
a half (37.5) hour work week and a seven and a half (7.5) hour day shall be paid at the listed weekly rate within
the salary ranges established for their respective job classes.
Exempt salaried employees who work a forty (40) hour week or a thirty seven and a half (37.5) hour work shall
be paid at the listed weekly rate in the salary ranges established for their respective job classes.
The above section is subject to employee labor agreements, when applicable.
The City Manager has the ability to develop a salary and benefit packet for non-bargaining employees which can
include, but not be limited to, enhancing current benefits in lieu of salary, with City Council approval.
Section 5. Salary of a Trainee
An applicant hired or an employee promoted to a position in a higher class, who does not meet all the established
requirements of the position, may be appointed at a rate in the pay plan below the minimum established for the
position. An employee will remain on at the trainee step rate of compensation until the department supervisor
head certifies that the trainee is qualified to assume the full responsibilities of the position subject to employee
labor agreement.
Section 6. Pay Rates in Promotion, Demotion, Transfer, Reclassification and Upgrading
When an employee is promoted, demoted, upgraded, transferred or reclassified, the rate of pay for the new
position will be established in accordance with the following rules:
(a) An employee who is promoted shall receive a minimum five percentage (5%) increase or an increase to the
minimum step of rate of pay for the new pay range, whichever is higher greater.
(b) An employee who is voluntarily or involuntarily demoted to a position for which he/she is qualified shall
receive a salary or hourly rate in the lower pay range pay range of the position the employee was demoted into.
A minimum of a five percentage (5%) decrease in pay will occur. Facts of the situation will be reviewed to
determine if a decrease is salary is warranted.
(c) An employee transferring from a position in one class grade to a position in another class grade assigned the
same pay range shall continue to be paid at the same rate.
(d) An employee whose position is reclassified to a class grade having a higher salary range shall receive a
minimum five percentage (5%) increase or an increase to the minimum step rate of pay of the new pay range,
whichever is higher greater. If the employee's position is reclassified to a lower pay range and the result is that
the employee will receive a rate of pay above the maximum established for the new class, that employee will be
ineligible for merit pay adjustments until such time that the employee either receives a promotion or benefits
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from a general class-wide pay increase thereby bringing the employee's rate of pay to or below the maximum
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rate established for the class.
(e) An employee who is temporarily upgraded and becomes eligible for a pay increase must wait thirty (30)
calendar days from the time of his/her upgrade before the increase goes into effect. The increase will take effect
on the 31st calendar day. The employee shall receive a minimum one step pay increase or an increase to the
minimum step of the range of the position that he/she is filling, whichever is higher, until the employee is
downgraded. (Referenced in Temporary Upgrading section.)
SECTION 7. PAY RATES IN SALARY RANGE REVISIONS
This is covered in Section 6
When a change in pay range is approved for a class of positions, employees whose positions are allocated to that
class may have their salary or hourly rate raised or left unchanged.
(a) Depending upon the financial condition of the City, when a class of positions is assigned to a higher pay
range, each employee in that class shall receive at least a pay increase to the minimum starting of the new pay
range. If the employee’s current rate of pay is within the new range, the employee will retain his or her current
salary.
(b) When a class of positions is assigned to a lower pay range, the salaries of employees in that class will remain
unchanged. If this assignment to a lower class results in an employee being paid at a rate above the maximum
step established for the new class, that employee will be ineligible for merit pay adjustments until such time that
the employee either receives a promotion or benefits from a general class-wide pay increase thereby bringing
the employee's rate of pay to or below the maximum rate established for the class.
Section 8. 7 Pay for Part-Time Work
The Pay Plan established by this policy is for full-time service. An employee appointed for less than full-time
service shall be paid a prorated amount determined by converting the established salary to an hourly rate.
The above section is subject to employee labor agreements, when applicable.
Section 9. 8. Overtime
Overtime work shall be that work performed by a non-exempt hourly or non-exempt salaried full-time employee
who either exceeds eight (8) hours per workday or forty (40) hours per workweek or which is accomplished on
an unscheduled workday, provided however, that no fulltime employee shall be paid twice at an overtime rate
for the same hours (pyramiding). The employee shall be eligible for overtime compensation for hours worked
on an unscheduled workday provided the employee has worked at least 40 hours that same week. Non-exempt
hourly or salaried employees who work a seven and a half (7.5) hour workday or thirty-seven and a half (37.5)
hour workweek will not receive overtime compensation until hours exceed eight (8) hours per day or forty (40)
hours per week.
Overtime work shall be the work performed by a part-time employee which exceeds an eight (8) hour workday
or and forty (40) hour workweek provided that no part-time employee shall be paid twice at an overtime rate for
the same hours (pyramiding).
For the purpose of computing overtime pay, time spent on vacation, holidays, earned sick leave, military leave,
jury duty and bereavement leave shall be considered hours worked. Terms subject to employee labor agreements.
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Lost time due to other types of leave such as personal business, unexpected absence and lateness shall not be
considered as hours worked. No employee shall be authorized to work overtime (except when necessary in the
interest of the City) on the same day that an employee has spent time been on leave for the entire day, with or
without pay.
In order for an employee to be eligible for overtime the following provisions apply:
(a) the work is of a regularly scheduled nature and is approved by the Department Head or the authorized
representative of the Department Head,
(b) the work is of a unusual, unscheduled or emergency nature and is directed by the Department Head or the
authorized representative of the Department Head,
(c) Compensatory time off shall be taken within ninety (90) days from the time it is earned.
In determining whether an employee will receive compensatory time or monetary payment for overtime it is
the discretion of the Department Head the employee and Department Head must reach a mutual agreement prior
to the overtime occurring, unless the employee labor agreement for the position the employee occupies indicates
otherwise.
For non-bargaining employees the following guidelines apply:
When a non-bargaining, nonexempt employee is required to work overtime he or she will be compensated with
time off at the rate of one and one half times the overtime hours worked or paid for such time on the basis of
one and one half times their regular hourly rate for the overtime hours worked provided that:
(a) the employee and Department Head or authorized representative of the Department Head must
reach a mutual agreement concerning receiving pay or Comp-time prior to the performance of overtime work.
(b) the work is of a regularly scheduled nature and is approved by the Department Head or authorized
representative of the Department Head prior to the work being performed.
(c) the work is of an unusual, unscheduled or emergency nature and is directed by the Department
or an authorized representative of the Department Head.
(d) compensatory time off should be scheduled and taken within ninety (90) days from the time it is earned. The
Department Head must approve the compensatory time schedule. If earned compensatory time is not taken within
ninety (90) days, the City will have the option of paying overtime to the affected employees.
(e) the Department Head or person designated by the Department Head will keep records of compensatory time
earned for all non-bargaining, nonexempt employees in his or her Department.
When a non-bargaining, exempt employee is required to work overtime he or she will be compensated with time
off at the rate of one times (1 overtime hour = 1 comp-time hour) the overtime hours worked provided that:
(a) the work is of an unusual, unscheduled or emergency nature and must be completed at a specific
time in order to meet a deadline or specific request from an outside agency or authority.
(b) compensatory time off should be taken within ninety (90) days from the time it is earned. Council Appointees
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and City Manager Department Heads may work a flexible work schedule to accomplish receiving the earned
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comp-time. If the compensatory time is not taken in ninety (90) days, non-bargaining exempt employees will
forfeit the time.
(b) the Department Head or person designated by the Department Head will keep records of
compensatory time earned for all non-bargaining, exempt employees in their Department.
In order for an employee to be eligible for overtime compensation (compensatory time is not permitted)
the following general provisions apply to all employees:
(a) the work is of a regularly scheduled nature and is pre-approved by the Department Head or the
authorized representative of the Department Head,
(b) the work is of an unusual, unscheduled or emergency nature and is directed by the Department
Head or the authorized representative of the Department Head,
(c) compensatory time off shall be permitted in lieu of overtime. The maximum accumulation of
compensatory time is 80 hours. The Department Head must approve the compensatory time use schedule.
(d) when an employee is required to work over-time, he or she will be compensated with time off at
the rate of one and one half times the overtime hours worked or paid for such time on the basis of one
and one half times their regular hourly rate for the overtime hours.
In determining whether an employee will receive compensatory time or monetary payment for overtime
it is the discretion of the Department Head; unless the employee labor agreement for the position the
employee occupies indicates otherwise. The employee and Department Head must reach a mutual
agreement on the method of compensation prior to the overtime occurring.I
For non-bargaining, exempt employees the following additional guidelines apply:
When a non-bargaining, exempt employee is required to work overtime he or she will be compensated
with time off at the rate of one time (1 overtime hour = 1 comp-time hour) the overtime hours worked
provided that:
(a) the work is of an unusual, unscheduled or emergency nature and must be completed at a specific
time in order to meet a deadline or specific request from an outside agency or authority.
(c) Council Appointees, and City Manager Department Heads and Exempt Staff may work a flexible
work schedule to accomplish receiving the earned compensatory time. The maximum accumulation of
compensatory time is 80 hours. Any accumulated compensatory time shall be forfeited upon employment
ending. to allow for a work related activity/project. (Yellow highlight approved on 1/9/12 by City
Council.)
An employee can be subject to discipline for failing to obtain proper authorization to work overtime.
SECTION 10. SHIFT DIFFERENTIAL PAY Remove since no non-bargaining employees perform shift work.
The above section is subject to employee labor agreement.
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Section 11. 9. On Call Pay
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The City shall provide compensation to exempt and non-exempt hourly and salaried employees scheduled for
"on-call" service after hours, weekends and holidays on a full seven (7) day cycle when indicated in the position’s
job description.
The method of reimbursement for the service shall be:
(a) The City shall pay an additional seven (7) hours straight time over and above the normal forty (40) hours
worked for an employee assigned "on call" for the week, even if he/she is not called to work. This "on call" pay
is computed and should be shown on the biweekly time sheet as one (1) straight time hour per day.
(b) The paid "call-out" time shall be no less than two hours for each separate "call-out." If an employee is on a
"call-out" and another trouble call is reported to him/her, this shall be treated as the same "call-out." Only when
the employee has returned home and is again called-out shall a new "call-out" be reported. The time spent on a
"call-out" begins when the employee reports to the work place or gets to the City vehicle, if it was not taken
home. The "call-out" time must be recorded on the biweekly time sheet in the in the payroll system as on-call
overtime column. The two (2) hour minimum provisions shall not apply if an employee is called in to work
within one hour before the employee’s normal starting time and continues working into the normal shift.
(c) Any trading of "on call" duty between employees must be approved in writing by the Supervisor of the
employee who was originally assigned for duty. The assigned "on call" employee shall be the only employee
that reports "call-out" time under this policy. Obviously, Other personnel may be "called-out" during times of
emergencies and their overtime pay shall be determined under Sections 8 and 9 10 and 12 of this Article. Trading
of on-call duty is permitted, however subject to department policies.
(d) The employee subject to "on-call" shall be responsible to assure that the phone number listed under their
name, with the Dispatch Center, is correct and current in proper working order. Any employee scheduled and
assigned to "on-call" duty who is found to be unavailable when called at the phone number listed with the
Dispatch Center of their department will be subject to disciplinary action by the Department Head; including
loss of one week "on-call" pay.
(e) Written approval must be obtained in order to trade on-call shifts. Approval must be received prior to the
trade. The person who is actually on-call is the employee who is to be reported to payroll.
(f e) Exempt employees are not eligible for overtime or compensatory time for being called out. shall receive
comp-time at straight time for the hours that they are called out. The City Manager must approve all on-call
statuses. In general, on-call status shall not be provided to Department Heads, division heads or management
who may from time to time be called in on extraordinary circumstances. Approved by City Council on January
12, 2009.
The above section is subject to employee labor agreements, when applicable.
Section 12.10. Call Back Pay
Any City employee eligible to receive overtime compensation under this policy who is not "on-call" will be
guaranteed a minimum payment of two hours of wages for being called back to work outside of normal working
hours; provided that the employee who is called back goes home again before the next regular work time. The
two (2) hour minimum provisions shall not apply if an employee is called into work within one hour before the
employee’s normal starting time and continues working into the normal shift.
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The above section is subject to employee labor agreement, when applicable.
Section 12. Daylight Savings Time
During the spring observance of daylight savings time, employees will be compensated for actual hours worked.
Employees are permitted to use one hour of vacation time for the lost time due to daylight savings time.
During the fall observance of daylight savings time, employees are eligible to receive compensation for the
additional hour of work.
SECTION 14. VACATION SELL BACK
A regular employee may, during the month of December, sell back to the City unused vacation in accordance
with the following schedules:
REGULAR FULL-TIME EMPLOYEES
Number of Vacation Days Number of Days Eligible
Earned Per Year to Sell Back
12 15 5
18 21 5
21 24 10
24 27 10
REGULAR PART-TIME EMPLOYEES
Number of Vacation Days Number of Days Eligible
Earned Per Year to Sell Back
6 7.5 2.5
9 10.5 2.5
10.5 12 5
12 13.5 5
Effective December 2022, a regular employee may, during the month of December, sell back to the City unused
vacation leave earned by the employee since the prior December. Employees are only permitted to sell back 40
hours. Employees who sell back 40 hours of vacation will be compensated for 35 hours while their accumulated
balance will be reduced by 40.
The payment in lieu of vacation shall be made only in December each year and shall be deducted from the current
calendar year's unused vacation leave. The employee will be paid based on his/her base salary plus cost-of-
living increases and longevity increases at the date of the issuance of the sell back check.
This pay shall be at the City’s option. The employee must request in writing to the employee's Department Head,
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Exhibit A
prior to the submission of his/her Department’s annual preliminary operating budget to the appropriate City
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official to reserve the option of pay in lieu of vacation in the budget. The normal City "application for leave"
form (COD004) must be completed at least two weeks in advance of receiving pay in December.
Pay in lieu of vacation shall not be considered pay for pension purposes. No employee pension contributions
will be deducted, the City will not make pension contributions based on the pay and the pay shall not be used to
compute pension benefits.
The above section is subject to employee labor agreements, when applicable.
Section 15. 13. Payroll Deductions
Federal and State Income Taxes, Social Security Tax, Medicare Tax, Dental, Life, and Health Insurance
Premiums, Credit Union Contributions, United Way contributions, Public Employees Benefit Services
Corporation Contributions (PEBSCO), International City Management Association Contributions (ICMA), U.S.
Savings Bonds, pension contributions, Flexible Spending, Union Dues, AFLAC and any other deduction that is
court ordered will be deducted at each pay period as authorized by law or by the employee. If an employee
believes an improper deduction was made from his or her paycheck, he or she is to immediately report it to the
Controller/Treasurer, located in the Finance department. The Controller/Treasurer or designated staff will
research the matter and take the appropriate action.
SECTION 16. 14 PAY DAY
Payday falls on Friday for all employees. Should a regular payday fall on a City recognized holiday, paychecks
shall be issued on the workday that precedes the holiday. For all employees hired on or after July 12, 2004,
Direct Deposit direct deposit of paychecks is a condition of employment effective July 12, 2004.
Section 17. 15 Pay Period
All employees shall be are paid biweekly. The pay period shall be is from 12:01 a.m. Sunday to 12:00 p.m.
Saturday.
Section 18. 16 Trading of Regularly Scheduled Hours
Effective April 9, 2003 employees will not be permitted to trade regularly scheduled hours unless stated
otherwise in the labor agreement that represents the employee.
Section 17. Establishing Work Schedules
The City Manager has the right to set work schedules.
Section 18. Responding to Emergencies
Department Heads are authorized to allow volunteers of the fire service to respond to fire calls during working
hours as a volunteer firefighter with the Dover Fire Department/Robbins Hose Co. No. 1 Inc.
Department Heads/Supervisors are to maintain a register that contains the employee’s name, date the employee
responded to a fire and the length of the employee’s absence including the departure and return time.
The employee must have approval from the Dover Fire Department/Robbins Hose Co. No. 1 Inc. Fire Chief to
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Exhibit A
ride to fire calls. Written approval is to be provided to the employee’s Department Head.
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A. The employee must have approval from their department head and supervisor to ride to fire calls with the
Dover Fire Department/Robbins Hose Co. No. 1 Inc. This approval can be revoked at any time.
B. Employees must receive approval from their direct supervisor prior to leaving the work environment. A
balance between the emergency and the work assignment must be considered.
C. When responding with the Dover Fire Department/Robbins Hose Co. No. 1 Inc., the employee will be in
the volunteer role and not in capacity as an employee.
D. The on-call Fire Marshal cannot respond to incidents which will need to be investigated by the City Fire
Marshal.
E. Since the employee is acting in a volunteer role with the Dover Fire Department/Robbins Hose Co. No.
1 Inc., the following will apply:
1. The employee will be excused from work with pay, at the city’s discretion. He/she will not receive
overtime for hours outside of your assigned work schedule as this is not a job duty. This allows
the employee to volunteer without loss of pay, vacation leave, sick leave, or personal leave.
2. Once the employee returns to the fire station and places all the apparatus back in service, the
employee is to return to work without delay. Absences are subject to verification.
3. You may respond to fires outside of the Dover Fire Department/Robbins Hose Co. No. 1 Inc. fire
district with the exception of stand-bys/cover ups.
4. Any injuries will be filed with the Dover Fire Department/Robbins Hose Co. No. 1 Inc. for
workers compensation, not the City of Dover. This starts from the time that the call is dispatched
until you return to work.
Section 19. Meal Allowance
Non-bargaining employees who work at least a 10 hour shift during inclement weather shall be eligible for (1) a
meal at a local establishment of the City’s choice or (2) a $10 non-taxable meal allowance which will be paid
via petty cash within 14 days of the last date of the severe weather event. The City of Dover will have the sole
decision on which option is chosen.
Section 20. Compensation During Travel
Many employees within the City of Dover are required to maintain certification(s) as per their job description.
It is recognized that employees may need to attend training that is required for them to maintain their professional
certification(s) on a non-work day. Effective January 1, 2018, all non-exempt employees who attend training
for the purpose indicated previously, are to receive compensation per the U.S. Department of Labor guidelines.
Every effort should be made so the employee can attend training during their normal work hours as employees
need to enjoy a work/life balance. In addition, employee returning from training that involves out of town travel
and the employees returns home midnight or later, shall enjoy at least eight (8) hours of rest (unpaid) prior to
reporting back to work.
The U.S. Department of Labor guidelines state the following:
Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar
activities will not be counted as working time if the following four criterias are met; it is outside normal hours,
it is voluntary, not job related and no other work is concurrently performed.
Travel Time: The principles which apply in determining whether time spent in travel in compensable time
depends upon the kind of travel involved.
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Home to Work Travel: An employee who travels from home before the regular workday and returns to his/her
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home at the end of the workday is engaged in ordinary home to work travel, which is not work time.
Home to Work on a Special One Day Assignment in Another City: An employee who regularly works at a
fixed location in one city is given a special one day assignment in another city and returns home the same day.
The time spent in traveling to and returning from the other city is work time, except that the employer may not
deduct/not count that time the employee would normally spend commuting to the regular work site.
Travel Away from Home Community: Travel that keeps an employee away from home overnight is travel
away from home. Travel away from home is clearly work time when it cuts across the employee’s workday.
The time is not only hours worked on regular working days during normal working hours but also during
corresponding hours on nonworking days. Time spent in travel away from home outside of regular working
hours as a passenger on an airplane, train, boat, bus or automobile is not considered as hours worked. If you are
the driver of the automobile, compensation will be provided.
The statements included herein regarding the U.S. Department of Labor guidelines have been prepared by the
City for your convenience, but the City is not responsible for any statement herein that might be misleading or
incorrect and the employee is referred directly to the guidelines set by the U.S. Department of Labor as the
accurate statement.
Contact the Human Resources Department for additional guidance and clarification.
ARTICLE 4
EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
The City of Dover is committed to providing equal employment opportunities to all citizens and maintaining a
high-quality workforce that draws upon from the talents of our highly diverse citizenry community. to effectively
operate our City government. Through sound recruitment, promotion, and retention practices Dover will
continues to strive for a workforce that reflects reflecting the diversity of the City’s population.
Section 1. Equal Employment Opportunity and Affirmative Action Policy
It is the policy of The City to promotes and fosters equal employment opportunities, nondiscrimination, and a
work atmosphere that fosters grounded on mutual respect and understanding among all persons of different races,
sexes genders, and faiths and etc. The City of Dover shall provide equal opportunity to all qualified individuals
in recruitment, hiring and promotion practices and shall assures that no one shall suffer discrimination or
harassment by a City employee on the grounds of race, color, religion, sex, gender, sexual orientation, marital
status, genetic information, physical handicap disability, age or national origin. Applicants with physical
handicaps a disability shall be given equal consideration with other applicants for positions when the City is able
to make reasonable accommodations to help them perform the essential functions of their duties.
Section 2. General Implementation
All personnel responsible for recruitment and employment shall periodically review the implementation of this
policy and relevant practices to assure that equal employment opportunity based on reasonable performance
related job requirements are being actively observed. This will ensure that no employee or applicant for
employment shall suffer discrimination based on age, sex, gender, race, color, religion, national origin, sexual
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Exhibit A
orientation, marital status, genetic information or physical handicap disability. Notices with regard to equal
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employment matters shall be posted in conspicuous places on City Government premises where notices are
ordinarily posted.
Section 3. Communication
(a) Internal: This policy shall be thoroughly disseminated and discussed at new employee orientation and
management training programs.
This shall be the City’s policy, and efforts to achieve the City’s objectives in this area shall be published in an
informational brochure and given to employees annually.
The intent of this policy and program and the individual responsibility for effective implementation of same shall
be explained to staff, management and supervisory personnel.
Equal employment opportunity and affirmative action posters shall be prominently displayed in places readily
accessible to both employees and applicants.
All employment advertising shall display the tag lines: “An Equal Opportunity Employer” or its equivalent.
(b) External: All sources of applicants for employment shall be notified annually in writing of the City’s policy.
These sources shall be requested to actively recruit and refer minority, female and handicapped disabled
applicants for positions listed.
The City of Dover shall notify minority, female and handicapped organizations community agencies, community
leaders, secondary schools and colleges of the City’s policies of non-discrimination and equal employment
opportunity, and the Affirmative Action policy.
The City of Dover shall strive to contact organizations representing or providing services to minorities, females
and disabled persons that the City is always open to employing the persons they represent and will appreciate
referrals for employment to the City. These organizations shall be advised of the city’s status as an Equal
Opportunity Employer.
Section 4. Responsibilities for Implementation
(a) Human Resources Director
1. The Human Resources Director of the City of Dover shall serve as the Equal Employment Opportunity
Officer and be responsible for implementation of this plan. The Department Head of each City department
shall be responsible for their department and shall be accountable for implementing the City’s policy.
1. Every city leader assumes a proactive role in Dover’s EEO plan. Each Department Head shall be
responsible and accountable for implementation of the City’s policy.
2. The Human Resources Director shall be responsible for auditing and continually reviewing the City’s
hiring practices and employee behavior with respect to the Policy. The City Manager shall be notified of
any complaints initiated against the City or city personnel and any requests from private organizations
and people wishing to discuss our employment practices.
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3. The Human Resources Director shall have a complaint procedure to permit and encourage employees
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to discuss with the Human Resources Director any problem resulting from alleged bias, discrimination,
lack of employment opportunity or any similar matter.
A. Human Relations Commission
The City of Dover has a Human Relations Commission whose purpose is to make recommendations to the
City Council on ordinances which would support inclusiveness and civility, and to engage in education and
advocacy for bettering human relations. The Human Relations Commission should be consulted from time to
time on progress of this policy, and shall be given opportunities to educate the work force on bettering human
relations.
Section 5. Identification of Problem Areas
A continuing analysis will be made by City Council and the City Manager to determine review the quality,
integrity and the composition of the work force, the applicants for employment, and the results of employment
activities. The selection process including position descriptions, application forms, interviews, test procedures
(if applicable), test validity, referral procedures, final selection process, as well as transfer and promotion
practices shall be constantly monitored to assure equal opportunity.
Section 6. Recruitment
The City of Dover will continue to make special efforts to convince minority, female and handicapped disabled
individuals in the community that the City offers equal opportunity and a congenial employment environment.
In this connection, effective communication will be maintained with the State Human Relations Commission
and the State Employment Office Delaware Department of Labor to encourage under represented groups
minority, female and disabled individuals to seek employment with the City of Dover.
