Attachment

ATTACHMENT #1 LF&A Committee Meeting of 02/23/2009 City of Dover MAYOR AND COUNCIL 1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2009-06 2 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 3 MET: 4 That the 2005 Charter Review Committee and the City of Dover Legislative, Finance, and 5 Administration Committee have conducted a thorough review of the City of Dover Charter and have 6 recommended amendments; and 7 BE IT FURTHER RESOLVED that the recommendations have been considered by the City Council, 8 which has determined that Article I. Powers of the City, Article II. Mayor and Council, Article III - 9 City Manager, and Article IV - Financial Affairs of the Charter of the City of Dover should be 10 amended; and 11 BE IT FURTHER RESOLVED THAT the General Assembly of the State of Delaware is hereby 12 respectfully requested to amend the Charter of the City of Dover. 13 ADOPTED: * 14 15 KENNETH L. HOGAN CARLETON E. CAREY, SR. 16 COUNCIL PRESIDENT MAYOR 17 SYNOPSIS 18 This amendment would codify the 2005 Charter Review Committee 19 and Legislative, Finance, and Administration Committee 20 recommendations, as approved by City Council. 21 Actions History 22 Mar 9, 2009 - Introduced at City Council P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 2 23 March 9, 2009 24 Sponsor: 25 House of Representatives 26 145th General Assembly 27 House Bill No. 28 AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER 29 BEING CHAPTER 175, VOLUME 75 OF THE LAWS OF 30 DELAWARE, AS AMENDED, REGARDING GENERAL 31 PROVISIONS 32 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE 33 (Two-thirds of all members elected to each House concurring therein): 34 Section 1. Amend Chapter 175, Volume 75, Laws of Delaware, by inserting a new preamble, 35 which amendment if adopted by the General Assembly would be as follows: 36 PREAMBLE 37 We the people of the City of Dover, under the constitution and laws of the state of 38 Delaware, in order to secure the benefits of local self-government and to provide for 39 an honest and accountable council-manager government do hereby adopt this charter 40 and confer upon the city the following powers, subject to the following restrictions, 41 and prescribed by the following procedures and governmental structure. By this 42 action, we secure the benefits of home rule and affirm the values of representative 43 democracy, professional management, strong political leadership, citizen 44 participation, and regional cooperation. 45 Section 2. Amend Article I by deleting it in its entirety and inserting in lieu thereof the 46 following: 47 ARTICLE I. POWERS OF THE CITY 48 Sec. 1.01. Powers of the City. 49 In addition to the powers specifically enumerated by statutes in Title 22 of the Delaware 50 Code and elsewhere, the City of Dover shall assume and have all powers which under the 51 Constitution of the State it would be competent for the General Assembly to grant by specific 52 enumeration, and which are not denied by statute. 53 Sec. 1.02. Construction. 54 The powers of the city under this charter shall be construed liberally in favor of the city, and 55 the specific mention of particular powers in the charter shall not be construed as limiting in 56 any way the general power granted in this article.