The City maintains continual personal contact with those having the most access to minority groups, females
and handicapped disabled individuals. These sources include school principals, community leaders, college
career advancement offices, religious leaders and heads of minority groups. Referral to the City of Dover for
employment is encouraged.
Moreover, to broaden the recruitment base with respect to placing minority, female and handicapped disabled
employees under represented groups in professional categories, the City of Dover will communicate its needs to
public and private employment offices emphasizing opportunities that are available. The City will continue to
maintain relationships with all organizations which have as an objective the improvement of improving the
employment opportunities for minority, female and handicapped disabled persons under represented groups.
In all employment advertising, the City of Dover will identify itself as an Equal Opportunity Employer, abiding
by all the provisions of Title VII, Civil Rights Act.
A system of quotas shall not be utilized in the recruitment and selection of employees.
Minority, female and handicapped disabled Under represented applicants for management and supervisory
positions shall be energetically recruited in keeping with all the provisions and intent of this policy.
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Section 7. Advancement
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Minority, female or handicapped disabled Under represented employees who have previous experience or who
have demonstrated abilities and qualifications comparable to other applicants shall be considered for promotional
opportunities--particularly where training or educational refund is to be afforded. They shall be encouraged to
undertake training opportunities. The City has no formal training programs other than “on the job” training.
SECTION 8. INVOLVEMENT IN COMMUNITY ACTIVITIES
The City shall be actively involved in community activities that are minority, female and handicapped
oriented. Both elected and non-elected City Officials will donate their free time to minority organizations by
giving talks/greetings or attending affairs sponsored by such groups.
ARTICLE 5
RECRUITMENT AND SELECTION
Section 1. Recruitment Sources
Recruitment sources may include but not limited to including but not limited to newspapers, on-line recruiting
services, employment agencies, job training and referral agencies and schools. shall be advised periodically of
the City's EEO policy. The City shall include among its recruitment sources the organizations and news media
which are used by and are available to minority group applicants. Opportunities for employment with the City,
including salary ranges, when appropriate, and employment qualifications for positions to be filled shall be
publicized. Information on job openings and hiring practices shall be provided to recruitment sources.
Individuals shall be recruited from a geographic area as wide as is necessary to ensure that well-qualified
applicants are obtained for City service.
Section 2. Job Advertisements
Employment advertisements shall contain assurances of equal employment opportunity and shall comply with
federal and state statutes regarding discrimination in employment matters based on race, color, religion, sex,
gender, sexual orientation, marital status, genetic information, physical handicap disability, age or national
origin.
Section 3. Application for Employment
With the exception of uniformed police officers, employment applications will only be accepted to fill positions
which the City is actively seeking to fill, unless it is determined by the Human Resources Director that it is
necessary to broaden representation of minority, female, or handicap disabled employees under represented
groups or in the event of high turnover in select positions. in which case applications shall be accepted at any
time. Applicants are told upon inquiry that applications will be kept under active consideration for six (6)
months after the date of application, after which they will be placed in a reserve file (see Section 4 below).
Applications for uniformed police officers are accepted continuously and can be obtained at via the Police
Department.
Employment practices shall be applied consistently for all applicants and shall be put in writing in sufficient
detail to facilitate administration by all employees. assigned to work in that area. All citizens qualified applicants
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Exhibit A
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must be permitted to file apply. If qualified applicants are being referred to department supervisors, then all those
persons with comparable qualifications shall be referred.
All applicants who are interviewed for a position with the City and not selected shall be told why they were not
selected for the position.
The City of Dover will not use any testing procedures to screen applicants other than recognized validated tests.
SECTION 4. APPLICATION RESERVE FILE
Applications shall be kept in an active file for a period of not less than six (6) months. After six months,
applications shall be kept in a reserve file for a period of thirty-six (36) months.
To the extent that it is practical, reference to these files shall be made periodically in connection with the
City's employment requirements to ensure that equal consideration is given to all applicants.
Section 5. 4. Qualification Standards
(a) Employees shall meet the employment standards established by the position classification plan job description
and such other reasonable minimum standards of character, aptitude and ability to meet the public need and
physical condition as may be established by the City.
(b) The City's policy includes the responsibility City is responsible for insuring that the hiring qualifications for
both entry level and promotional level jobs are fair and will continue to be fairly administered. Qualifications
shall be reviewed periodically to assure that requirements conform to the actual job performance requirements.
Qualifications and standards shall not be compromised. However, requirements particularly with regard to
education, knowledge and experience, for each job shall be reasonable rather than excessive so as not to
unwittingly discourage or eliminate minority, female or handicapped disabled individuals whose backgrounds
may be minimal in these areas under represented individuals from applying.
(c) In keeping with both these responsibilities, the City may hire applicants who do not meet all minimum
qualifications for particular jobs, provided that the deficiencies are such that they can be eliminated through
orientation and on-the-job training.
(d) An applicant that is being offered employment will be presented with a written conditional offer of
employment. The offer will be contingent upon successful completion of a pre-employment drug and alcohol
screening (when applicable); Department of Transportation physical (when applicable); a criminal background
investigation; driving record and any other test that is deemed appropriate. The drug/alcohol test will be
conducted at a City designated medical facility at the City’s cost.
Results from the pre-employment screenings will be discussed with the applicant. The offer of employment may
be rescinded because of results. When reviewing criminal matters, the City will take into account the nature and
gravity of the offense and the amount of time that has passed since the conviction as it relates to the nature of
the position. In addition, the offer of employment may be rescinded if the criminal conviction is serious in
nature, job-related and/or consistent with business necessity. An applicant whose conditional offer of
employment is rescinded will receive notice from the City that he or she was screened out of the position because
of past criminal conviction and provided an opportunity to demonstrate that the exclusion should not be applied
to them.
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Exhibit A
SECTION 6. TESTING
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Tests administered by the City or by the Delaware Department of Labor for the City will conform to applicable
legal regulations.
Section 7. 5. Appointments
It is the policy of the City to employ according to knowledge, skills and abilities as stated in the job description
for the position subject to employee labor agreements, if applicable. To that end, the City shall use all available
means to attract qualified candidates for employment and to make such investigations and examinations as are
deemed appropriate to assess fairly the aptitude, education, experience, knowledge, skills, character, and other
qualities required for positions in the service of the City. Uniformed police officers will be required to meet the
standards set by the Counsel Council on Police Training (C.O.P.T).
It is the City's policy to promote career opportunities for its employees when possible. Therefore, when a current
employee applying for a vacant position is considered the best qualified candidate of all the applicants, that
applicant shall be appointed to that position. All internal candidates shall be interviewed for positions for which
they apply if they have the outlined qualifications and are one of the most qualified candidates.
When positions are to be filled, the City shall publicize opportunities for employment including the salary ranges,
when appropriate, and employment qualifications for positions to be filled. At a minimum, job opportunities
shall be publicized on the City’s website, in a local newspaper and notice of vacancies shall be posted at
designated conspicuous sites within City departments buildings. The Human Resources Director shall also make
available to the Department Heads for consideration current applications on file in the Human Resources
Department.
The above section is subject to employee labor agreement, when applicable.
Section 8.6. Probationary Period of Employment
An employee appointed to a regular position other than a sworn police officer shall serve a probationary period
of six (6) months. An employee appointed to a regular sworn police officer position shall serve a probationary
period of twenty-four (24) months. An employee may be dismissed during the probationary period at any time
the Department Head determines that the employee is not satisfactorily performing the assigned duties and/or
does not demonstrate the skills, attitude and demeanor necessary for the position. The probationary period of
employment shall can be extended if the employee experiences an extended absence during the probationary
period. The probationary period can also be extended if the Department Head and the Human Resources Director
determines deficiencies can be overcome in a short time frame. An probationary employee that is terminated
or voluntarily leaves during the probationary period will be credited with any vacation days earned.
An employee serving a probationary period following initial employment in a full-time or part-time position
shall receive all benefits provided in accordance with this policy with the following exceptions or as otherwise
provided: shall be subject to the following guidelines:
(a) Employees serving an initial probationary period will may accumulate vacation and sick leave but shall not
and will be permitted to take his or her leave during the first six (6) months of the probationary period. unless
the denial of such leave would create an unusual hardship.
(b) Employees serving a probationary period following a promotion shall continue to receive all benefits provided in accordance
with this policy and under other supplementary rules and regulations and will be permitted to take vacation and/or sick leave
prior to the end of the probationary period.
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Exhibit A
(c) Employees who are currently serving a probationary period of employment shall be eligible for
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promotions or lateral transfers. (copied from Section 1. of Article 6)
Before completion of the probationary period, the Department Head or Department Head representative shall
indicate in writing to the Human Resources Director:
(a) that the employee's supervisor has discussed the new employee's or promoted employee’s progress
throughout the probationary period (accomplishments, strengths and areas of improvements) with the new
employee,
(b) whether the new employee is performing satisfactory work,
(c) whether the probationary period should be extended provided that no employee shall remain on probation in
a probationary period for more than one (1) year, other than a sworn police officer and
(d) whether the employee should be retained in the present position or should be released, transferred or demoted.
An proper approved City of Dover performance evaluation form must be used completed.
The above section is subject to employee labor agreement, when applicable.
ARTICLE 6
TYPES OF APPOINTMENTS
Section 1. Promotion
(a) Candidates for promotion shall be chosen on the basis of existing or anticipated job openings, their
qualifications and their work records without regard to race, color, religion, sex gender, sexual orientation,
marital status, genetic information, physical handicap disability, age or national origin. Performance appraisals
and work records for all personnel shall be carefully examined when there is a position opening. Employees who
are currently serving a probationary period of employment shall be eligible for promotions or lateral transfers.
(b) When a vacancy occurs, the Department Head or designated supervisor in whose department the vacancy
occurs shall review all the applications provided to them by the Human Resources Department, including those
from current city employees.
The above section is subject to employee labor agreements, when applicable.
Section 2. Demotion
Any employee whose work in his/her present position is unsatisfactory and/or whose personal conduct is
unsatisfactory may be demoted, provided the employee shows promise of becoming a satisfactory employee in
another position. Such a demotion shall be preceded by warning procedures outlined in Article XV, Section 8.
Any employee who wishes voluntarily to accepts a position with less complex duties and responsibilities may
be demoted for reasons other than unsatisfactory performance of duties or failure in personal conduct.
If the demotion is for failure in performance of duties or failure in personal conduct, the employee shall be
provided with a written notice citing the recommended effective date and reasons for demotion.
Representative causes for demotion because of failure in work performance and failure in personal conduct are
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Exhibit A
listed in Article XV, Sections 9 and 10.
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SECTION 3. TRANSFER
Based on the needs of the City, any employee who has successfully completed a probationary period may be
transferred to the same or similar class in a different department. In which case, the employee would be required
to complete another probationary period. Any employee desiring to be transferred should make the request to
the receiving department and inform the Human Resources Director.
As vacancies occur in other departments and if an employee wishes to be considered for transfer, the employee
must complete the same paperwork as required by all interested applicants.
Section 4.3. Temporary Upgrading
To assure the orderly performance and continuity of municipal service, the City may find it necessary to
temporarily upgrade employees on an acting basis to a position of a higher rank. Temporary upgrading may be
required in order to fill or compensate for temporary vacancies which may exist for any of the following reasons:
(a) A position is vacant and is scheduled to be filled by a regular full-time employee and a period of time is
required so as to proceed with and complete the normal appointment/recruitment procedure.
(b) A position is temporarily vacant, although regularly filled, because the regular employee is on vacation, sick
leave, light duty, Worker’s Compensation, special assignment or some other an approved leave of absence.
After having been upgraded under this policy for thirty (30) consecutive or more calendar days, an employee
shall become eligible for a temporary upgrade pay increase on the thirty-first (31) calendar day. Pay increase
shall be a minimum of 5% or the minimum starting salary of the position, which ever is greater.
(c) An employee who is temporarily upgraded and becomes eligible for a pay increase must wait thirty be actively
performing the duties of the position for (30) calendar days from the time of his/her upgrade before the increase
goes into effect. Leave such as sick and vacation will not count towards the 30 calendar days. The increase will
take effect on the 31st calendar day. The employee shall receive a minimum one step pay increase or an increase
to the minimum step of the range of the position that he/she is filling or a 5% increase, whichever is higher
greater, until the employee is downgraded.
The above section is subject to employee labor agreements, when applicable.
Section 5.4. Employee Evaluation
It shall be the policy of The City of Dover shall conduct a performance evaluation of to evaluate all employees
prior to their review dates and to recommend increases based on a satisfactory evaluation to be effective on the
review date. An employee shall not receive an increase if this evaluation proves to be unsatisfactory. An
unsatisfactory evaluation may disqualify an employee for a salary increase.
The following guidelines shall be followed in this review:
(a) Every regular employee shall be reviewed for a full year of service, with the exception of the review
completed at the end of the probationary period.
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Exhibit A
(b) The Supervisor shall arrange to meet with the employee to discuss the employee’s evaluation no later than
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two weeks prior after to the employee's scheduled review date. For non-bargaining employees, a supervisor shall
arrange to meet with the employee no earlier then May 1 and no later than May 25 of each year.
(c) The supervisor shall review the employee’s overall performance status, areas needing improvements, training
needs as well as major strong points to the employee. The appropriate approved City of Dover Employee
Evaluation form must is to be used.
(d) It is recommended that The employee should be given a copy of the performance evaluation at least two (2)
days prior to discussing the evaluation with the supervisor.
(e) The Department Head and/or supervisor and the employee are to sign the evaluation. shall request the
employee's signature on the overall evaluation. and, if, the employee meets the criteria of the Pay for Performance
plan, a merit pay increase should be recommended to the appropriate Department Head. If such merit increase
is granted, the increase shall be submitted on Pay for Performance Salary Calculation Worksheet, prior to the
due date, to the Human Resources Department.
MOVED LANGUAGE FROM ARTICLE III – PAY PLAN, SECTION 3 USE OF SALARY RANGES B AND C
(f) All factors affecting an employee’s performance shall be considered in determining whether or not the
employee shall receive an increase or be retained at the current rate of pay. The performance evaluation shall
cover a full year of active service. This provision is for bargaining and non-bargaining positions.
(g) The date for the performance evaluation described in subparagraph (b) above shall be the annual anniversary
of an employee's employment date or date of change of position. This procedure applies to all bargaining
employees. Another date for a new employee may be designated when deemed necessary in the best interest of
the City, and shall be based on such factors as the qualifications of the new employee being higher or lower than
the desirable education and training for the class or a shortage of qualified applicants for the job and the need to
offer qualified applicants another review date other than their employment date to secure their employment.
Another date may be established for current employees when the Department Head determines there are
performance deficiencies.
(h) Two consecutive unsatisfactory evaluations shall can be grounds for termination for failure in Performance
of Duties.
The above section is subject to employee labor agreement, when applicable.
ARTICLE 7
ETHICAL CONDUCT
Section 1. Gifts and Favors
(a) No employee of the City shall accept any gift, whether in the form of service, loan, thing or promise from
any person who, to the employee's knowledge, is interested directly or indirectly in any manner in business
dealings with the City.
(b) No employee shall grant, in the discharge of duties, any improper favor, service or thing of value.
Section 2. Political Activities of Employees
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Exhibit A
(a) No employee of the City shall, directly or indirectly, contribute any money or anything of value to any
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candidate for nomination or election to any City office, to any City office candidate campaign or take active part
in any City political campaign. The only exception to this prohibition is voting.
(b) A person holding a City position shall not, while performing official duties or using City equipment at the
person's disposal by reason of his/her position, solicit in any manner contributions for any purpose. Also a person
cannot engage in any activity during working hours that impairs the efficiency of the position or presence during
the working hours.
(c) A person holding a City position shall not, by the authority of the position, secure or attempt to secure in any
manner for any other person an appointment, or advantage in appointment, to a City position or an increase in
pay, or other advantage of employment, in any such position for the purpose of influencing the vote of that
person, or for any other consideration.
(d) A person who supervises a City employee shall not directly or indirectly solicit the person supervised to
contribute money, anything of value or service, for any purpose not connected to said person's employment.
(e) Any person holding a City position who shall become a candidate for any elective office of the City of Dover,
shall within sixty (60) days prior to the primary or general election voluntarily or automatically receive a leave
of absence. This leave will be without pay and continue until the person is eliminated as a candidate. During
this time the person shall perform no duties connected with the office or position so held.
(f) An employee shall terminate his/her employment with the City if appointed or elected to an elective office of
the City prior to installation in the position or office.
Any violation of this section shall subject such employee to dismissal or other disciplinary action.
Section 3. Outside Employment
The work of the City will take precedence over other occupational interests of employees. All outside
employment for salaries, wages, commission and self-employment must be reported in writing to the employee's
supervisor, who in turn will report to the City Manager or an appropriate City Official for review and approval.
The City Manager or the appropriate City Official will review such employment for possible conflicts of interest
and/or impact upon the efficiency of the employee. Such request will be placed in the employee’s personnel file
located in the Human Resources Department. For sworn police officers the request will be maintained in the
City’s personnel files maintained by the police department. Conflicting outside employment or outside
employment which inhibits an employee's efficiency will be grounds for disciplinary action, up to and including
dismissal.
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Exhibit A
Employees who are on a leave of absence during which benefits are maintained are prohibited from outside
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employment which violates medical restrictions. This shall include self-employment. If such employment is
determined, the employee will be subject to discipline up to and including termination.
Section 5. Limitation of Employment of Relatives
(a) Members of an immediate family shall not be employed at the same time if such employment would result
in an employee directly or indirectly supervising a member of his/her immediate family.
(b) This policy shall not be retroactive as of April 5, 1984 and no action will be taken concerning those members
of the same family employed in conflict with (a) above prior to April 5, 1984.
(b) Immediate family is defined for the purpose of this section as spouse, mother, father, guardian, children,
sister, brother, grandparents, grandchildren plus the various combinations of half, step, in-law and adopted
relationships that can be derived from those named.
Section 6. Discrimination and HarassmentI
State and/or Federal law prohibits discrimination on the basis of, among others, race, marital status, genetic
information, color, age (40 or older), religion, sex (including pregnancy), sexual orientation, gender identity,
national origin, disability, or status as a victim of domestic violence, a sexual offense, or stalking. Harassment
(including sexual harassment) often is considered a form of unlawful discrimination. It is the policy of the City
of Dover to prohibit and not tolerate unlawful discrimination or unlawful harassment and to promote a workplace
and work environment that is free of unlawful discrimination or unlawful harassment or conduct that might
reasonably be perceived as constituting such, whether verbal, physical, or environmental.I
Anti Sexual Harassment Specifically (Definition):
For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made,
either explicitly or implicitly, a term or condition of a person’s employment; (2) submission to or rejection of
such conduct by a person is used as the basis for employment decisions affecting the person; or (3) such conduct
has the purpose or effect of unreasonably interfering with a person’s work performance, or creates an
intimidating, hostile or offensive working environment.
Examples of sexual harassment include, but are not limited to: unwanted physical advances; requests for sexual
favors in exchange for favorable treatment or continued employment; unwelcome flirtation, advances, or
propositions; verbal abuse of a sexual nature; graphic, verbal commentary about a person’s body, sexual prowess,
or sexual deficiencies; leering, whistling, touching, or pinching; suggestive insulting, or obscene comments or
gestures of a sexual nature; display in the work place of sexually-suggestive objects or pictures; transmitting or
forwarding e-mails containing offensive, suggestive, or lewd attachments, statements, or jokes; and uploading,
downloading, or viewing inappropriate pictures or material onto organizational information systems. The above
list is illustrative of types of conduct that would violate this policy and, as such, by no means represents an
exclusive list of conduct that could lead to disciplinary action, up to and including termination of employment.
Guidelines:
All City of Dover employees must comply with this policy, which applies to conduct both within the work
environment and elsewhere when an employee acts in an official capacity as a City of Dover representative.
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Exhibit A
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The City of Dover will not tolerate, condone, or allow unlawful discrimination or unlawful harassment, whether
engaged in by fellow employees, supervisors, managers, outside clients, or other non-employees who conduct
business with us.
While the City of Dover encourages persons who believe they are being unlawfully harassed firmly and promptly
to notify the offender that his or her behavior is unwelcome and must cease immediately, we also realize that the
power and status disparities between the alleged harasser and the person allegedly harassed may make such a
confrontation unlikely. Especially When direct communication is either ineffective or impossible, City
employees are expected to follow the procedures stated below:
All employees must take appropriate measures to ensure that prohibited conduct does not occur. Members of
management in particular must intercede to stop any violating behavior. City of Dover employees must report
all such harassment, regardless of who the offender may be.
In addition to discipline by the City of Dover as your employer, persons who engage in acts in violation of this
policy may also be subject to civil and criminal penalties.
The City of Dover will not retaliate in any way against any person who makes a good faith report of violation of
this policy, nor will the City of Dover permit any supervisor, officer, or employee to do so. Retaliation is a
serious violation of this policy and should be reported immediately.
Procedures:
1) A report of violation of this policy must be made promptly to the City of Dover Human Resources
Director. While initial reports may be made verbally, a written statement of complaint also must be provided.
2) Such alleged violations will be investigated by the City of Dover Human Resources Department as
appropriate under the circumstances. Throughout the investigation process, confidentiality will be maintained
to the extent practical and appropriate under the circumstances, including to protect the privacy of persons
involved. During an investigation, alleged offenders will generally be made aware of the report and, where
deemed appropriate, will be given an opportunity to respond and propose witnesses. The Department of Human
Resources will keep the complainant informed as to the status of the investigation. Upon completion of the
investigation, the Human Resources Director shall recommend to the City of Dover Manager the appropriate
action to be taken, unless the report alleges violation by the City Manager, in which case the recommendation
shall be made to the City of Dover Council President.
3) In the event an employee alleges a violation of this policy by the Human Resources Director, then a report
of a violation of this policy may instead be made to the City Manager; and any investigation will be handled
through the City Manager.
4) Employment conditions of the complainant and any witnesses will be in no way adversely affected
through use of this procedure. However, if an investigation clearly reveals that the complainant knowingly and
intentionally made a false accusation of harassment, appropriate disciplinary action will be taken.
5) If the alleged violation of this policy cannot be substantiated, this finding will be communicated to the
complainant in an appropriately sensitive manner. The complainant is always free to provide additional evidence
for investigation.
6) Persons found to have engaged in misconduct constituting a violation of this policy, will be disciplined,
up to and including termination of employment. Appropriate sanctions also may include written reprimand and
referral to counseling.
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Exhibit A
Approved by City Council April 2019
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Section 7. Acceptable Use of Communications and Computer Systems
Definition: City of Dover Communications devices, and are computer systems or any equipment, hardware,
software, or networks (including wireless networks) owned, provided or used by or on behalf of the City of
Dover that store or transmit voice or non-voice data. This includes telephones, cellular/wireless telephones,
voice mail, computers, e-mail, facsimiles, pagers, and City Intranet or Internet access (including when accessed
through personally owned computers).
Users are obligated to never use City systems (such as the Intranet or Internet) to engage in activities that are
unlawful, violate City policies, or in ways that would:
• Be disruptive, causing unnecessary offense to others.
• Be considered harassing, discriminatory, or creating a hostile work environment.
• Result in the City of Dover’s liability, embarrassment, or loss of reputation.
External groups or organizations are not permitted to access the City’s computer network, except as permitted
by the Information Technology Department (IT).
While City systems are intended for primarily business/instructional purposes, limited (incidental and
occasional) personal use may be permissible when authorized by the employee’s supervisor/Department Head
and it does not:
• Interfere with the employee’s work responsibilities.
• Involve interests in personal outside business and/or other non-authorized organizations and
activities (including, but not limited to selling personal property/items or soliciting for or
promoting commercial ventures, charitable, religious, or political activities).
• Violate any of the standards contained in this code or other City policies.
• Downloading of music and video files is specifically forbidden.
City communications and computer systems, including, but not limited to, computer networks, data files, e-
mail and voice mail, may be monitored and/or accessed by the IT Staff and management to ensure the integrity
of the technology, protect against fraud and abuse, detect unauthorized access or use, and for other business
purposes. Although the IT Department does not routinely monitor message or network transactions, IT may,
without notification or approval, monitor, access and review any and all communications originating from the
City of Dover or delivered to the City of Dover – employees should have no expectation of privacy in regard to
use of these services.
Inappropriate use of e-mail includes, but is not limited to, sending or forwarding:
• Messages, including jokes or any language that may be considered discriminatory, harassing,
unlawful, defamatory, obscene, offensive, insensitive, or otherwise inappropriate (this includes
but is not limited to messages about age, race, gender, disability, national origin, any other legally
defined discriminatory classifications or similar matters.)
• Pornographic or sexually explicit materials.
• Chain letters.
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Exhibit A
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Information related to religious materials, activities, or causes – including inspirational messages.
• Solicitations unless sanctioned by the City of Dover.
• Auction-related information or materials unless sanctioned by the City of Dover.
• Games or other software copyrighted materials without a legitimate business or instructional
purpose (and then only according to the rights and licenses granted by the owner of the games,
software, or copyrighted material.)
• Messages that disparage other companies or products.
• Materials related to personal commercial ventures or solicitations for personal gain (including,
but not limited to messages that could be considered pyramid schemes).
• Information related to political materials, activities, or causes unless sanctioned or permitted by
the City of Dover.
• Unauthorized or inappropriate mass distribution of communication.
• Any other materials that would be improper under this policy or other City of Dover policies.
Inappropriate use of the Internet includes, but is not limited to, accessing, sending or forwarding information
about, or downloading (from):
• Sexually explicit, harassing, or pornographic sites.
• “Hate sites” or sites that can be considered offensive or insensitive.
• Auction sites for personal use.
• Gambling sites.
• Non-City of Dover business-related chat sites.
• Underground or other security sites which contain malicious software and/or instructions
for compromising City of Dover security.
• Games, software, audio, video, or other materials that are not properly licensed to use or
transmit, or that are inappropriate.
• Offensive or insensitive materials, such as sexually or racially oriented topics.
• Intentional importation of viruses.
REMEDIAL ACTION
When IT learns of a possible inappropriate use, IT will immediately notify the employee or supervisor who must
take immediate remedial action and inform IT of its action. Repeated violations will be addressed with the
Department Head. In instances where criminal activity is suspected, IT will work directly with the proper
authorities, and follow their guidance in determining appropriate action.
Inappropriate use of City communications and computer systems may be grounds for discipline up to and
including dismissal.
Section 8. Social Networking: Personal Online/Internet Content Policy
City of Dover Employees are advised that their conduct both on and off duty is judged by our citizens and
reflects on the City. This includes, but is not limited to, conduct related to materials posted on the internet or
disseminated electronically. No employee shall allow or permit any digital media to be posted to the internet
that:
(a) Could reasonably be interpreted to express the opinions of the City of Dover. An employee may comment
on a subject of general interest and of value and concern to the public provided that, in doing so, the employee
does not suggest or imply that the views expressed are those of City of Dover.
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Exhibit A
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(b) Has both a reference to the employee being affiliated with City of Dover and which contains content that is
unprofessional, unbecoming or illegal, such as lewd sexual conduct, excessive alcohol consumption or similar
behaviors.
--
(c) Could be reasonably interpreted as having an adverse effect upon discipline issued by the City discipline,
and operation of the agency, safety of staff or perception of the public.
(d) Contains any recording, including images, obtained while engaged in the performance of duties or other
city activities that will have an adverse effect upon the agency.
Violations may be grounds for discipline up to and including dismissal.
Section 9. Pregnant Workers Fairness Act Guidelines
The purpose is to set forth the City of Dover’s policy regarding workplace protections afforded to pregnant
employees and applicants for employment, who have a pregnancy-related condition, including but not limited to
child birth and lactation, under the Pregnant Workers Fairness Act (Delaware Senate Bill 212, enacted September
9, 2014). 19 Del C. §711
DEFINITIONS
The following definitions are for the purposes of this policy:
Pregnancy: Includes pregnancy, childbirth or a related condition, including, but not limited to, lactation.
Reasonable Accommodation: Making reasonable changes in the workplace, including, but not limited to,
making facilities accessible, modifying equipment and providing mechanical aids to assist in operating
equipment, making reasonable changes in the schedules or duties of the job, temporary transfers, time off to
recover from childbirth, or break time and appropriate facilities for expressing breast milk, provided that the
accommodations do not impose an undue hardship on agency operations.
Undue Hardship: An accommodation which would require significant difficulty or expense to the employer.
GENERAL PROVISIONS
1. It shall be an unlawful employment practice for an employer to fail, refuse to hire, discharge any
individual or otherwise to discriminate against any individual with respect to compensation, terms,
condition or privileges of employment because of such individual’s sex (including pregnancy status).
2. The City of Dover is required to make reasonable accommodations for the known limitations of pregnant
employees, as long as the accommodation does not constitute an undue hardship for the employer.
3. Reasonable accommodations must be made for employees whose ability to work is limited by pregnancy,
childbirth, lactation and related conditions.
4. Accommodations for pregnant employees must be the same as those that are available to those employees
with other injuries or disabilities.
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Exhibit A
5. Accommodations may include providing periodic rest, light-duty assignments, temporary transfer to an
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alternative position, modified work schedule or job responsibilities, and providing more frequent or
longer breaks. The City is not required to compensate for additional or longer breaks; however,
employees taking longer or more frequent breaks for a pregnancy-related condition (including expressing
milk) must be compensated consistent with the City’s existing policy regarding compensation for break
periods.
6. Guidelines Specific to Nursing Mothers:
a. The City shall designate a location, other than a bathroom, for nursing mothers to express milk,
that is shielded from view and free from intrusion from co-workers and the public.
b. The City shall provide reasonable break time for an employee to express breast milk for up to one
(1) year after the birth of a child.
c. The employee must be completely relieved from duty or the time must be compensated as work
time.
d. Break for expressing breast milk shall not be considered Family Medical Leave Act leave.
7. The City is not permitted to require an employee to take leave (paid or unpaid) under any leave law or
policy if another reasonable accommodation can be provided.
8. Medical documentation may be requested in order to determine the employee’s restrictions or limitations
for purposes of providing a reasonable accommodation.
9. The City shall not take adverse action against an employee in the terms, conditions, or privileges of
employment for requesting or using a reasonable accommodation to the known limitations related to the
pregnancy of the employee.
EMPLOYEE RESPONSIBILITIES
1. Employees must notify their supervisor in writing of the need for accommodation, including the need for
breaks or facilities to express breast milk. Notification should include the expected/anticipation frequency
and duration of breaks, when feasible.
2. Employees shall meet with their supervisor and Human Resources to obtain and complete the appropriate
forms regarding their accommodation request.
CITY’S RESPONSIBILITIES
1. The City shall provide employees with written or verbal notification of their rights under this law within
ten (10) days of notification of the employee’s pregnancy.
2. The City shall provide notice of this policy in writing to new employees at the commencement of
employment.
The guidelines stated herein are a resume of requirements by State law and the City is not responsible for
incorrect or inaccurate interpretations thereof but merely furnishes this resume as a convenient guide to affected
employees. For a legal statement of the requirements, the employee is referred to 19 Del C. §710 and the
subsequent sections of this subchapter titled “Discrimination in Employment.”
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Exhibit A
ARTICLE 8
D Item 12.
CONDITIONS OF EMPLOYMENT
Section 1. Unexplained Absence
Any absence of three (3) or more consecutive days without a call-in by any City employee may be deemed and
held to be, a resignation by such member and accepted by as such as by the City.
Section 2. Use of City Supplies, Equipment and Vehicles
City equipment, materials, tools and supplies shall not be available for personal use nor be removed from City
property except in the conduct of official City business.
An employee shall care for vehicles owned by the City in the same responsible way that an employee would
care for his or her personal vehicle. Lack of care can result in disciplinary procedures. Such vehicles are to be
used exclusively for official City business, except when by special approval. Use of vehicles for commuting to
and from work shall usually be limited to an employee who is subject to an emergency call back to work.
No individual shall operate or ride in a City vehicle except as is required for the conduct of City business.
City equipment, materials, tools and supplies are provided for official use only and shall not be available for
personal use nor be removed from City property except in the conduct of official City business.
The policy applies to any person operating a vehicle for the purpose of conducting official functions of the
municipal government. Use of City vehicles will be in accordance with applicable federal, state, and local
statutes, regulations, and city municipal codes.
City Vehicles Taken Home for On-Call Duties, Emergency Use and Commuting
City vehicles taken home will be parked at the employee's residence after normal work hours. The assigned
vehicle will not be used for any personal convenience. This includes personal errands.
Employees assigned a City vehicle while on call are required to respond to the job site safely within 30 minutes of
being notified.
The Department Head of the employee(s) is responsible for maintaining lists of all personnel assigned
City vehicles. Staffing changes are to be updated as they occur. The list shall contain the following
elements:
• identification of the municipal person authorized to commute,
• the one-way mileage between the municipal person's residence and normal place of
work; mileage cannot shall not exceed 25 miles from the employee’s residence to
normal work location,
• the normal duty hours of the authorized municipal person,
• the telephone contact information of the authorized municipal person,
• the designation of the employee's use (on-call, emergency, or commute).
On-call and emergency response use does not constitute a federal or state taxable benefit.
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Exhibit A
Use of City Vehicles Generally
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City vehicles are provided by the taxpayers. No employee shall request or be permitted the use of City vehicles
or equipment for personal convenience when such items are provided for use in the conduct of official
business.
Prior to using a vehicle, a cursory walk around inspection is to occur. Observe any body damage, tire
inflation, cracked windshield, operating lights and general condition. Any negative observations are to be
reported immediately to the Fleet division.
1. Each employee shall pursue a course of conduct, which will not raise suspicion among the public
that they are engaging in acts which are in violation of the public trust and which will reflect
unfavorably upon the City. No employee or official shall use his public office to secure
unwarranted privileges or perquisites during the use of City vehicles or use the vehicle for
political purposes.
2. No City vehicle shall be operated for the purpose of personal travel. This principal does not apply
to employee break and lunch periods that work out of their vehicles.
3. No City vehicle shall be operated for transporting family or friends. No City vehicle shall be
operated for providing travel for passengers in such vehicle for any purpose. This principal does
not apply to public works and utility vehicles that are utilized to transport work crews to and from
jobsites.
4. City vehicles may be authorized, on a case-by-case basis, for the operator and passengers to
travel to and from appropriate meals when performing official municipal government
business. Prior approval of the Department Head or the operator's immediate supervisor is
required.
5. When not in use all vehicles will be parked at a City of Dover municipal government
parking location.
6. All persons and passengers shall wear seat belts while operating or riding in any City vehicle.
7. No tobacco products and/or smoking or vaping in a city vehicle is authorized.
8. When operating a City vehicle, the employee must have in his/her possession or in the
vehicle the vehicle registration, insurance card, a City issued identification card, and a valid
driver's license.
9. Vehicles are not to be left idling for driver convenience. Work trucks may only idle when
such action is in direct correlation to the work being performed.
10. Employees are required to close vehicle windows and lock doors when the vehicle is not in
use. This measure will help ensure that the vehicle is not stolen as well as safeguarding the contents
of the vehicle. Vehicle keys must be removed and properly secured when the vehicle is not in use.
The City is not responsible for personal property in the vehicle.
11. All City vehicles, except those used as surveillance cars, shall have permanently affixed to each
front door an official City emblem and an affixed vehicle number to the passenger side tailgate or trunk
as well as to the driver’s side door adjacent to the rearview mirror. All affixed items will be inspected
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Exhibit A
during each preventive maintenance appointment for replacement if needed.
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12. When a city owned vehicle is leaving City limits or the service territory, the operator is to notify
the Supervisor who will document the business reason.
13. Employee(s) assigned City vehicles will care for vehicles in a responsible manner. Failure to
provide responsible care can result in disciplinary action.
14. While operating a city owned vehicle or private vehicle driven for company business, the
employees will be required to use hands-free devices. Shall a hands-free device not be available, the
driver must seek a safe place to exit the roadway to use the device. The use of pagers, personal digital
assistants, laptops, games or portable computers and two-way communication devices while driving is
not permitted with exceptions as permitted by Delaware State Law.
15. The employee shall leave the assigned vehicle while on vacation at their place of work.
Policy exemptions and exceptions:
• Officers of the Police Department are exempt from certain take home provisions of this policy.
All vehicles are clearly marked with the exception of Administrative and Detectives.
• All employees within the Fire Marshal’s Office are assigned a clearly marked emergency
response vehicle for rotation of on-call duties. When not on call, the City owned vehicle is not
to be used for commuting purposes, except for the Fire Marshal. Exceptions must be
substantiated with historical records of experience.
All other provisions of this Article apply to the Fire Marshal.
In consideration of these procedures, one's interpretation should be on a strict, rather than loose,
construction basis.
DEFINITIONS
Primary Place of Employment
The official work location the employee is normally assigned to or working at
Commuting
Taking an employer-provided vehicle to or from a work site and the employee's residence.
Commute/Trip Mileage
The mileage to or from an employee's residence to their office or site to perform normally scheduled
work. The reporting of commuting miles should be based on the distance from an employee's home to
their work site and not to a city vehicle storage facility.
Personal Convenience
Anything fitting or suited to the employee’s beneficial welfare, which shall also mean any money, thing
of value, or any other economic benefit of any kind or nature whatsoever.
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Exhibit A
DItem 12.
Official
Any elected or appointed official of the City of Dover and all members of any committee, commission
or board appointed by the Mayor of the City of Dover or appointed by the City Council.
Official Responsibility
Any direct administrative or operating authority at any level, either exercisable alone or with others, either
personally or through subordinates to approve, disapprove, recommend or otherwise direct action on
behalf of the City of Dover.
Section 3. Representation and Indemnification
REPRESENTATION: City employees, in any criminal or civil action against them arising from their official
duties or from acts which were within the scope of employment and were not performed with wanton negligence
or willful and malicious intent and do not arise out of official misconduct, bribery, robbery, receiving unlawful
gratuities or other abuse of office or employment shall be entitled to have the City Solicitor appointed to represent
their interest in the matter. The City Solicitor shall represent the person charged at all stages, trial and appellate,
until final determination of the matter.
INDEMNIFICATION: In addition to the right of representation provided in the preceding paragraph of this
Section, City employees who, but for the application of any provisions of the Constitution or Laws of the United
States or the State of Delaware to the contrary, would be entitled to immunity in accordance with 10 Del. C.
S4010 et seq. shall be indemnified by the City of Dover against any expenses including attorney’s fees and
disbursements, judgements, fines and costs, actually and reasonably incurred by said person in defending against
the action, suit or proceeding giving rise thereto provided, however, if the person seeking indemnification
chooses to retain his/her own attorney rather than using the City Solicitor, he/she shall be responsible to bear all
costs incurred thereby.
The right to indemnification shall automatically apply upon the final determination of any court or administrative
tribunal of competent jurisdiction that no claim or cause of action existed, or, but for the application of the
Constitution or Laws of either the United States or the State of Delaware, that no such claim or cause of action
would have existed, or upon a verdict or ruling in favor of the person. If a court or administrative tribunal shall
determine that no right to indemnification exists because the absence of any of the elements of immunity said
determination shall be final and binding at such time as any and all rights or appeals from the decision giving
rise to such determination shall have been exhausted. If for whatever reason, including a settlement agreed upon
by the parties, the court or administrative tribunal having jurisdiction shall fail or refuse to make the
determination required by this Subsection, then the indemnification shall only be granted as to the person upon
the affirmative recommendation of a majority of members elected by Council.
Section 4. Surrender of Property
An employee who is suspended, discharged, retiring or resigning shall be required to return to the City all City
property including but not limited to items of equipment, City of Dover ID badge, other badges related to City
employment, keys, phones, computers or any other City of Dover issued property and/or uniforms. owned by
the City. Such items must be returned before issuance of the employee’s final paycheck.
Section 5. Travel Expenses
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Exhibit A
While traveling to an approved conference, training and business related travel, of an employee shall be
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reimbursed for expenses based on the City of Dover’s travel policy. Such policy can be obtained from the Finance
Director Department.
Section 6. Driver’s License
Employees who operate a City vehicle must maintain an appropriate valid driver’s license. Employees are to
advise their supervisor immediately of any infractions, with the exception of parking tickets. The City reserves
the right to randomly check driving records of employees.
Section 6 7. Vehicle Accident
If any an employee is involved in an accident involving a City vehicle or property which results in negligent
damage, the employee may be required to reimburse the cost of repair or replacement of the City in full or part.
All accidents shall be reported immediately to an employee’s supervisor, the Police department for investigation
as well as the Human Resources Department. The employee will be required to submit to a drug/alcohol
screening. The City of Dover will bear the cost of the initial screening.
The Human Resources Department shall maintain an accident log by driver. Employees may be subject to
discipline based upon the employee’s accident record.
SECTION 7. PRE-EMPLOYMENT REQUIREMENTS Moved to Article V, Recruitment and Selection,
Section 5., Qualification Standards
Each person to whom employment with the City is offered may be required to successfully pass a pre-
employment physical, complete a background check and drug test at a City designated medical facility at the
City cost before an appointment to such employment becomes effective. For person offered employment with
the City of Dover as a uniformed Police Officer, he or she will be required to pass a pre-employment physical.
Section 8. Substance Abuse Policy
PURPOSE
It is expected that all employees will maintain an appropriate level of fitness for duty. All persons covered by
this policy should be aware that violations of the policy my may result in discipline, up to and including
termination, or not being hired. The guidelines and procedures for this policy are defined in the following
programs. All employees are covered under this policy except for police officers, which are covered by a
separate agreement contained in the Police Code of Conduct.
POLICY
(a) Pre-Employment Substance Screening:
1. A substance screening for excessive alcohol use, illegal drugs or misuse of prescription drugs or illicit
drugs will may be required as a condition of employment for all new hires.
2. A positive confirming second test, for misuse of prescription drugs and illegal drugs on the original
screening sample, will be the basis for disqualification of the applicant.
3. If either both of the tests are negative, the applicant satisfies the substance level requirements.
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Exhibit A
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4. An applicant whose test shows a positive result will have 24 hours after receiving notification of the
positive result to provide a bona fide verification of a current valid prescription which may have caused
the positive result. The prescription must be in the applicant's name.
(b) Employees are prohibited from the following:
1. Reporting to work under the influence of alcohol or drugs.
2. Have the odor of alcohol or drugs on their breath or have drugs or alcohol in their possession, while
on duty.
3. Sell or provide drugs or alcohol to any other employee or to any other person while such employee is
on duty.
4. Have their ability to work impaired as a result of alcohol or drugs.
5. Using illegal drugs or consuming alcohol while working.
Such actions will constitute violation of the established personnel policy and are causes for disciplinary action.
(c) The appropriate law enforcement agency will be notified of any sale, and/or distribution, possession of any
illegal substance by an employee during work hours. while on duty or during lunch and other breaks or at any
time while the employee is on a City work site or City working time.
(d) Confirmation of drug or alcohol use or abuse will result in disciplinary action in accordance with the failure
in the Personal Conduct Section of this manual.
(e) Two (2) disciplinary actions relating to drug or alcohol use may be cause for termination however, the City
reserves the right for immediate termination without prior disciplinary actions.
(f) While use of medically prescribed or some other legal medications and drugs is not a violation of this policy,
when such drug use adversely affects job performance, the employee will be required to use sick leave, vacation
leave when sick leave is exhausted or take an unpaid leave of absence if sick and vacation leave is exhausted.
(g) Failing to notify an employee's supervisor before beginning work, when taking medications or drugs which
may interfere with the safe and effective performance of duties by a City employee, may result in disciplinary
action up to and including termination. Such actions will constitute violation of the City of Dover personnel
policy Article XV, Section 8 9, of Failure in Performance of Duties.
(h) Discipline for being under the influence of alcohol or non-prescribed controlled substances during non-job-
related activities would be based on the employee's work history, position relativeness, previous disciplinary
actions and previous identification of substance use problems.
(i) When an employee's driver's license is suspended due to alcohol or drug use and driving is required by the
employee’s job description, the said employee is subject to disciplinary action based on the Article 15, Section
9 10 regarding Failure in Personal Conduct. Additional actions, including termination, can be taken in regards
to the loss of his or her driver’s license.
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Exhibit A
(j) Substance Screening for Current Employees
DItem 12.
A. Alcohol and/or drug tests of existing employees will be conducted randomly and when there is
reasonable suspicion that alcohol or substance abuse is involved in the work place.
Employees required to maintain a Commercial Driver License (CDL) are subject to monthly random drug and
alcohol testing per the Federal Motor Carrier Administration guidelines.
B. "Reasonable Suspicion" shall be based on objective and definitive facts sufficient to lead a reasonable
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's
ability to perform the functions of the job is impaired or so that the employee's ability to safely perform his/her
job is reduced.
The following guidelines apply to random and reasonable suspicion.
Renumber
1. Another supervisor or higher-ranking supervisor must confirm all charges of reasonable
suspicion.
2. The circumstances in which drug and/or alcohol testing may be required due to a reasonable
suspicion of alcohol or drug use or abuse may include, but not limited to, the following:
a. Observed alcohol or drug possession or use during work hours (ie. e.g. drug paraphernalia,
remains of marijuana cigarettes, plastic sandwich bags with non-food residue inside).
b. Apparent physical state of intoxication or drug induced impairment of motor functions (ie. e.g.
red and watery eyes, dilated pupils, drowsiness or sleeping, slurred speech, hand tremors, inability
to walk a straight line and alcohol on breath).
c. Incoherent or irrational mental state (i.e. e.g. irrational physical altercation, irrational verbal
altercation, memory gaps).
d. Marked changes in personal behavior or attitude not attributable to other factors (i.e. e.g.
sudden unexplained changes in mood and personality, changes in disposition, changes in
appearance, including inattention to personal hygiene, frequently borrowing money).
e. Deteriorating work performance or attendance problems not attributable to other factors (i.e.
e.g. excessive tardiness, an above average injury rate, regularly claiming sick benefits or worker's
compensation).
f. Employee involvement in an accident during work hours in which a review of the
circumstances of the accident or other relevant facts lead to a reasonable suspicion to believe that
employee may be under the influence of alcohol or drugs.
g. Incriminating information from a reliable source or other employee actions or conduct that
leads to a suspicion that the employee is under the influence of alcohol or drugs, suffers from
substance abuse or is in violation of existing City rules concerning the use of such substances (i.e.
e.g. reports by family members or friends about employee’s alcohol or drug abuse, unexplained
secret meetings with other employees or others).
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Exhibit A
5.
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An employee whose test shows a positive result will have 24 hours after receiving notification of
the positive result to provide a bona fide verification of a current valid prescription which may
have caused the positive result. The prescription must be in the employee's name.
(k) Drug and alcohol use during off-hours will also violate this policy when such use impairs job performance,
at which time, an employee is subject to disciplinary action and the rules regarding reasonable suspicion.
(l) When there is reasonable suspicion of alcohol and/or drug use by an employee involved in serious or repetitive
accidents causing death, personal injury to self or others, and/or property damage, alcohol and drug tests shall
be administrated to employees immediately following such work related accidents. Confirmation of such drug
or alcohol use through documented reasonable suspicion and a positive drug/alcohol screen test shall may be
cause for termination.
(m) When reasonable suspicion has been adequately established, an immediate disciplinary suspension may be
issued.
(n) When reasonable suspicion has been adequately established, refusal to submit immediately to an alcohol
and/or drug analysis when requested by Management will constitute insubordination which is in violation of
Article 15, Section 9 10, pertaining to failure in personal conduct and is cause for disciplinary action. Refusal
to submit to the alcohol and/or drug analysis will be considered a positive result.
(o) It is the policy of the City to provide a just procedure for the presentation, consideration and disposition of
employee grievances. Such will be done in accordance with the established personnel policy (Article 16).
TESTING PROCEDURES
For all testing, a supervisor must escort and remain with the employee being tested. In all situations, the
supervisor must be of higher rank then the employee being tested. For the City Manager and Council appointed
Department Heads, the Human Resources Director, or his or her designee, will escort.
(a) To ensure accuracy, employee's specimens must be given as soon as possible after charges of drugs or alcohol
use or abuse has been made. These charges must follow the guidelines for establishing reasonable suspicion.
(b) In establishing reasonable suspicion, the supervisor of an employee suspected of being impaired by alcohol
or drugs shall document his/her observations and confirm those observations with another supervisor or higher-
ranking supervisor. Following such time, the supervisor may require the suspected, impaired employee to report
to a designated physician, clinic or hospital on the City's time and at the City's expense for a fitness for duty
examination, which will include, but not be limited to, breath and urine analysis testing.
(c) Any employee who refuses to submit to said testing would will be found in violation of this policy. In such
a case the two Supervisor's determination of impairment will be binding and the employee will be removed from
the work site and subject to disciplinary action up to and including termination.
(d) Alcohol and drug tests on employees shall may be administrated immediately following work related
accidents that involve personal injury to self or others, property damage or when there is reasonable suspicion
that alcohol and/or drug abuse by the employee is involved.
(e) Testing will be done for at least and possibly more of the following substances:
Amphetamines(Uppers) Opiates(Opium)
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Exhibit A
Barbiturates(Downers) Phencyclidine(PCP)
DItem 12.
Benzodiazepines(Valium) Methaqualone(Quaaludes)
Cocaine Alcohol
Cannabinoids (Marijuana)
Opioids: Hydrocodone (brand name Vicodone, Lortab, Norco)
Hydromorphone (brand name Dilaudid)
Oxymorphone (brand name Opana)
Oxycodone (brand name Percodan, Percocet, Oxycontin)
(f) The analysis shall be conducted in accordance with legally established clinical procedures of privacy which
include a defined chain of custody and mandatory consent.
G. The urinalysis or screening method used is the EMIT method. Gas chromatography is used as a confirming
second test if the screening is positive. If either of the tests is negative the employee is passed. The City reserves
the right to use alternate testing methods.
EMPLOYEE ASSISTANCE
(a) The City of Dover recognizes alcohol and/or drug dependency as a treatable condition. Any employee whose
job performance, health or behavior, has deteriorated as a result of alcohol or drug use may use the employee
referral program and health insurance coverage as appropriate. Employees should contact designated department
personnel or the Human Resources Department for additional information.
(b) Volunteer efforts to seek and use such help will not jeopardize an will be taken into consideration when
determining an employee's employment status. Determination is based upon the facts involved in the situation.
Such efforts will not appear on his/her personnel records if the employee volunteers prior to documented
reasonable suspicion or positive result. However, said employees must follow suspension guidelines before
returning to work.
(c) Employees receiving treatment for drug or alcohol abuse may use sick leave, vacation leave or may be granted
a limited leave without pay, or an extended leave without pay in accordance with established personnel policies.
(d) Involvement of an employee in an alcohol and drug program does not suspend disciplinary measures to which
an employee may be subject to as a result of conduct or behavior which violates work rules or regulations or is
contrary to City policy.
SUSPENSION GUIDELINES
(a) Employees placed on suspension from employment due to confirmed abuse of alcohol or drugs or positive
result shall be required to complete the following documentation before reinstatement to any position with the
City of Dover:
1. Submit at least fifteen (15) attendance slips showing proof of daily participation in Alcoholics Anonymous,
Narcotics Anonymous or another approved rehabilitation organization.
2. 1. Submit the name and telephone number of your organization sponsor professional treatment provider
to the City’s Human Resources Department. A medical release from the professional treatment provider
must be provided to return to work.
3. 2. Submit the results of at least three (3) drug and/or alcohol screening tests beginning on the first day
of affiliation with a rehabilitation organization, if the testing was required by the rehabilitation
organization.
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Exhibit A
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b) Upon submission of the three (3) two (2) items listed above an appointment will be required at a designated
counseling center to determine the condition of applicable disease. Attendance may also be required at meetings
with City personnel to explain the diagnosis. the City Manager or appropriate City official Human Resources
Director will then consider the safety and security of your employment as well as other factors and a decision
will be made as to whether a the suspension shall be lifted and reinstatement made in some capacity.
(c) Any employee who has a positive substance screening must be given a return-to-duty substance screening
before resuming duties. The City may will require additional unannounced screenings up to sixty (60) months
after duties have been resumed. All costs of such return-to-duty screenings and treatment shall be the
responsibility of the employee.
In addition to the City guidelines, employees maintaining a Commerical Driver’s License (CDL) will be subject
to all appropriate State and Federal guidelines.
CONFIDENTIALITY
The City shall require unannounced retesting of employees who have agreed to such testing as part of a
disciplinary action or rehabilitation program.
Laboratory reports or test results shall appear in an employee's confidential medical file. The reports or test
results may be disclosed to a designated person in City management on a strictly need to know basis and to the
tested employee upon request.
SEVERABILITY
The provisions of this policy are severable and if any court of competent jurisdiction shall hold any of its
provisions unconstitutional or otherwise invalid; the decision of such court shall not affect or impair any
remaining provisions.
A separate policy exists for Uniformed Police Officers. The Police Code of Conduct is located with the Police
Chief.
Section 9. Disclosure Of Confidential Information
No employee shall disclose confidential information concerning the property, government or affairs of the City.
Nor shall the employee use such information to advance the financial or other private interest of himself/herself
or others.
Neither the City nor its representatives will disclose the confidential information of its employees except on a
strictly need to know basis.
Section 10. Safety Shoes
All employees shall wear safety shoes when it is determined that the employee may be exposed to the hazards
of processes or environment that are capable of causing injury or impairment to the feet. The failure to wear
safety shoes when exposed to such conditions will be cause for disciplinary action. Each Department Head shall
designate which employees in his/her department shall be required to wear safety shoes and those employees to
which safety shoes are recommended but not required. The requirement must be included in the job descriptions
for the position. For both groups of employees the City has agreed to pay the amount agreed upon in the employee
labor agreements.
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Exhibit A
The City shall provide a yearly allowance to each employee required or recommended to wear safety shoes. An
DItem 12.
employee may receive an additional allowance if his or her safety shoes have been damaged or destroyed or are
not fit to wear due to work directly related to City employment. Additional allowance will not be provided for
normal “wear and tear.”
The above section is subject to employee labor agreement, when applicable.
Moved Uniforms from Article 17, Section 4
Section 11. Uniforms
The City shall provide uniforms for certain personnel positions. These employees shall be required to wear
uniforms so they will be easily identified as City employees while working on or near private property. The
requirement will be included in the job description for the position.
The employee is responsible for the uniforms. Therefore, the cost of avoidable damage or loss of uniforms shall
be paid by the employee. An employee will wear his/her uniform properly, will not allow them to be worn by
other individuals and will wear them only during working hours or to and from work. Upon separation from
employment, the employee shall will return the uniforms to the City.
If the uniforms are not returned, the cost will be deducted from the employee’s final paycheck if written
permission is provided.
The above section is subject to employee labor agreement, when applicable.
Section 12. Rest Periods
The City makes no attempt to define or regulate a policy for rest periods that can be uniformly applied for
employees in all departments or divisions. Because there are numerous variations, work schedules and
conditions, a Department Head and/or supervisor may establish an appropriate rest period policy that will best
serve the City's interest. It must be recognized that there may be circumstances which make designated rest
periods impossible and therefore the Department Head will address the question accordingly.
If it is feasible a Department Head will provide two fifteen minute rest periods per day within the building or at
the job site. Rest periods are not cumulative or mandatory. Urgent City business always takes precedence over
a rest period.
The above section is subject to employee labor agreements, when applicable.
Section 12 13. Meal Periods
The meal period for each employee is determined by individual departmental policy procedure. It is the
responsibility of each Department Head or Supervisor to inform employees of the time and length of meal
periods.
If an employee receives an unpaid meal period, the employee is to notify their supervisor at the end of their shift.
Section 14. Workplace Violence
An employee is to report concerns about potential or actual threats or intimidation to their supervisor or to the
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Exhibit A
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Human Resources Director who will take appropriate action immediately. In the absence of the Human Resources
Director, the report should be forwarded to the City Manager and the police, as necessary.
The City has a zero tolerance for violence in the workplace. Violation of the policy can result in immediate
termination.
No employee will be retaliated against for making a good faith complaint.
Section 15. Weapons
In an attempt to regulate the workplace environment to promote security, weapons are not permitted in municipal
buildings. Municipal buildings shall mean any building where the City meets in its official capacity, including
non-City owned or leased buildings during the time in which the City is meeting in or occupying the building,
or any building containing the offices of City elected officials and of City employees actively engaged in
performing governmental business. Parking facilities are included.
Weapon shall mean any firearm from which a shot, projectile or other object may be discharged, or any air
gun, BB gun, or any instrument, toy or weapon commonly known as a "peashooter," "slingshot" or "beany,"
or any bow made for the purpose of throwing or projecting missiles of any kind, or any knife, brass or metal
knuckles, or any club loaded with lead or other weight, or any blackjack or billyclub.
EXCEPTIONS.
The following shall constitute valid exceptions to this section:
• Possession of firearms, components of firearms, and ammunition or explosives by law enforcement
officers;
• Law enforcement agencies receiving shipments or delivery of firearms, components of firearms,
ammunition, or explosives;
• Law enforcement agencies conducting firearm or ammunition safety and training programs, donation,
amnesty, or any other similar programs in police stations or municipal buildings;
If an employee has knowledge of another employee’s possession of a weapon or unusual behavior, that
knowledge should be reported to a supervisor immediately who will take appropriate action immediately.
The City has a zero tolerance for weapons in the work environment. Violation of the policy may result in
immediate termination. This includes employees with concealed weapon permits.
No employee will be retaliated against for making a good faith complaint.
Section 16. Smoking and Vaping
No tobacco products and/or smoking and vaping is prohibited in all city-owned or operated facilities, property
and city-owned vehicles. Section 54-4 Smoking Regulations of the City of Dover Municipal Code shall apply to
all City of Dover employees.
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Exhibit A
Section 17. Antifraternization
D
Item 12.
To protect and ensure fair and uniform treatment of subordinates and maintaining professionalism, a Supervisor
and a subordinate are prohibited from dating or having a romantic or sexual relationship. The supervisor could
be direct or in-direct within the subordinate employee’s chain of command.
If two non-supervisor/subordinate employees wish to establish a romantic relationship, they must inform the
City’s Human Resources department and acknowledge in writing that the relationship is consensual. If the
relationship dissolves, the Human Resources Department shall be advised immediately by both employees.
Section 18. Body Art
Any employee with visible body art (e.g. tattoos, piercing and etc.) is reminded of the need for the City of Dover
to maintain a professional image. Body art must not distract from service. Vulgar or offensive words,
inappropriate symbols, images and/or piercings are not to be displayed in the work environment.
Section 19. Motor Vehicle Record
In keeping with the City or Dover’s Vision of a clean, safe community where people want to live, it is important
that all our employees who operate motor vehicles do so in a safe and responsible way. Vehicle operations create
substantial risk to the City and its citizens. Therefore, a best practice for reducing risk is to ensure only safe
drivers are allowed to operate City vehicles. Evaluating an employee’s motor vehicle record (MVR) has long
been a recognized component of a driver screening process. The following constitutes our MVR policy.
Any staff member who operates a vehicle for business is subject to the MVR Policy. This includes all staff
operating city owned vehicles, personal vehicles for business purposes. or rental cars, only when rented for
business purposes.
• All drivers must have a valid driver’s license of the proper class and appropriate endorsements where
necessary.
• Drivers must not drive and immediately notify their supervisor or Human Resources if their license has
been suspended or revoked.
• Drivers must report all accidents and moving vehicle violations in any jurisdiction, including those
received operating non-City owned vehicles used for business purposes to their supervisor or Human
Resources.
• Employees using their personal vehicle for city business, must provide proof of insurance coverage with
the appropriate amount of coverage.
This policy is effective (insert date) for new hires; however, current City employees will be phased-in to this
policy over the next two (2) years, (insert time frame once approved,) to allow ample time to address current
violations that may be on the MVR. During the phasing-in period, current employee MVR’s will be reviewed
and addressed with the employee by the employee’s supervisor. During the phase in period, for those employees
with a score of up to eleven points, no formal action will be taken however the conversation regarding the
employee’s MVR will be documented and placed into the employee’s personnel file. Employees who have 12
or more points will be issued a written warning rather than a one (1) day suspension, required to provide
documentation of their successful completion of a behavior modification/attitudinal driving course and may incur
the loss of city driving privileges. The employee will be placed on driver probation when points are 12 or more.
After the two (2) year period of phasing-in has expired, employee’s MVR will be obtained and scored according
to the Profile Points/Risk Category.
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Exhibit A
D
Item 12.
Prior to any employee driving a city vehicle, using their personal vehicle for business related purposes or driving
a rental car for city relate business, Human Resources must be notified. Notification is to be received no later
than 48 hours for Delaware Residents and seven (7) days for out of state residents. Human Resources will provide
this policy to the employee and obtain a copy of the employee’s valid driver’s license and MVR. The Human
Resources Department will be responsible for conducting MVR reviews for all civilian employees and advising
the employee’s supervisor of any findings. The Police Department will assume the responsibility for police
officers. MVRs for Delaware residents will be obtained through the Delaware Division of Motor Vehicle. For
employees who resident in another state, the MVR will be obtained through a third party. If unattainable, the
employee will be responsible for providing the MVR. MVR’s will be reviewed for prospective employees after
an offer of employment is accepted. This is considered a part of the new employee’s background investigation.
Existing employees MVR will be reviewed when employees need to drive for city related business. All
employees that are subject to this policy will have their MVR reviewed no less than annually. The employee’s
record will be obtained during the month of the employee’s birthday. MVR’s will also be reviewed following
any accident involving a City vehicle, a personal vehicle used for business purposes or a rental car used for
business purposes. Drivers may be subject to more frequent reviews based on accumulated points and offense.
The accumulation of 12 or more points on your MVR will result in revocation of city driving privileges and
those whose job requires them to drive shall be subject to termination.
Employees with motor vehicle records which indicate revocation or suspension shall not be permitted to drive a
city-owned vehicle or drive any vehicle in the performance of city duties, during the period of said revocation
or suspension. Employees whose license has been revoked or suspended and whose position description requires
the retention of a valid motor vehicle operator's license shall be subject to disciplinary action, including
suspension or, in the case of revocation, up to termination.
Driver Probation: The employee will be placed on driver probation when points are 12 or more. The
accumulation of 12 or more points on your MVR will result in revocation of city driving privileges and those
whose job requires them to drive shall be subject to termination. Employees whom are placed on driver probation
by the City of Dover will have their MVR reviewed at least quarterly. New violations discovered at periodic
review may result in progressive discipline up to and including dismissal.
PROFILE POINTS/RISK CATEGORY
PROFILE POINTS/ CORRECTION ACTION GUIDELINES
RISK CATEGORY
1 TO 3 - Generally no action necessary
4 to 5 - Supervisor to discuss record and improvement with
employee. Employee will be advised of
responsibility to drive in a safe and courteous
manner in accordance with defensive driving
principles.
6 TO 7 - Supervisor to discuss record and improvement with
employee.
- Verbal warning
- Driver training – classroom defensive driving
program. Driver to pay first $50 of the training
8 TO 11 - Supervisor to discuss record and improvement with
employee.
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Exhibit A
- Written Warning
DItem 12.
- Possible loss of city vehicle, to be determined on an
individual basis based on offenses. This is to
include the use of city vehicle for on-call purposes.
12 OR MORE - Supervisor to advise employee that his or her
driving record has resulted in “revoked driving
privileges.”
- One (1) day unpaid suspension
- If the employee can no longer perform the essential
functions of his or her position, or other job
assignments are not an option, dismissal could
result.
Employees enrolling and successfully completing the DUI first offender's program may retain their position,
provided the individual agrees to random alcohol and/or drug testing at his or her cost as directed by the Human
Resources Director. The City’s Substance Abuse Policy as contained in the Personnel Policy shall apply. There
must be another staff member able to drive and provide transportation for work related duties to the employee.
All drivers remain subject to the driving laws for the state of issuance and for the type of license held.
ARTICLE 9
HOLIDAY LEAVE
Section 1. Holidays
The following days and such other days as City Council may designate are holidays with pay for full-time regular
employees.
New Year’s Day Independence Day
Martin Luther King Day Labor Day
President’s day Veteran’s Day
Good Friday Thanksgiving
Memorial Day Day after Thanksgiving
Juneteenth* (floating holiday) Christmas
* Juneteenth is a floating holiday for non-bargaining employees.
When a holiday falls on a Saturday, a paid holiday is granted on Friday. When a paid holiday falls on a Sunday,
a paid holiday is granted on Monday.
The Public Utilities Manager The Electric Director may grant personal leave days to supervisors of IBEW
I
employees or the professional and support staff directly associated with the IBEW supervisors of the Public
Utilities Electric department for the holidays that the IBEW union does not observe. The Public Utilities
Manager Electric Director shall provide notice to the Human Resources DirectorIby December 1 for election for
I
the following calendar year. Individual selection of each forfeited holiday is not permitted. The non-bargaining
employees will forfeit all holidays that are indicated in the City of Dover Personnel Policy; however, not
observed in the IBEW contract. These employees shall be credited with 8 hours of personal leave on January 1
of each year each forfeited holiday. Newly hired, probationary, full-time regular employees hired after January
1 will receive personal days on a prorated basis. Based upon the number of forfeited holidays from the date of
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Exhibit A
hire to December 31 of the year they were hired will determine the amount of personal days the employee
D
Item 12.
receives. Personal leave will be granted on the employee’s first paycheck following employment. Personal leave
may be taken as earned or carried over into the next calendar year; however, only during the first year of
employment. In addition, personal time cannot be used as terminal leave, nor sold back to the City as unused
leave. Approved by City Council on January 12, 2009.
Recognized City Holidays are subject to employee labor agreements. The Police Chief and Deputy Chief will
follow the police holiday schedule. Approved by City Council on January 12, 2009.
Part-time regular employees hired prior to July 28, 2015 working twenty (20) hours or more per week shall
receive a half-day, four (4) hours, with pay for each holiday designated above. If an employee in this
classification works less than twenty (20) hours they are not eligible.
Part-time employees hired on or after July 28, 2015 working thirty (30) hours or more per week shall receive a
half-day, four (4) hours, with pay for each holiday designated above. If an employee in this classification works
less than thirty (30) hours they are not eligible.
To receive holiday pay, an employee must have received pay for his or her entire regularly scheduled work day
before and after the holiday. Employees who are receiving worker's compensation from the City’s workers
compensation carrier are not entitled to holiday pay. Employees shall receive holiday leave credits at a rate of
seven and a one-half (7.5) per leave day or eight (8) per leave day earned.
Temporary employees are not eligible for any type of holiday pay. If they are required to work on a holiday they
will be paid at their regular hourly rate unless they are subject to overtime compensation per the Fair Labor
Standards Act.
Section 2. Effect of Work on Holidays or Unscheduled Workdays or Other Types of Leaves
Regular holidays or special holidays declared by City Council, which occur during any leave period, except
extended leave without pay or unpaid military leave, shall not be considered as leave. Unscheduled work days,
which occur during any leave period, shall not be considered as leave. While on vacation leave, employees on
regular rotating shifts may be required to take pay for any vacation day that is replaced by a holiday at their
regular pay rate The affected Department Head may require these employees to take pay since continuous shifts
must be maintained.
Section 3. Holidays - When Work is Required
Non-exempt employees required to perform work on regularly scheduled holidays or special holidays declared
by City Council may will be granted compensatory time off compensated (paid) at time and one-half or be paid
at time and one-half (1.5) times their hourly rate for the hours actually worked in addition to any holiday pay to
which they may be entitled. Policy is subject to the Fair Labor Standards Act and Article III Section 9 8,
Overtime Pay.
Exempt employees required to perform work on regularly scheduled holidays or special holidays declared by
City Council will not be entitled to any form of compensation.
Employees will be considered to have worked the holiday if their shift begins on the holiday.
The above section is subject to employee labor agreement, when applicable.
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Exhibit A
D
Item 12.
ARTICLE 10
VACATION LEAVE
Section 1. Vacation Leave
Vacation leave shall be used for rest and relaxation, for medical appointments of illness when sick leave is
exhausted and for absences due to adverse weather conditions.
Employee’s requesting leave must make the request to their supervisor via the payroll system prior to taking the
leave. The leave is authorized once the supervisor approves the request.
While on paid vacation leave or paid sick leave an employee shall continue to earn vacation time and sick leave
credit. An employee who converts vacation and sick leave to terminal leave shall not continue to earn vacation
and/or sick leave while on terminal leave. Any leave taken within 30 calendar days prior to retirement or terminal
leave will be considered terminal leave and can affect the employee’s monthly accrual.
Section 2. Vacation Leave - The Manner of Accumulation
Effective January 1, 2009 as approved by the City Council on January 12, 2009, full-time regular employees
shall accumulate vacation leave on the following schedule:
(a) Each full-time regular employee from their date of hire until completion of six months of service shall
earn vacation leave at the rate of one (1) day eight (8) hours per completed month.
(a)(b) Each full-time regular employee with who has completed six months of service however fewer than eight
(8) complete years of continuous service shall earn vacation leave at the rate of one and one-fourth (1)(1 ¼) days
ten (10) hours per completed month or twelve (12) fifteen (15) days per completed year of service.
(b c) Each full-time regular employee with eight (8) complete years of continuous service but less than fifteen
(15) complete years of continuous service shall earn vacation leave at the rate of one and one-half (1.5) one and
three-fourths (1 ¾) days fourteen (14) hours per completed month or eighteen (18) twenty-one (21)days per
completed year of service.
(c d) Each full-time regular employee with fifteen (15) complete years of continuous service but less than twenty
(20) complete years of continuous service shall earn vacation leave at the rate of one and three-fourths (1.75)
two (2) days sixteen (16) hours per month or twenty one (21) twenty four (24) days per completed year of service.
(d e) Each full-time regular employee with twenty (20) or more complete years of continuous service shall earn
vacation leave at the rate of two (2) two and one-fourth (2 ¼) days eighteen (18) hours per month or twenty four
(24) twenty-seven (27)days per completed year of service.
Part-time regular employees hired prior to July 28, 2015 working twenty (20) hours or more per week shall
accumulate vacation leave at one-half (1/2) the rate of full-time employees.
Part-time regular employees hired on or after July 28, 2015 working thirty (30) hours or more per week shall
accumulate vacation leave at one-half (1/2) the rate of full-time employees. If an employee in this classification
works less than thirty (30) hours per week they are not eligible for vacation leave.
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Exhibit A
Temporary employees are not eligible for vacation leave.
D
Item 12.
Vacation leave accumulated by eligible employees shall be recorded and taken in half-hour 15-minute
increments.
Moved from Section 3, Vacation Leave – The Maximum Accumulation
An employee must earn pay for one-half of his or her workdays for that month to be credited with vacation leave.
The above section is subject to employee labor agreement, when applicable.
Section 3. Vacation Leave - The Maximum Accumulation
Vacation leave is accumulated from year to year; however total accumulated vacation leave on January first of
each year is limited to an amount equal to one year's vacation time. One year of vacation is calculated by
multiplying 12 (months) by the employee’s accrual rate in December of the prior year. Move to Section 2 – The
Manner of Accumulation of this article. An employee must earn pay for one-half of his or her workdays for that
month to be credited with vacation leave. The employee cannot use a month's credit until he or she has earned
pay for one-half of his or her workdays for that month. The following schedule was approved by the City Council
on January 12, 2009.
(a) Each full-time regular employee with fewer than eight (8) complete years of continuous service can not have
accumulated more than twelve (12) fifteen (15) days 120 hours of unused vacation leave as of January 1 of each
year.
(b) Each full-time regular employee with eight (8) complete years of continuous service but less than fifteen (15)
complete years of continuous service can not have accumulated more than eighteen (18) twenty-one (21) days
168 hours of unused vacation leave as of January 1 of each year.
(c) Each full-time regular employee with fifteen (15) complete years of continuous service but less than twenty
(20) complete years of continuous service can not have accumulated more than twenty one (21) twenty four (24)
days 192 hours of unused vacation leave as of January 1 of each year.
(d) Each full-time regular employee with twenty (20) or more complete years of continuous service can not have
accumulated more than twenty-four (24) twenty-seven (27) days 216 hours of unused vacation leave as of
January 1 of each year.
Part-time regular employees working twenty (20) or more hours per week with the appropriate complete years
of continuous service may accumulate vacation leave at one-half the rate that employees are allowed in a,b,c and
d above.
Part-time regular employees hired prior to July 28, 2015 working twenty (20) hours or more per week shall
accumulate vacation leave at one-half (1/2) the rate of full-time employees.
Part-time regular employees hired on or after July 28, 2015 working thirty (30) hours or more per week shall
accumulate vacation leave at one-half (1/2) the rate of full-time employees. If an employee in this classification
works less than thirty (30) hours per week they are not eligible for vacation leave.
If an employee has accumulated more than the maximum allowable amount of unused vacation leave on January
1, then his/her leave shall be reduced to the proper maximum and any excess will be forfeited.
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Exhibit A
D
Item 12.
If the City Manager determines that unusual and extenuating circumstances exist which justify justifies allowing
an employee to be excused from the requirements of this section for a particular year, he/she may do so. An
employee must make the written request to the City Manager in writing prior to December 1 of the year in
question. This same policy extends to Council Appointed Department Heads.
The above section is subject to employee labor agreements, when applicable.
Section 4. Vacation Leave - Final Pay And Repayment Of Vacation Leave Payment Of Accrued
Leave
Resignation
Upon submission of a resignation, an employee shall be paid for vacation leave accumulated to the date of
separation. At the time of the employee's separation the following shall be deducted from the employee's final
compensation, provided written authorization has been obtained: any vacation leave owed the City, the value of
any City issued uniform and/or equipment not returned by the employee, qualified educational assistance and
any funds owed to the City by the employee as a result of criminal activity or negligence.
SECTION 5. VACATION LEAVE - PAYMENT FOR ACCUMULATED VACATION LEAVE UPON
DEATH
Death
The estate of an employee who dies while employed by the City shall be entitled to payment for all of the
accumulated vacation leave credited to the employee's account. From this payment the following shall be
deducted from the employee's final compensation, provided written authorization has been obtained: any
vacation leave owed the City, the value of any City issued uniform and/or equipment not returned by the
employee’s beneficiary or executor of the estate, qualified educational assistance and any funds owed to the City
by the employee as a result of criminal activity or negligence.
ARTICLE 11
SICK LEAVE
Section 1. Sick Leave
Sick leave with pay is not a right which an employee may demand but a privilege granted by the City for the
benefit of an employee when sick.
Upon separation from the City an employee shall not be entitled to compensation for accumulated sick leave.
An exception to this policy is retirement. To qualify due to retirement, there can be no lapse in time from the
employee’s last day of active employment to the first day of retirement.
Sick leave shall be granted to an employee absent from work for any of the following reasons: sickness, bodily
injury, required physical or dental examinations/treatment or exposure to a contagious disease when continuing
to work might jeopardize the health of others, and for the well care of the immediate family residing in the
employee’s principle place of residence, as well as the employee’s dependent children, mother, father, mother-
in-law, father-in-law and physically or mentally challenged dependent sibling. Additional situations will be
considered for the use of sick time.
This use of sick leave may require verification by the City from the first hour used as deemed appropriate by the
Department Head. In expanding the reasons for the use of sick time, the City has not changed its standards for
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Exhibit A
DItem 12.
attendance at work. Excessive absenteeism, tardiness, or the abuse of sick leave will continue to be a subject of
the performance evaluation and it can also be just cause for progressive disciplinary action.
While on paid sick leave an employee shall continue to earn sick and vacation leave credits.
The City understands the difficulty of defining or regulating a policy for notification of the desire to take sick
leave that can be uniformly applied for employees in all departments or divisions. Because there are numerous
variations and work schedules and conditions, a Department Head may establish an appropriate notification
policy for his/her department that will best serve the City's interest. If a Department Head does not elect to
establish a separate notification policy for his/her department then the following shall apply:
Notification of the desire to take sick leave shall be submitted via the payroll system to the employee's supervisor
prior to the leave. Employee requesting unexpected leave shall notify the supervisor not later than one-half hour
after before the beginning of a scheduled workday. Failure to do so may result in the employee being considered
absent without leave. Due to the critical nature of shift work, shift workers must notify the on-duty shift
supervisor of a desire to take sick leave no later than one-half hour prior to the beginning of their shift or the
employee may be considered absent without leave. Leave is approved once authorized by the supervisor.
The above of section is subject to employee labor agreements, if applicable.
Section 2. Sick Leave - Manner of Accumulation
Full-time regular employees shall accumulate sick leave at the rate of one (1) day per completed month or twelve
(12) days for each completed year of service eight (8) hours per month. An employee must have earned pay for
one-half of his or her workdays for that month to be credited with sick leave. The employee cannot use a month's
credit until he or she has earned pay for one-half of his or her workdays for that month.
Part-time regular employees working twenty (20) hours of or more per week shall accumulate sick leave at one-
half the rate for full-time employees. Part-time employees hired on or after INSERT DATE, must work thirty
(30) hours or more per week in order to accumulate sick leave at one-half the rate of full-time employees. An
employee must have earned pay for one-half of his or her workdays for that month to be credited with sick leave.
The employee cannot use a month's credit until he or she has earned pay for one-half of his or her workdays for
that month.
Part-time regular employees working less than twenty (20) hours per week are not eligible for sick leave.
Part-time regular employees hired prior to July 28, 2015 working twenty (20) hours or more per week shall
accumulate vacation leave at one-half (1/2) the rate of full-time employees.
Part-time regular employees hired on or after July 28, 2015 working thirty (30) hours or more per week shall
accumulate vacation leave at one-half (1/2) the rate of full-time employees. If an employee in this classification
works less than thirty (30) hours per week they are not eligible for vacation leave.
Temporary employees shall not be eligible for sick leave.
Sick leave accumulated by eligible employees shall be recorded and taken in half-hour 15 minute increments.
The above section is subject to employee labor agreements, when applicable.
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Exhibit A
D
Item 12.
Section 3. Sick Leave - Maximum Accumulation
The maximum number of sick days an employee may accrue is one hundred eighty (180) days. After the
maximum number of days are accrued, no additional sick leave shall be earned until some of the accrued leave
is taken.
Non-bargaining employees are permitted an unlimited accumulation of sick leave.
The above section is subject to employee labor agreements, when applicable.
Section 4. Sick Leave - Physician Certificate
A physician certificate is required for an employee to return to work who has been out over absent three (3) or
more consecutive working days, unless waived by a Department Head. A physician certificate requirement can
be instituted on a one (1) day basis for habitual lost time at the discretion of the employee's supervisor. In all
cases a sick leave form must be completed and signed by the returning employee. the employee must submit a
sick leave request via the payroll system. The leave request is approved once authorized by the supervisor.
Section 5. Sick Leave - Retirement Credit for Accumulated Sick Leave
Employees hired on or before July 1, 2004 and retire under an approved City Retirement Plan shall be paid in
full for a maximum of one hundred fifty (150) days of accrued sick leave if the employee is retiring with 25 or
more years of service with the City of Dover. The employee retiring with less than 25 years of service with the
City of Dover shall be paid in full for a maximum of one hundred thirty (130) days of accrued sick leave.
Effective January 12, 2009, as approved by City Council, employees with 21 to 24 years of service shall be
eligible to sell back or use for terminal leave according to the following schedule.
Up to 130 days with 20 or less completed years or service
Up to 134 days with 21 completed years of service;
Up to 138 days with 22 completed years of service;
Up to 142 days with 23 completed years of service;
Up to 146 days with 24 completed years of service;
Up to 150 days with 25+ completed years of service.
Service for less than a full year does not advance the allowance to the next entitlement. For example, an
employee with 21 years and 2 months of service will be entitled to utilize 134 days rather than 138 days.
Employees hired after July 1, 2004 will be permitted to be paid in full for a maximum of one hundred (100) days
of accrued sick leave. Employees hired on or after INSERT DATE, will be permitted to be paid in full for a
maximum of seventy-five (75) days of accrued sick leave. This payment shall be in a lump sum payable upon
retirement in the employee’s paycheck immediately following the exhaustion of the 30 calendar day notice of
retirement. Shall an employee provide notice that exceed 30 calendar days, the lump sum payment of
accumulated sick leave will be included in the employee’s final paycheck. The 30 calendar day notice may not
be waived. or t[T]he employee may convert his/her accumulated sick leave, not to exceed the maximum
indicated, to terminal leave.
Employees on terminal leave are required to use accumulated leave for holidays.
The above section is subject to employee labor agreement, when applicable.
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Exhibit A
D
Item 12.
Section 6. Sick Leave – Termination
Any employee who is terminated shall lose all accumulated sick leave. The only exception to this policy is
Section 5 of this Article.
Section 7. Sick Leave - Payment for Accumulated Sick Leave Upon Death
The estate of an employee who dies while employed by the City shall not be entitled to payment for the
employee’s accumulated sick leave; however, if the deceased employee was eligible for retirement, the
employee’s estate would be entitled to receive payment for the accumulated sick leave based upon maximum
permitted for years of service.
SECTION 8. VACATION BONUS FOR GOOD ATTENDENCE
Effective calendar year 2009, all regular non-bargaining, full-time employees will be eligible for a vacation
bonus. Regular full-time non-bargaining employees would be considered for their first bonus on January 1, 2010
for usage from January 1, 2009 to December 31, 2009. The additional vacation hours will be credited in
n Regular full-time non-bargaining employees will continue to earn eight (8) hours of sick leave for
February.L.......I
January through December each year.I
The bonus would be based upon the following hours:
Hours Used Vacation Earned
0 16 Hours
8 hours or less 8 hours
Approved by City Council on January 12, 2009.
ARTICLE 12
LEAVES WITHOUT PAY
These type of request would be associated with leave not protected by federal/state guidelines such as the Family
and Medical Leave Act (FMLA) and Uniformed Services Employment and Reemployment Rights Act (USERRA).
Section 1. Limited Leave Without Pay
The employee’s Department Head may grant employees a leave of absence without pay, not to exceed two (2)
weeks, provided the employee has exhausted all accumulated vacation leave and comp-time. The Human
Resources Director must be notified before a decision can be rendered.
The above section is subject to employee labor agreement, when applicable.
Section 2. Extended Leave Without Pay
A regular employee may be granted a leave of absence without pay for up to six (6) months by the City Manager
provided it has been requested in writing and the employee has exhausted all accumulated sick (if applicable),
vacation, leave, comp-time and personal leave. If an employee is applying for disability insurance under the
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Exhibit A
City of Dover employee’s policy, then the employee does not have to exhaust his or her accumulated vacation
DItem 12.
leave. Generally the leave shall be used for reasons of personal or family disability reason, continuation of
education or special work that will permit the City to benefit by the experience gained or the work performed.
An extension of leave for six (6) months may be granted by the City Manager. However no leave of absence
may exceed a total of one (1) year. The Human Resources Director must be notified before a decision can be
rendered.
The employee shall apply in writing for leave. The employee is obligated to return to duty within or at the end
of the time determined appropriate approved by the City Manager.
If the City learns that an employee on a leave of absence is no longer using the leave for reasons originally stated
in the leave request, then the employee may be terminated.
The above section is subject to employee labor agreement, when applicable.
Section 3. Extended Leave Without Pay - Retention And Continuation of Benefits
An employee shall retain all unused sick leave while on leave without pay. An employee ceases to earn all leave
credits on the date leave without pay begins. Completed service credits for the purpose of computing service
time, longevity pay, sick and vacation leave shall accrue for a period of forty-five (45) days following the start
of leave of absence without pay be frozen at the time leave begins. The City will not make pension contributions
during the unpaid leave. The employee may continue to be eligible for benefits under the City's group insurance
plans provided the employee shall be responsible for the payment of the total insurance premium to the City
prior to the first day of each month while on leave; unless the leave is for an employee illness, disability or
maternity case in which the employee is only required to pay the premium amount normally deducted from the
employee’s pay check. Enrollment in direct debit as a means of providing payment is required. A minimum
of a 30 day grace period in which to make premium payments is provided. If payment is not made timely, group
health insurance plans may be cancelled, provided the employee is notified in writing at least 15 days before the
date that the group health insurance coverage will lapse. Shall any premiums remain unpaid at the time the
employee returns to work, the premiums will be deducted from the employee’s pay.
If an employee does not return to work at the end of the leave period or fails to continue employment for one (1)
year upon returning, the employee will reimburse the City for all insurance premiums paid by the City on the
employee's behalf during the leave.
Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same
position held at the time leave was granted or to one of like classification. Seniority will be restored to the level
at the time the leave began. or pay including salary range adjustments that may have occurred during the said
leave. If the employee decides not to return to work, the supervisor should be notified immediately. Failure to
report at the expiration of a leave of absence, unless an extension has been requested and approved in writing,
shall be considered a resignation.
ARTICLE 13
OTHER TYPES OF LEAVE
Section 1. Terminal Leave
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Exhibit A
D
Item 12.
Upon retiring directly from City service under an approved City Retirement Plan a regular employee is eligible
to take terminal leave prior to his/her retirement date under the following conditions:
(a) For employees hired on or before July 1, 2004, terminal leave shall consist of a total of both an employee's
unused sick and vacation leave. A maximum amount sick leave is in accordance with Article 11. Sick Leave,
Section 5. Sick Leave – Retirement Credit for Accumulated Sick Leave an employee may convert is one hundred
fifty (150) days if the employee is retiring with 25 or more years of service with the City of Dover. The employee
retiring with less than 25 years of service with the City of Dover shall be permitted to convert a maximum of
one hundred thirty (130) days of accrued sick leave to terminal leave. adhere to the following schedule:
Effective January 12, 2009, as approved by City Council, employees with 21 to 24 years of service shall be
eligible to sell back or use for terminal leave according to the following schedule.
Up to 130 days with 20 or less completed years or service
Up to 134 days with 21 completed years of service;
Up to 138 days with 22 completed years of service;
Up to 142 days with 23 completed years of service;
Up to 146 days with 24 completed years of service;
Up to 150 days with 25+ completed years of service.
Service for less than a full year does not advance the allowance to the next entitlement. For example, an
employee with 21 years and 2 months of service will be entitled to utilize 134 days rather than 138 days.
Employees hired after July 1, 2004, will be permitted to convert a maximum of one hundred (100) days of
accrued sick leave to terminal leave. Employee hired on or after INSERT DATE, will be permitted to convert a
maximum of seventy-five (75) days of accrued sick leave to terminal leave.
At the beginning of terminal leave, the employee’s sick leave balance will be reduced to the appropriate balance
as indicated above.
(b) Once terminal leave begins the employee ceases to earn vacation or sick leave credits, no longer entitled to
receive holiday pay and is no longer eligible for annual salary increases.
(c) (b) Once terminal leave begins, the employee cannot return to active service unless approved by the City
Manager. If a return to active service is approved, then the employee will be required to pay back all expended
sick leave credits if the request to return to work was initiated by the employee.
(d) In order to qualify for terminal leave, an employee must request terminal leave in writing a minimum of
forty-five (45) days 30 calendar days notice prior to the date the employee’s retirement date employee intends
to begin terminal leave. unless waived by either the Civilian or Police Pension Committee. The retiring employee
shall give such notice in writing to his/her supervisor, Department Head and the Human Resources department.
The employee’s Department Head may waive the 30 calendar day notice requirement for terminal leave.
(e) Any leave taken within 30 calendar days prior to terminal leave beginning will be considered terminal leave.
Section 2. Military Leave
Military Training Leave
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Exhibit A
Full-time, regular employees who are members of the National Guard or Armed Forces Reserve will be allowed
D
Item 12.
ten (10) work days military training leave per calendar year. If the compensation received while on military
leave is less than the base salary that would have been earned during this same time period as a City employee,
the employee shall receive partial compensation equal to the difference in the total compensation earned as a
reservist or guardsman and the base salary that would have been earned during this same period as a City
employee. The effect will be to maintain the employee’s salary at a normal level during this period. If such
military duty is requested beyond this ten (10) work day period, the employee shall be eligible to take
accumulated vacation leave or be placed in a leave without pay status. While taking military leave with partial
pay or without pay during the ten (10) work day period, the employee’s leave credit and other benefits shall
continue to accrue as if the employee physically remained with the City during this period. Shall an employee’s
leave extend beyond the ten (10) work days and the employee is on a leave without pay status, the employee’s
accumulation of leave will be subject to Article X, Section 2. Vacation Leave – The Manner of Accumulation
and Article XI Sick Leave, Section 2. Sick Leave – Manner of Accumulation. An employee may use vacation
time for the ten (10) days military duty and receive both vacation pay and pay from the military. without
reimbursement to the City. An employee must notify his/her supervisor a minimum of ten (10) days prior to
taking military leave as soon as possible when leave is needed.
The pay received from the military while on military leave shall not be considered as pay for pension purposes.
No employee pension contributions will be deducted, the City will not make pension contributions based on the
pay and the pay shall not be used to compute pension benefits.
Active Duty
Full-time, regular employees who are guardsmen and reservists have all the job rights specified in the Veterans
Readjustment Assistance Act Uniformed Services Employment and Reemployment Rights Act (USERRA). All
employees who enlist or are reactivated in one of the military services will be granted on application a military
leave of absence for a maximum period of five (5) years per USERRA guidelines.
Military Mobilization Pay
If the compensation received by a full-time regular employee while on military leave as a result of individual or
military unit mobilization is less than the base salary that would have been earned during this same time period
as a City employee, the employee shall receive partial compensation equal to the difference in the military
compensation earned as a reservist or guardsman and the base salary that would have been earned during the
same time period as a City employee. This differential shall be paid for a time period of up to one year from the
date the employee reports to active military service duty and shall cease upon termination of the active duty
assignment. Military compensation shall include base pay, all special pay, bonuses and allotments, and any other
direct compensation received as a result of mobilized military service from the government of the United States
or any State government.
Reemployment After Military Service
Upon release from military service with an honorary honorable discharge, a retiring veteran the employee must
apply for reinstatement as follows:
Service Time Return
30 days or less Beginning of the next regularly scheduled work period on the first full day
following completion of service and expiration of an 8-hour rest period
following safe transportation home.
31 to 180 days Application of reinstatement must be submitted not later than 14 days after
completion of military duty.
180 or more days Application for reinstatement must be submitted not later than 90 days after
completion of military duty.
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Exhibit A
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Item 12.
Benefits
When the veteran is returned to active employment all benefits previously earned such as sick leave, longevity
pay, unused vacation time and cost of living increases shall be credited to his record. Time spent while on active
duty shall be credited towards completed years’ service with the City for the purpose of computing retirement
time, vacation time, and longevity increases. Employees will not accumulate vacation or sick leave during active
duty assignments.
An eligible City employee shall receive uninterrupted health, dental and vision insurance benefits at the same
level as before he or she was called to active duty for a period of up to one year from the date the employee
actually reports to active military service. The employee shall also be allowed to continue pension contributions
based on his or her normal base pay per USERRA guidelines. (Following two sentences were cut from previous
paragraph.) In regards to pension benefits, sworn police officers are subject to the Delaware County and
Municipal Police/Firefighter Pension with the State of Delaware. Please contact the State of Delaware Pension
Office for complete details.
Part-time Employment
Part-time regular employees working less than twenty (20) thirty (30) hours per week and temporary employees
are eligible for military leave but not partial compensation.
USERRA (Uniformed Services Employment and Reemployment Rights Acts) guidelines apply to all military
leave.
Section 3. Maternity Leave
Leaves of absence shall be granted to employees affected by pregnancy, childbirth, or related conditions or
placement of a child within one year of birth or placement;. provided such leave shall not exceed six (6) months.
At the commencement of a maternity leave of absence, employees have the option of using shall exhaust accrued
sick, or vacation leave and compensatory time. time in order to continue to receive pay. Sick leave is permitted
according to Article 6, Section 1. Pay will cease when all accrued allowances have been used. The use of accrued
time-off shall not extend the length of the leave. Upon the expiration of Family and Medical Leave (FMLA), an
employee may request a leave of absence. Combined use of paid leave, FMLA and extended leave, shall not
exceed a total of six (6) months. If the mother and father both are employees of the City of Dover, the combined
leave shall not exceed six (6) months.
Section 4. Jury Duty/Civil Leave
A City employee called for jury duty or as a witness in any civil or criminal legal proceeding shall receive leave
with pay for such duty during the required absence without charge to accumulated vacation or sick leave. This
does not apply to an employee if he/she is a defendant or plaintiff in a legal proceeding. If the employee’s normal
work schedule begins prior to the time the employee is to report to jury duty or the legal proceedings, the
employee is to report to work at their regularly scheduled time. The employee is required to return to work
promptly upon release from jury duty or the legal proceedings. While on jury/civil duty, benefits and leaves shall
accrue as though on regular duty.
Section 5. Bereavement Leave
Bereavement leave shall be granted to all regular employees and probationary employees serving a probationary
period who are regularly scheduled to work 20 hours or more per week and who experience a death of a member
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Exhibit A
D
Item 12.
of the employee’s immediate family. Employees hired on or after July 15, 2015, shall be eligible for bereavement
leave provided they are regularly scheduled to work 30 hours or more per week. Upon request, the employee
may be granted up to three (3) working days leave with pay. If the funeral is more than four hundred (400) miles
from the City of Dover, the employee shall be granted up to five (5) working days, with pay, not charged to any
leave balance, to arrange for and/or attend the funeral service or related matters. An employee may request
additional time beyond the time provided. The City Manager or appropriate city official may grant such
additional time to be charged against the employee’s sick leave.
Immediate family is defined for the purpose of this section as spouse, mother, father, guardian, children, sister,
brother, grandparents, grandchildren plus the various combinations of half, step, in-law and adopted relationships
that can be derived from those named, in addition to significant other if not married or separated from spouse,
and any relative living with the employee.
The City reserves the right to request verification of the relationship and funeral location.
Hours granted as bereavement time shall be counted as hours worked for purposes of computing overtime and
shall not be charged as vacation leave if such occurs while the employee is on vacation.
The above section is subject to employee labor agreement, when applicable.
Section 6. Family and Medical Leave
Family and Medical leave will be granted in accordance with the requirements of the Federal Family and Medical
Leave Act (FMLA).
The Family and Medical Leave Act of 1993 (FMLA) requires covered employers to provide up to 12 weeks of
unpaid, job protected leave to “eligible” employees for certain family and medical reasons. The 12 weeks of
unpaid leave in a 12-month period is calculated as a “rolling’ 12- month period measured backwards from the
date of any FMLA leave usage. Employees are eligible if they have worked for a covered employer for at least
one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.
All leave, paid and unpaid, taken for FMLA purposes will count against the employee’s annual FMLA leave
eligibility.
The twelve (12) weeks is also defined as 480 hours. A request for intermittent leave or a reduced leave schedule
is permissible. The City reserves the right to temporarily transfer an employee to another position, for which he
or she is qualified, during the intermittent or reduced schedule leave. Equivalent pay and benefits will be
maintained.
(a) Reasons for taking leave:
Unpaid leave must be granted for any of the following reasons:
• To care for the employee’s child after birth, or placement for adoption or foster care within one
year of birth or placement;
• To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition;
or
• For a serious health condition that makes the employee unable to perform the essential functions
of the employee’s job.
• Any qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or
parent is on active duty or called to active duty status as a member of the National Guard or
Reserves in support of a contingency operation.
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves
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Exhibit A
one of the following:
DItem 12.
• Inpatient care in a hospital, hospice, or residential medical care facility, including any period of
incapacity or subsequent treatment in connection with such inpatient care
• Continuing treatment by a health care provider, which includes:
• A condition requiring absence of more than three consecutive calendar days from work, or other
regular daily activities that also involves continuing treatment by a health care provider
A period of incapacity lasting more than three consecutive, full calendar days, and any subsequent
treatment or period of incapacity relating to the same condition that also includes:
Treatment two or more times by or under the supervision of a health care provider (e.g.; in-person visits,
the first within 7 days and both within 30 days of the first day of incapacity); or
One treatment by a health care provider (e.g.: an in-person visit within 7 days of the first day of
incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); or
Pregnancy or prenatal care;
A chronic condition (ie. e.g. Asthma, diabetes, epilepsy, etc.);
A permanent or long-term condition requiring medical supervision (Alzheimer’s, stroke, terminal
diseases, etc.);
Absences to receive and recover from multiple treatments by or on referral by a health care provider for
a condition that likely would result in incapacity of more than three consecutive days if left untreated (ie.
Chemotherapy, physical therapy, dialysis, etc.)
Military Caregiver Leave
An eligible employee shall be entitled to twenty-six workweeks of leave during a single 12-month period
to care for a covered servicemember with a serious injury or illness if the eligible employee is the
servicemember’s spouse, son, daughter, parent, or next of kin.
Qualifying Exigency Leave
Eligible employees who are the spouse, son, daughter, or parent of a military member may take up to 12
weeks of FMLA leave during any 12-month period to address the most common issues that arise when a
military member is deployed to a foreign country, such as attending military sponsored functions, making
appropriate financial and legal arrangements, and arranging for alternative childcare. This provision
applies to the families of members of both the active duty and reserve components of the Armed Forces.
Military Caregiver Leave
Eligible employees who are the spouse, son, daughter, parent or next of kin of a covered servicemember
may take up to 26 weeks of FMLA leave during a single 12-month period to care for the servicemember
who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a serious injury or illness incurred or aggravated in
the line of duty on active duty. This provision applies to the families of members of both the active duty
and reserve components of the Armed Forces.
Leave, as the result of a worker’s compensation injury, may be counted as FMLA leave.
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Exhibit A
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Item 12.
While the Family Medical Leave Act provides for 12 weeks of unpaid, job protection, the City permits requires
the employee to use his or her accrued leave time in conjunction with FMLA leave. in order to avoid a loss in
wages. The use of accrued leave does not extend one’s FMLA leave. Accrued leave use must adhere to City
policy regarding use.
Spouses who work for the City and are both eligible for FMLA, are entitled to a combination of 12 weeks of
leave during any 12 month period if the leave is taken for the birth or adoption of the employee’s newborn child
or placement of adoption or to care for a parent with a serious health condition.
Advanced Notice and Medical Certification:
The employee may be required to provide advanced leave notice and medical certification. Taking of
leave may be denied if requirements are not met. Requests for FMLA leave must be made to the Human
Resources Department in writing along with supporting documentation. Forms provided by the U.S.
Department of Labor are the preferred method to request and validate the request. The City reserves the
right to require second or third opinions (at the employer’s expense) and a fitness for duty report to return
to work. Medical recertification may be required.
The employee must provide 30 days advance notice when the leave is “foreseeable.” If 30 day notice is
not possible due to a medical emergency or the employees’ uncertainty as to when the leave will be
required to begin, notice must be given as soon as it is practical to do so. The City may require medical
certification to support a request for leave because of a serious health condition, and may require second
or third opinions (at the employer’s expense) and a fitness for duty report to return to work. Moved to
above paragraph.
Absent unusual circumstances, employees must comply with the employer’s usual and customary notice
and procedural requirements for requesting leave.
Job Benefits and Protection:
For the duration of FMLA leave, the employer must will maintain the employee’s health, dental, life,
accidental life, short term disability, long-term disability (when applicable) and vision coverage under
any group health plan. The employee will continue to be responsible for their portion of the premiums
either for themselves or themselves and dependents. While on paid leave, the premiums will be deducted
from the employee’s paycheck. If on unpaid leave, the employee must enroll in direct debit. Premiums
will be deducted from a designated bank account the beginning of each month.
If an employee does not return to work at the end of the FMLA leave period, the employee will reimburse
the City for all insurance premiums paid by the City on the employee's behalf during the FMLA leave.
As mandated in the Family and Medical Leave Act of 1993, the employee will not be liable to reimburse
the City if the reason the employee does not return to work is due to the continuation, recurrence or onset
of a serious health condition (either affecting the employee or an immediate family member) that would
entitle the employee to FMLA leave or does not return to work due to other circumstances beyond the
employee's control.
FMLA leave will not be treated as a break in service for purposes of pension vesting and participation
eligibility. However, the City will not make pension contributions during unpaid FMLA leave.
An employee will not accrue vacation and sick leave time while on unpaid FMLA leave.
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Exhibit A
Upon returning from FMLA leave, most employees must be restored to their original or equivalent
D
Item 12.
positions with equivalent pay, benefits and other employment terms and conditions. In addition, the use
of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an
employee’s leave.
Written notice will be given to any key employee, as defined by the Department of Labor as it relates to
FMLA, at the time FMLA leave is requested, if the City intends to deny restoration to employment upon
completion of the FMLA leave. The notice will be served either in person or by certified mail and will
explain the basis for the finding that substantial and grievous economic injury will result. The notice will
provide the employee a reasonable time in which to return to work, taking into account the circumstances,
such as length of leave and the urgency of the need for the employee to return.
If a key employee does not return to work in response to the notification of intent to deny restoration, the
employee is still entitled to all rights under FMLA. These rights will cease when the employee gives
notice of intent not to return to work or at the conclusion of the leave period.
Leave without pay of less than one full day for documented FMLA leave will not affect an employee’s
Fair Labor Standards Act exempt status.
During leave, the employee must contact the Human Resources Department, at a minimum, of once per
month to advise of the employee’s return to work status.
(d)Unlawful Acts by Employers
FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right
provided under FMLA or discharge or discriminate against any person for opposing any practice made
unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
(e)Additional Information:
Once the Human Resources Department is made aware that an employee is on FMLA leave, the City
must notify the employee in writing within 2 five (5) business days (unless there are extenuating
circumstances) that the leave is designated as FMLA leave.
If the City learns that an employee’s leave qualifies as FMLA leave after the employee returns to work,
the City can retroactively designate the leave within two five (5) business days of the employee’s return
to work.
If an employee did not realize that the leave he or she took qualified as FMLA leave until after his or her
return to work, he can notify the employer and request that the leave be designated as FMLA leave within
two five (5) business days of the employee’s return to work.
If it is determined that the leave qualifies for protection under the FMLA the employee cannot decline
the leave to be classified as FMLA.
Absence from work due to FMLA leave may not be considered in promotion decision, performance
appraisals, or disciplinary actions.
If an employee is applying for disability insurance under the City of Dover employee’s policy, then the
employee does not have to exhaust his or her accumulated vacation leave. moved from Article XII. Leave
without Pay, Section 2. Extended Leave without Pay Policy.
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Exhibit A
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Item 12.
The information contained in this Section is to provide general information about the Family and Medical Leave
Act of 1993 (FMLA) and is an interpretation by the City to assist the employee in understanding the requirements
of the FMLA and how it interacts with the requirements of the City and the employees. The City is not
responsible for any inaccurate statements and is providing this extensive information purely to assist the
employee, but the employee is directed to read and refer to the FMLA as written knowing that the City, by this
interpretation, is not responsible for any statements, deadlines, requirements stated herein and the employee is
referred to the actual document of the FMLA for an accurate interpretation. Specific questions or concerns
should be directed to the Human Resources Director or the Department of Labor.
Section 7. Inclement Weather
The City of Dover will keep its offices open during regularly scheduled hours unless extreme inclement weather
necessitates the curtailment of all but essential services. When City Offices are open, each employee shall report
to work and remain at work until officially released.
PROCEDURE
(a) Responsibilities:
1. The City Manager will make all decisions concerning the closing of City Offices.
2. Department Heads will determine which positions, by job title, are assigned to maintain essential
services when offices are closed. Such positions will be designated as "emergency" “essential” positions
and employees occupying those positions shall be notified of their "emergency" “essential” status.
Positions will be designated as “essential” based upon the weather event.
(b) Guidelines:
1. Opening of Offices:
a. In most cases of inclement weather, all City Offices will open and remain open for business during
regularly scheduled hours.
b. When inclement weather is severe enough to create a safety hazard for employees or to cause
extremely poor road conditions, each Department Head shall exercise his/her judgement
judgment in assessing employee tardiness.
c. Employees who call in and are unable to come to work may, have the option of using shall use
accrued vacation comp time or leave without pay to cover the normal working hours missed as a
result of the weather emergency. If an employee chooses comp time, and does not have comp
time accrued, that employee will be advanced comp time with the understanding that those hours
missed due to the weather emergency will be made up within two (2) weeks of the weather
emergency.
d. An employee who calls in sick during inclement weather, may be required at the discretion of the
supervisor to provide a doctor's certificate to substantiate charging the absence to sick leave. An
employee who fails to provide the required certificate when requested to do so, shall have the
time reported as leave without pay.
The above section is subject to employee labor agreement, when applicable.
2. Closing of Offices During the Day:
When extreme inclement weather necessitates the closing of offices after the workday has begun, the
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Exhibit A
following will apply:
DItem 12.
a. All employees not designated as emergency essential employees will be excused from work. For
the remainder of the workday these employees will be placed on excused leave of absence with
pay.
b. Each employee designated as an emergency essential employee shall remain on duty for the
duration of his/her regular shift or revert to his/her assigned emergency shift, if appropriate.
c. Individuals who called in and were placed on vacation leave status will be charged such leave for
the entire day. The option of requiring a doctor's certificate for a reported sick leave shall continue
to be available to a Supervisor. Individuals who depart on vacation leave prior to official
announcement will be charged such leave for the entire remainder of the day.
3. Closing the Office before the Start of the Work Day:
When inclement weather prevents the opening of offices for the day, the following will apply:
a. Employees will be notified of the closing of offices by the procedures outlined in paragraph D
(e), Public Announcements.
b. Each emergency essential employee shall report to his/her normal shift or emergency shift as
appropriate.
c. All non-emergency essential employees are excluded from reporting to work. These employees
will be placed on excused leave of absence with pay for their entire workday.
d. Employees on previously approved leave status ((vacation, etc., (excluding sick)) will remain on
such leave status. Sick time pre-scheduled for a doctor appointment that was cancelled by the
doctor due to the inclement weather will not be charged sick leave.
(c) Exceptions:
In the event a Department Head determines that it is necessary for non-emergency essential employees to remain
at or report to work after offices are closed as the result of inclement weather, then he/she may direct such
employees to do so. Such employees will be paid in accordance with the same policies governing emergency
essential employees.
(d) Compensation:
Emergency Essential employees who work during their normal or emergency shifts will receive hour-for-hour
vacation time overtime monetary compensation in addition to their normal straight time pay for hours worked
during the normal shift when City offices are closed by the City Manager due to inclement weather. Exempt
employees will receive hour for hour monetary compensation while non-exempt employees will receive
monetary compensation at time and one half.
The above section is subject to employee labor agreements, when applicable.
(e) Public Announcements:
FM Radio stations, WDSD 92.9 and Eagle 97.7 and television station WBOC will be asked to carry
announcements of the City's order to close offices due to inclement weather. The announcement of the closing
of the City will be posted on the City’s official social media page and website, www.cityofdover.com.
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Exhibit A
DItem 12.
(f). Employee Message Center
Employees may call the City’s Employee Message Center in order to determine the City’s operating schedule.
The phone number is 736-4240. The message will be updated as information is provided by the City Manager.
Section 8. Administrative Leave
At the discretion of the City Manager, administrative leave with or without pay may be granted when
circumstances warrant the removal of an employee from the workplace during the course of an on-going
investigation by the city of alleged work-related misconduct. Administrative leave may be granted to an
employee who is alleged to have engaged in work-related misconduct or, if it would be prudent for reasons of
security or safety to grant such leave, to any other employee or for any another reason the City Manager deems
reasonable.
Moved from Article XVIII. Educational Assistance
Section 9. Limited Education Leave With Pay
A limited education leave of absence with full or part pay or unpaid leave during regular working hours may be
granted to a regular full-time employee upon the recommendation of the Department Head and with the approval
of the City Manager or appropriate City official to permit an employee to take courses of study which will better
prepare the employee to perform his/her assigned duties.
Section 10. Extended Education Leave With Pay
Full time educational leave of absence at full or part pay or unpaid leave for a period not to exceed twelve (12)
calendar months may be granted to regular employees upon recommendation of the City Manager and
Department Head with the approval of the City Council. An employee is eligible after five (5) continuous years
of service. An employee granted such extended educational leave with pay shall agree to return to the service of
the City upon completion and training and remain an employee of the City for a period equal to two years or the
employee shall reimburse the City for all compensation received while on educational leave in addition to all
education reimbursements. This agreement shall not constitute an employment contract.
Article 18, Section 3 shall apply to an employee on full-time education leave.
For the duration of the leave, the employer will maintain the employee’s health, dental, life, accidental life, short
term disability, long-term disability (when applicable) and vision coverage under any group plan. The employee
will continue to be responsible for their portion of the premiums for themselves or themselves and dependents.
Enrollment in Direct Debit will be required for payment of premiums. A minimum of a 30-day grace period in
which to make premium payments is provided. If payment is not made timely, group health insurance plans may
be cancelled, provided the employee is notified in writing at least 15 days before the date that the group health
insurance coverage will lapse. Shall any premiums remain unpaid at the time the employee returns to work, the
premiums will be deducted from the employee’s pay.
If an employee does not return to work at the end of the leave period and continue employment for one (1) year,
the employee will reimburse the City for all insurance premiums paid by the City on the employee's behalf during
the unpaid portion of the leave.
The leave will be treated as a break in service for purposes of pension vesting and participation eligibility. The
City will not make pension contributions during the leave.
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Exhibit A
An employee will not continue to accrue vacation and sick leave time while on unpaid leave.
D
Item 12.
Employees who are on a leave of absence during which benefits are provided must receive permission from the
City Manager for any employment, including self-employment.
ARTICLE 14
WORKER'S COMPENSATION
Section 2 1. On-The-Job Injuries and Benefits
City employees are covered by the Delaware Worker's Compensation Act and are required to report all injuries
or possible injuries arising out of and in the course and scope of employment to their supervisor by the end of
their normal daily work schedule.
The City of Dover and the Workmen's Compensation Law of Delaware require that the standard "Employer's
Report of Occupational Injury or Disease" form be completed and filed with the Human Resources Department
within two (2) working days after the injury occurs, unless extenuating circumstances exist. The employee’s
immediate Supervisor must answer questions on the form as completely as possible.
The guidelines listed below will be followed in the event of an on the job injury:
1. Emergency first-aid treatment should be administered, whenever practical, and the injured employee
should be transported to Kent Medical Center or Kent General Hospital Emergency Room Bayhealth -
Occupational Health or Bayhealth (hospital). The method of transportation whether by the nearest
available vehicle or by ambulance shall be determined by the extent of injury and by the person
handling the situation.
2. The injured employee, or any other designated person, should notify the injured employee's supervisor
as soon as practical after the injury occurs. Noted in first paragraph.
32.After the injured employee has received medical treatment he or she shall is to complete the
"Employee's Report" form. The supervisor then shall will complete the "Supervisor's Report" form.
The injured employee will then complete the "Authorization for Medical and Records" form.
43.After the above three (3) two (2) forms have been filled out completed, the Supervisor and the Human
Resources Department will complete the "Employer's Report of Occupational Injury or Disease" form.
4.The completed forms will be delivered to the Human Resources Department for processing.
65. Prior to returning to work from a "lost time injury" the employee must submit, to his/her supervisor
the Human Resources Department, a signed physician's statement authorizing that employee's fitness
to return to work status.
SECTION 3. WORKER'S COMPENSATION BENEFITS Moved to Section 1
City employees are covered by the Delaware Worker's Compensation Act and are required to report all injuries
or possible injuries arising out of and in the course of employment to their supervisor by the end of their normal
daily work schedule.
Section 1 2. Worker's Compensation Leave
An employee absent from duty as a result of sickness or disability covered by Delaware Worker's Compensation
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Exhibit A
Act may receive Worker's Compensation benefits up to 66 2/3% of the employee's average weekly pay provided
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the weekly benefit cannot exceed the maximum limit set by State Law. For the first sixty (60) calendar days that
While an employee is out absent from work and under a licensed physician's care as a result of an on the job
accidental injury, the City will guarantee 100% of an employee's base weekly pay for up to 320 working hours.
The sixty (60) calendar days 320 working hours of full base pay is per injury and is cumulative. Partial days
will be counted towards the 60 calendar days. In each case where the employee must be absent from duty more
than sixty (60) calendar days 320 working hours because of an on the job accident, the City will cease its
payments but will allow the employee to elect to use accumulated vacation and sick leave as a supplemental
payment for the difference between his/her regular base salary and the payments received under the Worker's
Compensation Act. Such an employee may have deducted from his accumulated vacation or sick leave that
fraction of a day which is the same as the fraction that the supplemental payment for one day is of a regular day's
pay. Supplemental pay and workers compensation pay shall not exceed the employee’s average weekly wage.
The City shall continue to pay for his/her individual group health insurance, the City’s share of dependent health
coverage and the City's share of life, accidental death and dismemberment and accident and sickness insurance
coverages. for the City’s share of benefits (health, vision, life, etc.). The employee remains financially
responsible for their share of the premiums. Upon returning to work an employee’s salary will be computed on
the basis of the last salary earned plus any across the board or reclassification salary increase to which the
employee would have been entitled during the disability covered by Worker’s Compensation.
Temporary employees and part-time employees working less than twenty (20) forty (40) hours per week will be
placed on leave without pay status and will receive all benefits for which they may be eligible for under the
Worker’s Compensation Act; but are not eligible for the 100% guarantee of base salary for the first sixty (60)
days on up to 320 working hours Worker's Compensation leave. The use of accumulated leave is permissible.
All leave associated with a worker’s compensation injury could be subject to Family and Medical Leave
(FMLA). FMLA is referenced in Article 13. Other Types of Leave, Section 7. Family and Medical Leave of the
Personnel Policy.
The above section is subject to employee labor agreements, when applicable.
ARTICLE 15
SEPARATION, DISCIPLINARY ACTION AND REINSTATEMENT
Section 1. Types of Separation
All separations of employees from positions in the service of the City shall be designated as one of the following
types and shall be accomplished in the manner indicated: resignation, reduction in force, lay off, disability,
retirement, dismissal or death.
Section 2. Resignation
A minimum of two (2) weeks notice is required suggested of all resigning personnel. For Department Heads,
managers and supervisors, it is recommended that a minimum of four (4) weeks notice be provided. The resigning
employee shall give such notice in writing to his/her supervisor, Department Head and the Human Resources
Department. An employee cannot use vacation accrued leave time as notice for his/her resignation or to extend
his/her service time.
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Exhibit A
The City reserves the right to terminate an employee’s employment immediately, after receiving an employee’s
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resignation.
Section 3. Reduction In Force
In the event that a reduction in force becomes necessary, consideration shall be given to the quality of each
employee's past performance, the need for the employee's service, qualifications and seniority in determining
those employees to be retained. Employees who are laid off as a result of a subject to the reduction in force shall
be given at least two (2) weeks’ notice of the anticipated lay-off reduction in force or immediate notification and
two (2) weeks of base salary compensation. No regular employee shall be separated while temporary employees
continue serving in the same class in the department, unless the regular employee refuses to transfer to the
position held by the temporary employee.
The above section is subject to employee labor agreements, when applicable.
Section 4. Lay Off
In the event that the City determines that a lay-off is necessary, consideration shall be given to the quality of
each employee's past performance, the need for the employee's service, qualification and seniority in determining
those employees to be retained. Employees who are subject to the lay-off shall be given at least two (2) weeks’
notice of the anticipated lay-off or immediate notification and two (2) weeks of base salary compensation. No
regular employee shall be separated while temporary employees continue serving in the same class in the
department, unless the regular employee refuses to transfer to the position held by the temporary employee.
When additional employees are needed in a classification, the regular employees who have been laid off or
transferred out of that classification within a one year period, due to the lack of work, shall be offered the jobs
before they are filled by promotion or transfer of employees with less seniority, or by hiring of new employees.
A notification shall be sent to the laid-off employee by registered mail to the latest mailing address supplied to
the City. The City shall be notified within five working days after receipt of the notice by the former employee
of their desire to accept the offer of the job and the former employee will start work not later than three weeks
after receipt of the notice. Should the employee fail to respond or report, he/she will be dropped from the City
employment rolls.
Section 4. 5 Disability
An employee may be separated for disability when the employee cannot perform the required duties as a result
of a physical or mental impairment. The employee or the City may initiate action, but in all cases it shall be
supported by medical evidence as certified by a competent physician. The City may require an examination at
its expense and performed by a physician of its choice. Before an employee is separated for disability, a
reasonable effort shall be made to locate alternative positions within the City's service for which the employee
may be suited and/or provide reasonable accommodations.
_ I
Section 6. Retirement Age
Employees requesting a lump sum payment for accumulated sick leave or using accumulated sick leave for
terminal leave shall be required to provide a minimum of 30 calendar day notice. The retiring employee shall
give such notice in writing to his/her supervisor, Department Head and the Human Resources department. An
employee cannot use vacation time as notice for his/her retirement. The employee’s Department Head may waive
the 30 calendar day notice requirement.I
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Exhibit A
Sworn Police Officers hired prior to September 1, 1982 shall retire in accordance with the policies governing
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this, set forth in Section 18-25 of the Police Pension Plan. All sworn Police Officers hired on or after September
1, 1982 shall adhere to the policies set forth in the Delaware County and Municipal Police/Firefighter Pension
with the State of Delaware.
All civilian employees shall refer to the City of Dover General Employee Pension Ordinances. Section 2-181
through 2-184.
All retirements are subject to the applicable pension guidelines.
Section 7. Dismissal
An employee may be dismissed from employment; subject to city policy, city charter or other law.
Section 6 8. Death
All compensation due in accordance with Article X, Section 5 of this policy, will be paid to the estate of a
deceased employee. The date of death shall be recorded as the separation date for computing compensation due.
Section 7 9. Disciplinary Action
An employee may be disciplined, suspended, demoted or dismissed as a result of failure in performance of duties
or failure in personal conduct. The specific discipline in each case will depend on the seriousness of the policy
that was violated, the frequency of the policy violation and the employee’s overall conduct. Discharge can result
from even a first-time offense and that progressive disciplinary steps can be bypassed when conduct warrants
immediate action.
The employee shall be provided with a written notice including the recommended effective date and reasons for
the action.
The above section is subject to employee labor agreements or Police Department rules, when applicable.
Section 8 10. Failure in Performance of Duties
An employee whose work is unsatisfactory over a period of time shall be notified by the supervisor in what
way(s) the employee's work is deficient and what must be done if the work is to be satisfactory.
An employee who is disciplined, suspended, demoted or dismissed for unsatisfactory performance of duties shall
normally receive at least two warnings before disciplinary action is taken. First, one or more oral warnings must
be issued by the employee's Supervisor/Department Head, and second, a written warning must be issued by the
Supervisor/Department Head serving notice upon the employee that corrected performance must take place
immediately in order to avoid disciplinary action. The supervisor and Department Head must record the dates
of their discussions with the employee, the performance deficiencies discussed and the corrective actions
recommended and must file the information in the employee's personnel folder in the Human Resources
Department.
Failures in the performance of duties considered to be adequate grounds for suspension, demotion or dismissal
include, but are not limited to the following representative examples:
(a) inefficiency, ineffectiveness, negligence or incompetence in the performance of duties,
(b) careless, negligent or improper use of City property or equipment,
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Exhibit A
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(c) physical or mental incapacity to perform duties,
(d) discourteous treatment of the public or other employees,
(e) leaving work assignments during working hours without prior supervisory permission,
(f) habitual improper use of leave privileges,
(g) habitual pattern of failure to report for duty to the assigned time and place, and
(h) failure to observe safety rules and regulations,
(i) caused or contributed to damage or loss because of poor performance or willful or intentional misuse
of city property,
(j) Unauthorized, nonbusiness use of company credit cards or vender accounts,
(k) performance detrimental to City services or for other serious reasons
Section 9 11. Failure In Personal Conduct
An employee may be disciplined, suspended, demoted or dismissed for causes relating to personal conduct
detrimental to City service or for other serious reasons. Such action may be necessary to avoid undue disruption
of work or to protect the safety of persons or property.
An employee disciplined, suspended, demoted or dismissed for causes relating to personal conduct shall be: (1)
given a statement of the charges before the disciplinary action, (2) allowed to respond, and (3) given a prompt
written statement of the decision of the Department Head. If circumstances are such that the Department Head
must take immediate action without notice, then Section 11 12 of this Article shall apply.
The following causes relating to failure in personal conduct are representative of those considered as being
adequate grounds for discipline, suspension, demotion or dismissal but are not limited to the following
representative examples:
(a) fraud in securing appointment
(b) conviction of a felony or a misdemeanor which would adversely affect performance of duties, or the
entry of a plea of "no contest" to either
(c) misappropriation of City funds or property
(d) falsification of City records for personal profit or to grant special privileges
(e) reporting to work under the influence of alcohol or other narcotic drugs or partaking of such things
while on duty or while on public property, except that prescribed medication may be taken within the
limits set by a physician so long as medically necessary
(f) any action with the intent to deceive
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Exhibit A
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(g) theft, unauthorized use or unauthorized removal of City property
(h) insubordination which shall mean the failure or deliberate refusal by an employee to obey a proper
order given by a supervisor or the use of disrespectful language towards his/her supervisor or another
individual
(i) disorderly conduct including fighting, practical jokes and horseplay
(j) abuse of employee benefits
(k) unapproved outside employment
(l) gross negligence in performance of duties
(m) any other actions which reflect adversely upon the City and
(n) discrimination or harassment of any person on the grounds of race, color, religion, sex, gender, sexual
orientation, marital status, genetic information, physical handicap disability, age or national origin.
Section 10 12. Disciplinary Suspension
An employee who is suspended for disciplinary reasons shall be relieved temporarily of all duties and
responsibilities and shall receive no compensation for the period of the suspension.
Section 11 13. Immediate Disciplinary Suspension
An employee may be suspended without notice by the Department Head for causes related to personal conduct
in order to avoid undue disruption of work, to protect the safety of persons or property or for other serious
reasons. When a Department Head suspends an employee, he/she shall tell the employee to leave City property
at once and remain away until further notice. The employee will be placed on leave without pay. A written
summary detailing the circumstances and facts leading to the suspension shall be prepared, one copy delivered
to the employee by certified mail and one copy filed in the employee's personnel folder in the Human Resources
Department and one copy delivered to the Bargaining Union President (when applicable).
Section 12 14. Non-Disciplinary Suspension
During the investigation, hearing or trial of an employee on any criminal charge or during the course of any civil
action involving the employee, the Department Head may suspend the employee without pay for the duration of
the proceeding as a non-disciplinary action if such action is deemed necessary in the best interest of the City.
Sworn Police Officers will conform to policies outlined in the Police Bill of Rights Law Enforcement Officers
Bill of Rights.
Full recovery of pay and benefits for the period of non-disciplinary suspension may be authorized by the City if
the suspension is terminated with full reinstatement of the employee.
Section 13 15. Reinstatement Rehire
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Exhibit A
An employee who resigns while in good standing or who is dismissed as a result of reduction in force may be
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reinstated rehired, with the approval of the Department Head, the Human Resources Director and the City
Manager or an appropriate City Official. The former employee would be subject to the recruitment process. An
employee who enters active service with the Armed Forces of the United States, the Public Health Service or
with a Reserve component of the Armed Forces will be granted reinstatement rights commensurate with the
Veterans Readjustment Assistance Act
ARTICLE 16
GRIEVANCES PROCEDURE
Section 1. Policy
It is the policy of the City to provide a just procedure for the presentation, consideration and disposition of
employee grievances. The purpose of this Article is to outline the procedure and to insure all employees that a
response to their grievance will be prompt and fair.
Section 2. Grievance - Defined
A grievance shall be any disagreement or dispute arising from the application, meaning or interpretation of the
conditions and policies and procedures set forth in these personnel rules.
Section 3. Purposes of the Grievance Procedure Policy
The purposes of the grievance procedure policy include but are not limited to the following:
(a) providing employees with a procedure by which their grievances can be considered promptly and
fairly,
(b) encouraging employees to express themselves about the conditions of work which affect them as
employees,
(c) promoting better understanding of the policies, practices and procedures which affect employees,
(d) increase the confidence that employees have that personnel actions are taken in accordance with
established fair and uniformed policies and procedures and
(e) increase the sense of responsibility which supervisors exercise in dealing with their employees.
Section 4 Grievance Procedure
When an employee has a grievance, the following successive steps are to be taken. The number of days for each
step should be considered the maximum number of working days unless otherwise provided and every effort
should be made to expedite the process. Time limits at any step however may be extended by mutual consent.
All documents used in this procedure policy must be dated and signed by the respondent and recipient.
The procedure policy for presentation, consideration and disposition of employee grievances is as follows:
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Exhibit A
(a) An employee with a grievance concerning rules defined by this personnel policy shall present the
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matter to his/her immediate supervisor within ten (10) working days of its occurrence with the objective
of resolving the matter informally. The employee may must present his/her grievance either orally or in
writing. The grievance shall identify the section of the Personnel Policy being grieved, why the employee
is disagreeing with the policy and the remedy the employee is seeking. The supervisor shall then attempt
to adjust the matter and give the employee an answer, either orally or in writing no later than three (3)
seven (7) working days after the grievance is presented. Before presentation to the employee, the
grievance and answer shall be reported to the supervisor's immediate superior Department Head and the
Human Resources Director.
(b) If the grievance is not resolved at Step 1 above, the employee may present the grievance, in writing,
to the head of his/her department within five (5) working days after the supervisor’s answer is given or
due. The Human Resources Director is to receive a copy of the written grievance as well. The grievance
shall identify the section of the Personnel Policy being grieved, why the employee is disagreeing with
the policy, the supervisor’s decision, why the employee disagrees with the supervisor’s answer and the
remedy the employee is seeking. The Department Head shall confer hold a meeting with the employee
regarding the grievance within three (3) seven (7) working days after the grievance is presented and shall
render a written decision within three (3) seven (7) working days after the conference meeting is held.
(c) If the grievance is not resolved in Step 2 above, the employee may present the written grievance to
the City Manager within five (5) working days after the Department Head's decision is rendered or due.
The Human Resources Director is to receive a copy of the written grievance as well. The City Manager
shall confer hold a meeting with the employee, and supervisor, Department Head, and the Human
Resources Director regarding the grievance within five (5) seven (7) working days after the grievance is
presented and shall submit his/her written decision to the employee within ten (10) working days after
the conference meeting is held. The City Manager's or appropriate City Official’s decision shall be final.
If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it
shall be considered settled on the basis of the City’s last answer. If the City does not provide a written response
to the grievance or appeal thereof within the specified time limits, the grievant may elect to treat the grievance
as denied at that step and immediately appeal the grievance to the next step in accordance with the procedure set
forth.
Any member of the Human Resources Department, except the Human Resources Director, will assist a non-
bargaining employee in preparing the grievance in writing. Bargaining employees shall seek assistance from
their labor union and follow the grievance procedure with their collective bargaining agreement.
The entire grievance procedure is subject to employee labor agreement, when applicable.
ARTICLE 17
EMPLOYEE BENEFITS
Section 1. Insurance Benefits
The City shall make group hospital, surgical, and health and prescription insurance, group life insurance,
accidental death and dismemberment insurance and off-the-job group accident and sickness available for full-
time regular employees. Refer to the applicable employee labor agreements for specific details.
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Exhibit A
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Group Hospital, Surgical and Health and Prescription: The City shall pay a portion of an employee’s health care
up to a specific amount. The City shall provide group hospital, surgical, and health and prescription insurance
coverage for employees and their families. The City pays 100% of each full-time regular employee’s individual
coverage and 75% of the cost of dependent coverage.
Effective July 1, 2012, the City will contribute 90.5% towards the total monthly insurance premium for full-time
regular employees with individual health and prescription insurance coverage. Effective July 1, 2013, the City
will contribute 85% towards the total monthly insurance premium for full-time regular employees with individual
health and prescription coverage.
Effective July 1, 2012, the City will contribute 85% towards the total monthly insurance premium for full-time
regular employees with dependent health and prescription coverage (child(ren), spouse and family).
Effective July 1, 2012, the City will contribute 85% towards the total monthly insurance premium for employees
retiring on or after July 1, 2012. This is regardless of the coverage level (employee only, child(ren), spouse or
family).
Employees who are promoted or transferred from a represented position to a non-represented position, shall
maintain his or her current level of health insurance cost sharing during active employment and subject to the
guidelines of the represented position collective bargaining agreement in retirement. Cost sharing and eligibility
is established by City Council, therefore cost sharing and guidelines for non-represented positions are subject to
change.
The above section is subject to employee labor agreement, when applicable.
Group Life: The City shall pay 50% of the cost of individual employee coverage for full-time regular employees.
The employee must pay the other 50%. The insurance shall provide coverage equal to twice an employee's annual
salary rounded to the next $1,000. Maximum coverage will be determined by the insurance policy.
Accidental Death and Dismemberment: The City shall pay 50% of the cost of individual employee coverage for
full-time regular employees. The employee must pay the other 50%. The insurance shall provide accidental
death insurance coverage equal to twice the employee's annual salary, rounded to the next $1,000, and accidental
dismemberment coverage based on a schedule. Maximum coverage will be determined by the insurance policy.
Off-the-Job Accident and Sickness: The City shall pay 50% of the cost of the individual employee coverage for
full-time regular employees. The employee must pay the other 50%. The insurance shall provide a weekly check
for covered benefits for up to 52 weeks for an off-the-job disability accident or sickness. Waiting period counts
toward the benefit period.
For employees who are represented by the Fraternal Order of Police (FOP) please see your employee labor
agreements for benefit begin date and waiting periods.
For all employees, with the exception of employees represented by the Fraternal Order of Police (FOP)t(T)he
following waiting periods and conditions apply:
Sickness: The employee is entitled to up to fifty-two (52) weeks of short-term disability coverage. There is an
initial waiting period of seven (7) calendar days following the onset of an illness. During this seven (7) day
period no benefits are paid. The seven (7) day waiting period counts towards the 52 weeks.
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Exhibit A
Off Duty Accident: There is no waiting period following an off duty accident. The employee is entitled to up
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to fifty-two (52) weeks of short-term disability payments.
Group life, accidental death and dismemberment, and off-the-job accident and sickness insurance policies are
managed by the insurance carrier. The insurance carrier is responsible for all decisions and management of the
plans.
Long-term Disability Insurance: The City shall pay 100% of the monthly premium for all full-time non-
bargaining employees.
Vision Insurance: The City shall pay 100% of the cost of vision insurance for the employee. Dependent coverage
is not available however the employee is financially responsible for the full premium for the dependents. The
plan shall provide for one eye exam every 24 months in addition to benefits for glasses or contact lenses.
Flexible Spending: The City shall pay the monthly service fee for a medical spending and/or dependent care
account. In addition, the City shall pay the monthly service fee for the debit card associated with the flexible
spending account.
In the case of each insurance benefit listed above, it shall be the employee's responsibility to activate the coverage
applicable.
If an employee is enrolled between or on the first and fifteenth of the month for any of the insurance coverages,
then his/her individual coverage shall be effective the first day of the following calendar month. If an employee
is enrolled between or on the sixteenth and the last day of the month, then his/her coverage shall be effective on
the first day of the calendar month following one (1) calendar month of employment. Dependent coverage must
be taken when the employee enrolls for individual coverage or it may be delayed by the insurance carrier.
Part-time regular employees hired prior to July 28, 2015 working twenty (20) or more hours per week shall be
eligible for the same coverages listed above. However, the City's share and the cost of the coverage shall be one-
half (1/2) that for full-time regular employees. For each coverage where the City pays the full cost or a portion
of the cost for full-time employees, the City will pay only one-half (1/2) of the same costs for eligible part-time
employees.
Part-time regular employees hired on or after July 28, 2015 working thirty (30) hours or more hours per week
shall be eligible for the same coverage listed above. However, the City’s share and the cost of the coverage shall
be one-half (1/2) that for full-time regular employees. For each coverage where the City pays the full cost or a
portion of the cost for full-time employees, the City will pay only one-half (1/2) of the same costs for eligible
part-time employees.
Part-time regular employees working less than twenty (20) hours per week shall not be eligible for the coverages
listed in this section.
Part-time regular employees hired prior to July 28, 2015 working less than twenty (20) hours per week and those
hired after July 28, 2015 working less than 30 hours shall not be eligible for the coverages listed in this section.
Temporary employees shall not be eligible for the coverages listed in this section.
Benefits end upon separation from service.
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Exhibit A
Section 2. Retirement Benefits
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The City shall make available to full-time regular employees working at least thirty-seven and a half (37.5) hours
per week a City Retirement Plan. All employees hired after July 1, 1991 shall be required as a condition of
employment to join a plan. Employees shall remain members until their employment with the City ceases. retires
or pass away. Pension benefits shall be provided through one of the following:
(a) Police Pension Plan (Sponsored either by the City of Dover or State of Delaware)
(b) General Employee Pension Plan (Plan closed on September 28, 2009)
(c) Defined Contribution Plan 401 Money Purchase Plan
The City shall provide group hospital, surgical, and health and prescription insurance coverage for retired
employees and their families. The City pays 100% of each retiree’s individual coverage and 75% of the cost of
dependent coverage. This applies to all retirees, unless otherwise specified in employee labor agreements.
Effective July 1, 2012, employees who retire on or after July 1, 2012, shall be responsible for 15% of the total
monthly health insurance premium for their plan of choice.
Effective July 27, 2009, Medicare Part B premium reimbursement was discontinued for non-bargaining
employees hired after that date. Employees hired on or before July 27, 2009 who were not previously entitled to
Medicare Part B premium reimbursement who were promoted or transferred to a non-bargaining position after
May 28, 2013 (Date of Adoption), shall not be entitled to the reimbursement.
The city will continue the practice of providing Medicare Part B premium reimbursement for non-bargaining
employees hired on or before July 27, 2009 and those eligible due to promotion or transfer to a non-bargaining
position on or before May 28, 2013 (Date of Adoption), with the understanding that it is not considered a vested
right and can be changed or eliminated by council at any time by ordinance or resolution enacted to that effect.
Please reference City of Dover Ordinance contained in Section 2-505 80-703 of Other Post Employment Benefit
Fund. Any changes made to the ordinance will supersede the language contained in the personnel policy.
Effective INSERT DATE in order to be eligible for retirement group hospital, surgical, health and prescription
insurance coverage, the employee must retire directly from the City with unreduced pension payments. To “retire
directly from the City” the employee’s first day of retirement eligibility must immediately proceed the
employee’s last day of employment.
The above section is subject to employee labor agreement, when applicable.
Section 3. Deferred Income 401 Money Purchase Plan
The City shall make available through its membership in the International City Management Association
Retirement Corporation (ICMA) and Public Employees Benefit Services Corporation (PEBSCO) deferred
compensation plans for regular employees whereby an individual can defer a portion of his/her current salary for
use at a predetermined retirement date. The City shall make contributions based upon employee labor
agreements when applicable. For regular full time non-bargaining employees the employee benefit shall be no
less than the highest contribution required by an employee labor agreement. Part-time regular employees may
contribute however there is no matching contribution from the City of Dover.
Each May, non-bargaining employees will have the opportunity to change their contribution to the 457 plan thus
effecting the City’s matching contribution to the 401 Money Purchase Plan. The change will be effective July 1
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Exhibit A
and irrevocable until the following July. Employee contributions cannot be below the required minimum
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percentage.
Moved uniforms to Article 8 Conditions of Employment
SECTION 4. UNIFORMS
The City shall provide uniforms for certain personnel. These employees shall be required to wear uniforms
so they will be easily identified as City employees while working on or near private property.
The employee is responsible for the uniforms. Therefore, the cost of avoidable damage or loss of uniforms
shall be paid by the employee. An employee will wear his/her uniform properly, will not allow them to be worn
by other individuals and will wear them only during working hours or to and from work. Upon separation from
employment, the employee shall return the uniforms to the City.
The above section is subject to employee labor agreement, when applicable.
SECTION 5. BLOOD BANK
The City shall make available to full-time regular employees and retirees the option of joining the Blood Bank
of Delaware group plan. This program provides protection for the employee/retiree and his/her dependents if
the need for blood arises. Under the group plan the employee/retire and his/her dependents are protected in all
50 states and Canada for an unlimited amount of blood.
Section 6. 4. Credit Union
The State of Delaware employs a Delaware Federal Credit Union which is a federally insured savings and loan
organization. All City employees shall be eligible to become a member subject to the requirements of the Credit
Union. Employees also have the option of becoming a member of the Dover Federal Credit Union.
Section 7. 5. Service Awards
The City shall provide a Service Award program to recognize employees for continuous and loyal service. All
regular employees, Employees who work thirty-seven and a half (37.5) or more hours per week part-time and
full-time, are eligible for the award.
Awards shall be presented to employees who have completed five, ten, fifteen, twenty, twenty-five and thirty
years of service. in five year increments.
Section 6. Police Chief and Police MajorI
The Police Chief and Police Major as of January 12, 2009, The Police Chief and Police Major shall follow the
benefits indicated in the Fraternal Order of Police (FOP) until such time as the current Police Chief and Police
Major no longer hold their current position. Thereafter, The Police Chief and Police Major will follow the
guidelines for benefits as indicated in the City of Dover Personnel Policy. In addition, they will be entitled to
uniforms, uniforms dry cleaned, professional liability insurance coverage and follow the police holiday schedule.
Approved by City Council on January 12, 2009.
ARTICLE 18
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Exhibit A
EDUCATIONAL ASSISTANCE
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Section 3 1. Educational Assistance
The City promotes continuing education if this education will better prepare the employee to do his/her job. An
employee is allowed to receive reimbursement for a maximum of three (3) courses per semester/quarter/block
of $7,500 per fiscal year. This benefit is available to an employee who has successfully completed his or her
initial probationary period of employment, with the exception of sworn police officers. Sworn police officers are
eligible upon completion of six months of employment.
To be eligible for this benefit an employee must have demonstrated during his/her full-time regular employment
with the City, prior to application, that his/her elementary and secondary public school training is education is
sufficient and adequate for extended study and training and that such informal education and training is
compatible and commensurate with the employee’s chosen extended study and training. Educational Assistance
is not available for remedial classes. The employee shall notify his or her supervisor during the normal budget
cycle of their request for educational funding. Failure to do so, will disqualify the employee until funds are
budgeted. Funding is only available to the limit requested during the budget cycle. Extenuating circumstances
will be considered.
The employee's selected major must be approved in writing and in advance by his/her Department Head and the
Human Resources Department. The selected courses of study must be helpful to the employee in his or her
present work and/or basic advancement within the City.
The City shall reimburse the employee for tuition, laboratory fees and books. Reimbursement will be the lower
of University of Delaware in-state rates for the level and type of course taken or the actual amounts paid for
tuition. Employees shall receive reimbursement based upon the following schedule:
Letter Reimbursement
Grade
Grade Percentage
A 90 to 100 100%
B 80 to 89 90%
C 70 to 79 80%
D or F 69 and under 0%
Receipts and official grade verification must be provided for reimbursement. Reimbursement will not be
provided for a class more than once.
The City shall reimburse the employee for books provided the City has the option of retaining the books if it so
desires.
An employee who takes advantage of this policy shall be required to complete at least two (2) continuous years
of employment with the City upon receiving reimbursement or shall have the amount of the reimbursement
deducted from his/her final pay check. If the employee’s final compensation is insufficient for full payment, a
payment agreement will be executed. This agreement shall not constitute an employment contract. No employee
shall be eligible for benefits under this policy if they are enrolled and receiving benefits under any other
Education Association Plan, such as the "G.I. Bill", financial aid, Law Enforcement Officers’ Educational
Reimbursement Program or etc. Benefits are to be sought through other sources prior to requesting
reimbursement from the City.
82
• 160
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Exhibit A
D
Item 12.
Any falsification of documents shall disqualify the employee from this benefit during their career with the City.
For complete details on the reimbursement process please contact the Human Resources Department.
ARTICLE 19
PERSONNEL RECORDS AND REPORTS
Section 1. Personnel Records Maintenance
Personnel records are necessary for proper administration of the personnel system and will be maintained by the
Human Resources Department. with the exception that The Police Chief will maintain files for sworn police
officers employed within the Police Department. The City shall maintain in personnel records only information
that is relevant to accomplishing personnel administrative purposes. Supervisors may keep working personnel
files but material not maintained in the Human Resources files or the files maintained by the Internal Affairs
division of the Police Department may not provide the basis for discipline against an employee.
The following minimum information on each City employee must be maintained but if it is determined and
intended by the City and the employee that his/her personnel file shall not be deemed a public record and is
exempt from disclosure according to the Freedom of Information Act (FOIA) 29 Del. C. § 10002(1)(1) which in
pertinent part states that the following shall not be deemed public records: “Any personnel, medical or pupil file,
the disclosure of which would constitute an invasion of personal privacy, under this legislation or under any
State or federal law as it relates to personal privacy.”:
(a) name,
(b) age,
(c) date of original employment or appointment to City service,
(d) current position title,
(e) current salary,
(f) date and amount of most recent change in salary,
(g) date of most recent promotion, demotion, transfer, suspension, separation or other change in position
classification and
(h) office to which the employee is currently assigned.
Section 2. Access to Personnel Records
Any person may have access to the information listed in Section 1 except for items e,f and g for the purpose of
inspection, examination and copy during regular business hours of the City. Access to such information shall
be governed by the following:
(a) All disclosure of records shall be accounted for by keeping a written record (except for authorized persons
processing personnel actions) of the following information: Name of the employee; information disclosed; date
information was requested; name and address of person to whom the disclosure is made; purpose for which the
information is requested. This information must be retained for two years.
(b) Upon request, records of disclosure shall be made available within a reasonable time to the employee to
whom it pertains.
83
• 161
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Exhibit A
D
Item 12.
(c) An individual examining a personnel record may copy the information. Any available photocopying facilities
may be provided and the cost may be assessed to the individual.
Upon request, within two (2) weeks of the request, an employee may review their personnel file. The employee
examining their personnel record may obtain a copy of the information contained within the file. Any available
photocopying facilities/printing may be provided and the cost may be assessed to the individual.
Section 3. Confidential Information
All information contained in a City employee's personnel file, other than the information listed in Section 1,
subparagraphs a, b, c, d and h of this Article shall be maintained as confidential and shall be open to public
inspection only in the following instances:
(a) The employee or his/her duly authorized agent may examine all portions of his or her personnel file,
except for letters of reference solicited prior to employment.
(b) A licensed physician designated in writing by the employee may examine the employee's medical
record.
(c) A City employee having supervisory authority over the employee may examine all material in the
employee's personnel file.
(d) By order of a court of competent jurisdiction, any person may examine all material in the employee's
personnel file.
(e) Each individual requesting access to confidential information will be required to submit satisfactory
proof of identity.
(f) A record shall be made of each disclosure and placed in the employee's file (except of Disclosure to
the employee and supervisor will not be record).
Section 4. Exceptions
Exceptions may be granted to Section 2 and 3 of this article upon determination by the City Solicitor or other
legal representative for the City of Dover that such exceptions are allowable under Chapter 100, Title 29 of the
Delaware Code (Freedom of Information Act). and are not in violation of personal privacy of the employee as
provided in FOIA 29 Del. C. § 10002(1)(1) since the City considers the personnel file of the employee as not
being a public record requiring disclosure which would constitute an invasion of personal privacy of the
employee.
Section 5. Records of Former Employees
Former employees are not permitted to review their personnel file. Employees who are laid off with a right of
reemployment or are on an authorized leave of absence are permitted to review the file.
Section 6. Remedies of Employee Objecting to Material in File
An employee who objects to material in his/her file may place in his file a statement relating to the material
he/she considers being inaccurate or misleading. The employee may seek the removal of such material in
accordance with established grievance procedures.
84
• 162
Page 163
Exhibit A
D
Item 12.
85
• 163
Page 164
D Item 13.
City of Dover
PROPOSED ORDINANCE #2021-26
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That a new Chapter 28 - Dawdling be created as follows:
4 Sec. 28-1. - Purpose.
5 The purpose of this Ordinance is to provide a safe environment for the People of the City of Dover,
6 Delaware by addressing serious quality of life issues.
7 Sec. 28-2. - Violations.
8 (a) It shall be unlawful for any person to stand or sit on any street or sidewalk in such a manner
9 as to obstruct the free passage of other persons using said street or sidewalk. It shall be
10 further unlawful to sit or stand in front of any store or shop entrance or display window in
11 such a manner as to obstruct the free passage of persons entering or leaving said store or
12 shop or to block the view of said display windows. It shall also be unlawful for any person,
13 between the hours of 11:00 p.m. and 5:00 a.m. to linger in a public parking lot in a parked
14 car, stand around, distribute substances, play loud music or public address without
15 permission or otherwise remain in a public parking lot for an unreasonable period of time
16 between 11:00 p. m. and 5:00 a. m., unless engaged in activity related to a valid business
17 purpose, vehicle rescue or the safety of any person . No violation shall be deemed to have
18 occurred unless and until a city police officer shall have requested the persons involved to
19 move on.
20 Failure to comply with such a request by an officer shall then constitute a violation.
21 (b) A person shall also be deemed to have committed a violation of this ordinance if he/she
22 loiters or dawdles or prowls in a place, at a time, or in a manner not usual for law-abiding
23 individuals under circumstances that warrant alarm for the safety of persons or property in
24 the vicinity. Among the circumstances which may be considered in determining whether
25 such alarm is warranted is the fact that the actor takes flight upon the appearance of a
26 policeman or refuses to identify himself or herself, aggressive panhandling, or harassment
27 of individuals. Unless flight by the actor or other circumstances make it impracticable, a
28 police officer shall, prior to any arrest for an offense under his section, afford the actor an
29 opportunity to dispel any alarm which would otherwise be warranted by requesting him to
30 identify himself and explain his presence and conduct. No person shall be convicted of an
31 offense under this section if the peace officer did not comply with the preceding sentence,
32 or it if appears at trial that the explanation given by the actor is true, and if believed by the
33 peace officer at the time, would have dispelled the alarm.
• 164
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Item 13.
DRAFT ORDINANCE #2021-26 PAGE 2
34 Sec. 28-3. - Penalties.
35 The penalties for violations of either Sec. 28-2. - Violations (a) or (b) shall be in accordance with
36 Appendix F - Fees and Fines. Fines not paid within 14 days of the day the fine was issued, including
37 the day the fine was issued, shall be automatically doubled in amount.
38 Sec. 28-4. - Repealing Provision.
39 This ordinance is not intended to replace nor conflict with any provisions with Delaware Code. This
40 ordinance shall replace any city loitering provision in the City of Dover Municipal code.
41 Sec. 28-5. - Severability.
42 Each of the provisions of this ordinance is severable, and if any provision shall be declared to be
43 invalid, the remaining provisions shall not be affected but shall remain in full force and effect.
44 BE IT FURTHER ORDAINED:
45 That Chapter 62 - Law Enforcement, Article II - Police Department, Section 62-38 - Police Cadet Program
46 of the Dover Code be amended by inserting the text indicated in bold, blue font and deleting the text
47 indicated in red strikeout as follows:
48 Sec. 62-38. Police cadet program.
49 (a) Created; purpose. Due to the continuing safety and security concerns expressed by
50 merchants, patrons, and residents, city council has authorized the police cadet program to
51 maintain a more visible presence in the City of Dover. The city manager and police chief
52 shall expand or contract the number of police cadets at their mutual discretion. The
53 objectives of the police cadet program are to:
54 (1) Allow merchants to build a rapport with the police cadets, allowing the police cadets
55 to understand their needs.
56 (2) Provide additional patrols to curb loitering, dawdling, alcohol violations and pan
57 handlers.
58 (3) Provide additional patrols to curb noise ordinance violations (loud music from
59 vehicles).
60 (4) Provide additional patrols to curb harassment complaints.
61 (5) Provide additional patrols in the Dover Public Library.
62 (6) Allow the police department to screen and vet the police cadets for future employment
63 as Dover Police Officers.
64 (7) Provide a feeling of safety to the downtown patrons, the downtown merchants, and the
65 residents of the City of Dover.
66 (b) Appointment. The chief of police shall assign the authorized number of duly qualified
165
•
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Item 13.
DRAFT ORDINANCE #2021-26 PAGE 3
67 individuals to the police cadet program. The cadets shall be civilian employees of the police
68 department and shall not be considered law-enforcement officers within the meaning of 11
69 Del. C. Ch. 92 - Law-Enforcement Officers' Bill of Rights.
70 (c) Authority. The police cadets shall have the authority to issue summonses for violations of
71 any ordinance of the City of Dover. The police cadets shall not have the authority to enforce
72 the Delaware Code or make arrests for violations of the Delaware Code.
73 (d) Oath. Every police cadet, before entering upon his or her duties, shall take an oath to
74 faithfully perform his or her duties.
75 (Code 1968, § 2-34; Code 1981, § 18-6; Ord. No. 2015-09, 6-8-2015 )
76 BE IT FURTHER ORDAINED:
77 That Chapter 74 - Parks and Recreation, Article I - In General, Section 74-11 - Loitering of the Dover Code
78 be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout
79 as follows:
80 Sec. 74-11. Loitering Reserved.
81 No person shall enter, remain or loiter in or around any comfort station or other public structure in a park
82 area, except to use such facility for the purpose for which it is intended.
83 (Ord. of 12-8-1975, § 2(21-8.14(d), 21-13(a)); Code 1981, § 15-11)
84 BE IT FURTHER ORDAINED:
85 That Appendix F - Fees and Fines be amended by inserting a new Chapter 28 - Dawdling, as follows:
86 Chapter 28. Dawdling Fees and Fines
87 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
88 shall be automatically doubled in amount.
89 Sec. 28-3 - Penalties
90 Violations of either Sec. 28-2. - Violations (a) or (b) Not less than $50.00 and not
more than $150.00 for
subsequent offenses.
91 ADOPTED: *
92 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-26 - DAWDLING\ORDINANCE #2021-26 - DAWDLING.wpd
• 166
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Item 13.
DRAFT ORDINANCE #2021-26 PAGE 4
93 SYNOPSIS
94 This ordinance addresses quality of life issues by protecting the ability of customers to enter
95 and exit public accommodations such as businesses, prevent public parking lots from
96 becoming late night nuisances, and allowing the ability to clear out suspected substances
97 distributors by providing a civil violation alternative.
98 (Sponsors: Anderson and Taylor)
99 Actions History
100 10/26/2021 - Scheduled for Introduction - Council Committee of the Whole/Safety Advisory and Transportation Committee
• 167
Page 168
D
Item 13.
Delaware Code - Title 11, CHAPTER 5. Specific Offenses, Subchapter VII. Offenses Against Public
Health, Order and Decency,
§ 1321. Loitering; violation.
A person is guilty of loitering when:
(1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or
(2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits
in a group or congregates with others on any pavement, sidewalk, crosswalk or doorstep, in any street
or way open to the public in this State so as to obstruct or hinder the free and convenient passage of
persons walking, riding or driving over or along such pavement, walk, street or way, and fails to make
way, remove or pass, after reasonable request from any person; or
(3) The person loiters or remains in or about a school building or grounds, not having reason or
relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason
for being there, unless the person has written permission from the principal; or
(4) The person loiters, remains or wanders about in a public place for the purpose of begging; or
(5) The person loiters or remains in a public place for the purpose of engaging or soliciting another
person to engage in sexual intercourse or deviate sexual intercourse; or
(6) The person loiters, congregates with others or prowls in a place at a time or in a manner not usual
for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property
in the vicinity, especially in light of the crime rate in the relevant area. Unless flight by the accused or
other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under
this paragraph, afford the accused an opportunity to dispel any alarm which would otherwise be
warranted, by requesting identification and an explanation of the person’s presence and conduct. No
person shall be convicted of an offense under this paragraph if the peace officer did not comply with the
preceding sentence, or if it appears that the explanation given by the accused was true and, if believed
by the peace officer at the time, would have dispelled the alarm.
Loitering is a violation.
11 Del. C. 1953, § 1321; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c.
113, § 1; 70 Del. Laws, c. 186, § 1;
• 168
Page 169
D
Item 15.
Downtown Dover Parking
r
Dover City Council
Committee
Downtown ofParking
Dover the Whole Meeting
1 October 26, 2021
October 2021
•
169
Page 170
Item 15.
Downtown Dover
Parking Management Plan
Table of Contents
1. Purpose
2. Value
3. Benefits
4. Schedule
5. Survey Results
6. On-Street Parking
7. Off-Street Parking
8. Hours of Operation
9. Parking Fees
r 10. Parking Facility Amenities
11. Parking Program 5-Year Pro Forma of Revenue &
Expenses
Downtown Dover Parking 2 October 2021
•
170
Page 171
~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Purpose:
The Downtown Dover Partnership (DDP) is seeking to
develop cost-effective and efficient solutions to
enhance parking capacity and capabilities throughout
the commercial core of the City of Dover that stimulate
community and economic development and improve
parking services, convenience and efficiency to parking
users in the downtown business area.
r
Downtown Dover Parking 3 October 2021
•
171
Page 172
~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Value:
Even with a modest parking fee structure, revenue
generated from a holistic parking solution will be
reinvested into the community – by addressing
projects/issues that will benefit merchants, residents and
property owners. Among these issues can be meeting
the future parking needs of a growing/redeveloping
Downtown Dover.
r
Downtown Dover Parking 4 October 2021
•
172
Page 173
~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Benefits:
Create more turnover and availability for customers,
visitors, and guests to Downtown Dover.
Customer friendly system for the parking lots with
monthly payment options.
User-friendly by combining “smart” technology and
cash/credit card options.
Reasonable user cost.
Amenities like Electrical Vehicle (EV) charging.
More effectively use of current capacity to extend the
time before a parking garage is required.
r
Downtown Dover Parking 5 October 2021
•
173
Page 174
~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Benefits:
Parking Benefits District:
Invest proceeds from the Downtown Parking program
back into improvements downtown as directed by the
DDP Parking Committee for items like streetscape,
lighting and safety enhancements.
r
Downtown Dover Parking 6 October 2021
•
174
Page 175
~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Project Schedule to Date
2008 DDP Parking Committee Formed
January 2018 Downtown Dover Parking Study Issued
DDP Parking Garage RFP Issued, Proposals Evaluated and Project
April-June 2019
determined to be too costly
DDP Issues RFI & Receives Responses for Holistic Solutions to
January 2020
Downtown Parking Management
Colonial Parking, Inc. is selected to partner with DDP on
June 2020
Downtown Parking Management Plan
DDP receives City of Dover authorization to include on-street
October 2020
parking in Downtown Parking Management Plan
DDP & Colonial Parking launch process to start development of a
November 2020
comprehensive Downtown Parking Management Plan.
April 2021 DDP & Colonial Parking conduct Survey
August 11, 2021 DDP & Colonial Parking host Public Meeting
r September 21, 2021
September 22, 2021
DDP & Colonial Parking host Second Public Meeting
DDP Board of Directors Approves Final Parking Plan
Downtown Dover Parking 7 October 2021
• 175
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~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Proposed Project Schedule Moving Forward
Dover City Council
October 26, 2021 Present Parking Management Plan
COW
Review Parking Program
November 17, 2021 DDP Parking Comm
Implementation Plan
r
Downtown Dover Parking 8 October 2021
•176
Page 177
Item 15.
Downtown Dover Parking ~ OWN TOW N
Management Plan ~~~YR~B
Survey Results
OVER ~
"Ml'o l.)Wh
Cul111il<11J
~
Ji l ~'-lt:.-111 !::!.
li=y ffrl.dlng, : QlJ llt~tt.<<!~,.e,.~tlofll~,rl....,-,eto~
CtS How /"iaw!i ','OIJ .-,p.:;all•, found ,..,. ln.~llffl•_er..,."'111£"",.."lln•M.,.._w-rt
i:icrklng e:..perie,ce tc be n Oc•.i..ntov., bfidlt<O<""-enlontw:01t11reea•eu,f .-eod!Nt ht• l,,:..1.~mne,I fm-111rs I
.!8,; ol ~ec,ple r1d pc tir",g Mcif poo::,!:! reCQ"T""le"IC" :i"'ors C"e:
Do·,~? Ir Dc-...rirc·.11r [)ov(lr•o :e pcJi'Y.0'1 .::clll:ltlffldltllWll.
---·--- ·-
e lr,e, "lei= con,,er er t Lo:X:1::.11!-'l""'I:,, Sultq•-SL'"!)I l'r' . . . r,/
Ihm! ,:rher caeas,. b..t n=I $tree! ar~.:ie Cnill'""'°'i ,\'T't-u·•.-;rvjnr,
·-·-------·
bod ror oao....rnow...,·· .:r $treeir,.
-..iconY"e'"llfJl1· and drfi =u I
10 'i'Xlpcrtir~ ~"
,~~!'111l0!1'
_ __
3. S.!1~ ?. .. 1.o..111;':
Or 1•, 12":: -=::·~,;iople~d A~ i'ill"llllA PM'1ng
Lol~lt<::1'11:KJ~ ,t lr~nltff;J'Ptr.1To?lnn
l,Xllb-Wlot..K,i :...awt1·M1
·--·--·-
,,:;od r: ::rknr.:a eorev1ines1
ar: eosyt::i f,d_- rt, "llle o
~,-,Ju 'lllrr:;Ct -:· p:;:opk: lo=-nll"tr" ,...,
..... _,.__..___ 'i N''1rr.Pn-tfnrl f.-,,1-fr-,
11~"/, l"'LP '"r-nr'" "l!l°'-, ~
C·'.YOOC
dek! 'H.'tr t: oor,:11q
Downlov,-.," ood 113'-i! ...it·, ~c;lgl,-iQnificor·r,
r rlpn-lnnB,r-n9i~,
"'199I L."'t5Cfe CJ"C:otne ma.
or: i:-:Jrk. Ol't¥"'°i•"
6 ::ril2[!'2 1 '5
Conclusions: Based on “What We Heard” from the 2021 Downtown Dover Parking
Survey we have determined the following:
Downtown Dover has a limited number of parking spaces and even with modest
activity due to the pandemic there appears to be a lack of parking.
As activity returns and new investment is made in Downtown Dover parking will
become even more scarce, making it important to manage these scarce resources.
Develop a comprehensive Parking Management Plan with the goal of creating more
efficient parking to implement when the recovery from the pandemic is more certain.
r Continue to engage the public in the development of the parking management
plan.
Downtown Dover Parking 9 October 2021
• 177
Page 178
Item 15.
Downtown Dover Parking ~ OWNTOWN
Management Plan ~~~YR~B
On-Street Parking
.
~
;i'!!
~
r.;
•
iii!!
:,
•
:
OGM'nDWn Bu ss Distnci. /
Do-."""""P-.,gP~
Baundary
r
r
.... - .... .•
(.:
I•
.. ,,. ~
~
p
.,.
~ Q
>
•
On-Street Parking Spaces
I '
p Loockerman Street 116-spaces
Governors Avenue 17-spaces
Bradford Street 33-spaces
;a,-~
State Street 32-spaces
Kings Highway 30-spaces
Reed Street 35-spaces
Total 263-spaces
r st Joo~ Rll/ef'
Downtown Dover Parking 10 October 2021
• 178
Page 179
--«,~l
Item 15.
Downtown Dover Parking DOWNTOWN
QVE Colonial
I
Management Plan PARTNERs B Parking
us
On-Street Parking Management
Develop the management plan including •••
•••
specifications for Multi-Space Meters to meet
the on-street parking needs of the
Downtown Dover parking program will be
finalized and sent out for bid from qualified
•••
payby
phone
vendors with features including:
• Pay-by-Plate
• Accept Cash & Credit Card Payments
• Interface with Parking Apps for Payment
• Integrated Parking Program Enforcement
Tools
• Solar Powered
r
Downtown Dover Parking 11 October 2021
• 179
Page 180
~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Off-Street Parking
Off-Street Parking Spaces
1. Bradford St Lot 112-spaces
2. Minor St Lot 8-spaces
3. Governors Ave Lot 100-spaces
4. Loockerman Way Lot 35-spaces
Subtotal 255-spaces
5. City Hall/Library Lot 140-spaces
Total 395-spaces
Downtown Dover Parking 12 October 2021
• 180
Page 181
~ovw~
Item 15.
Downtown Dover Parking
Management Plan ~ AR T NE RS
EHRIP
Off-Street Parking Management
MSM with a Manual “LOT FULL” Sign
An MSM has the ability to limit the
number of parking sessions and
determine when to stop selling
hourly parking. Enforcement staff
~'-OWN D
would turn a “LOT FULL” sign on o
0~ ~ 0~
M -P
and off based on physical lot Bradford Street Parking Lot
counts. Public Parking
Daily Pay at Meter
LOT FULL
Permit Parking Only
r This is a Self P
We are not re -. ark Facility
vehicles or losssgfo;~!ble for damage to
rcles left in veh·rcles
Managed by Colonial Parking (302)651-3600
Downtown Dover Parking 13 October 2021
• 181
Page 182
Item 15.
Downtown Dover Parking
Management Plan
Off-Street Permit Parking Management
Colonial Parking will issue a vehicle Apply 1D LOWW Ri!11
THIS SIDE
·
~:~ ~indahleld
credential that will be placed in the
windshield of Permit Customer’s
~ c:.-
olonial
vehicles.
~
Colonial enforcement staff will be I I
able to scan the barcoded
01111111
credential to confirm the credential is
valid for parking at the DDP Off-Street
Parking Facilities.
r
Downtown Dover Parking 14 October 2021
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~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Hours of Operation
Monday – Friday 10:00AM until 6:00PM
Unattended Saturday, Sunday & Holidays
The Hours of Operation are designed to allow for parking
without fee:
1. For deliveries to businesses in the morning (prior to 10:00AM),
2. For activities in the evenings, weekends & holidays,
r 3. For Downtown Residents who park in the evening and
overnight.
Downtown Dover Parking 15 October 2021
•183
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~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Parking Fees
$0.25 / 15-minutes
On-Street Parking ($1.00 / hour)
limit 2-hours
Transient (Daily)
Limited 1-Hour FREE
in designated spaces on
Governors Avenue Lot
Off-Street Parking (Lots) $1.00 / hour
$5.00 Daily Max.
Contract (Monthly)
$30.00/month
Downtown Dover Parking 16 October 2021
•
184
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~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Parking Facility Amenities -~
'1
Implement amenities in the Bradford j
Street Parking Lot now: ELECTRIC
• Electric Vehicle (EV) Charging VEHICLE
CHARGING
• Bicycle racks STATION
It.. .J
'- --- "-
r
Downtown Dover Parking 17 October 2021
• 185
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~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Parking Program 5-Year Pro Forma
Revenue Year 1 Year 2 Year 3 Year 4 Year 5
On-Street Revenue $ 241,434 $ 246,263 $ 251,188 $ 256,212 $ 261,336
Off-Street Contract Revenue 61,020 62,240 63,485 64,755 66,050
Off-Street Transient Revenue 55,080 56,182 57,305 58,451 59,620
Credit Card Fees (6,793) (6,795) (7,068) (7,209) (7,353)
Total Gross Revenue $ 350,741 $ 357,890 $ 364,910 $ 372,209 $ 379,653
Operating Expenses 199,668 202,663 205,702 208,788 211,920
Net Operating Income $ 151,074 $ 155,227 $ 159,208 $ 163,421 $ 167,733
Program Expenses
Debt Service 107,815 107,815 107,815 107,815 107,815
Capital Reserve (2%) 7,015 7,158 7,298 7,444 7,593
Real Estate Taxes - - - - -
Total Program Expenses $ 114,830 $ 114,973 $ 115,113 $ 115,259 $ 115,408
NOI After Debt + Reserve $ 36,243 $ 40,254 $ 44,094 $ 48,162 $ 52,325
Cumulative NOI After Debt + Res $ 36,243 $ 76,498 $ 120,592 $ 168,754 $ 221,079
r Assumptions:
See next page.
Downtown Dover Parking 18 October 2021
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~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Parking Program 5-Year Pro Forma
Assumptions:
On-Street Parking Revenue based on the 263-spaces identified in the footprint
of the parking program.
Off-Street Parking Revenue based on 255-spaces in Bradford St, Minor St,
Governors Ave & Loockerman Way Parking Lots with 70% (180) of spaces for
Permit Customers and 30% (75) for Hourly Customers.
Debt Service based on Total Investment required for implementation of the
parking program including the on-street parking meters and off-street parking
management (FULL) signs for a total of $476,100 funded over 5-years at 5.0%
interest.
r
Downtown Dover Parking 19 October 2021
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~ ovw~ER
Item 15.
Downtown Dover Parking
Management Plan ~ A R TN ERSHIP
Return to Normal Parking Operations
Monday, October 4, 2021
Off-Street Parking
• Parking fees will resume for the Bradford
St. Lot, Governor’s Ave. Lot and
Loockerman Way Lot.
• Parking charges will be collected through
the ParkMobile app in a pilot program.
• Daily parking fees - $1.00 per hour up to
$5.00 for all-day.
• Enforcement of monthly permits and
ParkMobile payments in the off-street lots
will resume.
On-Street Parking
• The existing 2-hour limit will be enforced
r by the city.
Downtown Dover Parking 20 October 2021
•
188
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~ ovw~ER
Item 15.
~ A R TN ERSHIP
Downtown Dover Parking
Management Plan
Questions?
r
Downtown Dover Parking 21 October 2021
•
189
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~ovw~ER
Item 15.
~ ARTN ERSHIP
Downtown Dover Parking
Management Plan
For additional information visit the
Downtown Dover Partnership
website at:
https://www.DowntownDoverPartnershi
r p.com/ddp/parking-downtown/
Downtown Dover Parking 22 October 2021
•
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D
Item 16.
Short Bio
Dr. Samuels-Leutzinger
October 13, 2021
Dr. Samuels-Leutzinger graduated with honors from Delaware State
University with a Bachelor of Science Degree in Biology.
She obtained a Master’s Degree in Public Health, with a concentration
in Global Health from The George Washington University in
Washington, D.C.
She attended Morehouse School of Medicine in Atlanta, GA and
completed her residency at St. Francis Healthcare Family Medicine
Residency and served as Co-Junior Medical Director.
She received the STFM Resident Teacher Award in 2020.
She practices full-spectrum family medicine and enjoys taking care of
patients in all ages and stages of life.
Her particular interests include women’s health/obstetrics, process
improvement, and health inequity.
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D
Item 16.
Short Bio
Reverend Rita Mishoe Paige
March 6, 2021
Pastor of New Beginnings Community AME Church, Frederica, DE
June 2019-Present
Pastor Star Hill AME Church, 2005-2019
Ordained Itinerant Deacon, DE Conf. AME Church: March 2005
Ordained Itinerant Elder, DE Conf. AME Church: March 2009
Member DE Conference Board of Examiners
President Dover District Dover District AME Board of Christian
Education Chair. 2020-present
Dover Strong Board President Sept. 2021- present
Member, United Church Ministries
State of DE COVID-19 Vaccine Sub-Committee
Worked with State of DE to initiate COVID testing at Churches,
especially Black Churches
Kent County COVID Vaccine Coalition Chair for ensuring that
Black/Brown and Latino Americans are vaccinated
Delaware Faith Registrars Coordinator (voter registration)
Advisor for Women, Children, Transformational Ministries
International
Part time employee at Bennie Smith Funeral Home
Member of Delta Sigma Theta Sorority, Inc.
Interdenominational Ministerial Alliance (IMA) Social Action Chair.
Central Delaware Branch NAACP, member (former Vice-president)
Dover Educational and Community Center, president of the Board of
Directors
City of Dover Human Relations Commissioner
Retired Social Worker/Case Manager Supervisor, Delaware State
Housing Authority
State of Delaware 2020 Census Governor’s Complete Count
Commission-representing the Faith Based Community
State of Delaware Governor’s women’s Work Force Policy Council
member
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D
Item 16.
State of Delaware Pandemic Resurgence Advisory Committee member
State Branch NAACP COVID-19 Co-chair
State Branch NAACP Chair of Women in NAACP
On call Chaplain Bay Health Hospital
Chaplain Delaware State University Police Department
Community Policing and Engagement Subcommittee of the Law
Enforcement Accountability Task Force
Former IMA MLK Chair- 3 streets renamed after MLK in 2012
Former Heaven 1600 on air Gospel Radio Personality
2009 M.Div. Degree from Lutheran Theological Seminary in
Philadelphia
1981 BA Degree Broadcast Journalism from Howard University,
Washington
Married to James E. Paige, Sr. Two sons: James E. Paige, Jr., and
Kyheen Page Weaver and One daughter & son in law: Jatia and Artis
Nickerson; Three Granddaughters: Jamylah Pritchett, Jaliyah
Nickerson and McKenzie Nickerson
Daughter of the Late Dr. Luna I. and Hattie B. Mishoe
3 siblings: Bernellyn Mishoe Carey, Luna I. Mishoe II., Dr. Wilma
Mishoe
• 193