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 3 57 Sec. 1.03. Intergovernmental Relations. 58 The city may participate by contract or otherwise with any governmental entity of this state 59 or of the United States in the performance of any activity which one or more of such entities 60 has the authority to undertake. 61 Sec. 1.04. Municipal corporation continued; boundaries. 62 63 The municipal corporation of the State of Delaware, known as "the City of Dover" shall 64 continue to be a body politic and corporate. The boundaries of the City of Dover are hereby 65 established and declared as recorded on the official map of record in the Recorder of Deeds 66 Office in and for Kent County and State of Delaware as presently existing and as hereinafter 67 amended. 68 69 Sec. 1.05. Procedure to extend boundaries. 70 71 The City Council shall have the authority to annex any parcel(s) contiguous to the City by 72 complying with the provisions of Title 22, Chapter 1, Section 101 (22 Del. C. § 101). 73 74 Sec. 2. Status, general corporate powers, specific provisions for condemnation of 75 property. 76 77 The inhabitants of the City of Dover within the boundaries defined in section 1.04 of this 78 Charter, or within the boundaries hereafter established, shall continue to be a body politic 79 and corporate, by the name of "the City of Dover," and under that name shall have perpetual 80 succession; may have and use a corporate seal; may sue and be sued; may hold and acquire 81 by purchase, gift, devise, lease or condemnation, real property and personal property within 82 or without its boundaries for any municipal purpose, in fee simple or lesser estate or interest, 83 and may sell, lease, hold, manage, and control such property as its interest may require; and 84 shall have all other powers and functions requisite or appropriate for the government of the 85 city, its peace and order, its sanitation, appearance and beauty, the health, safety, 86 convenience, comfort and well-being of its population, and the protection and preservation 87 of property, public and private. 88 89 Whenever it shall be necessary for any municipal purpose to condemn any real property or 90 personal property under this Charter, except as is herein otherwise specifically provided, the 91 council must follow applicable state law. 92 Sec. 3. Employee pension, benefit and retirement systems authorized. 93 94 The City of Dover is hereby authorized, empowered and permitted to establish a system of 95 pensions or benefits through group insurance or otherwise as may be found proper and 96 necessary, providing for life, accident, health, hospitalization and death benefits, or any or 97 either of them, for the regular employees of the said "City of Dover." The said "City of 98 Dover" is hereby authorized, empowered and permitted to enter into an agreement or 99 agreements with one or more insurance companies to provide a group insurance plan or 100 plans, as may be required or proper to carry out such system of pensions or benefits. The 101 election to exercise such authority on the part of the city shall be evidenced by an ordinance

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 4 102 or resolution duly adopted by the council of the City of Dover as other ordinances or 103 resolutions are adopted, and the same shall be recorded in the official minutes of the said 104 council. Such ordinance or resolution shall provide for and establish a fund for the payment 105 of the costs of such pension system or benefits by making appropriations out of the treasury 106 of the said "City of Dover," or by requiring contributions payable from time to time by the 107 employees included in such plan or plans, or by a combination of both, or by any other 108 method not prohibited by law. The participation in any plan adopted shall be deemed to be 109 mandatory by the City of Dover and made a condition of employment and continuing 110 employment. 111 The city council shall have power to enact ordinances for a pension or retirement system for 112 the police of the City of Dover, and to set aside a special fund for that purpose which fund 113 shall be administered in accordance with ordinances made and provided in that behalf and 114 the laws of the State of Delaware. 115 Notwithstanding any statute to the contrary, the City of Dover shall have the power by 116 ordinance to impose and collect a tax, to be paid by the transferor or transferee as determined 117 by council, upon the transfer of real property within the city not to exceed one and one-half 118 percent or as amended by state law of the value of the real property as represented by the 119 document transferring the property. The provisions of Section 5401 and Section 5403 of 120 Chapter 54, Title 30 of the Delaware Code (30 Del. C. §§ 5401, 5403) shall apply with 121 respect to any realty transfer tax imposed by the City of Dover pursuant to the authority 122 granted herein. The council of the City of Dover may adopt an ordinance or ordinances to 123 provide for the effective administration and regulation of any tax adopted pursuant to the 124 authority conferred herein. If the taxing power and authority granted herein shall be exercised 125 by way of a stamp affixed to a document, the recorder of deeds in and for Kent County shall 126 not receive for record documents subject to said tax unless stamps provided by the City of 127 Dover are affixed thereto showing payment of the tax. 128 Section 3. Amend Article II by deleting Sec. 4 through Sec. 6 in their entirety and inserting 129 in lieu thereof the following: 130 ARTICLE II. MAYOR AND COUNCIL 131 132 Sec. 4. General Powers and Duties. 133 All powers of the city shall be vested in the city council, except as otherwise provided by law 134 or this charter, and the council shall provide for the exercise thereof and for the performance 135 of all duties and obligations imposed on the city by law. 136 137 Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen; 138 qualifications. 139 140 The council shall be the legislative body of the city and composed of nine members 141 nominated and elected as herein provided. 142 143 In order that the members of council shall be distributed over the city, the city shall be 144 divided into four election districts, the district boundaries of which shall he established by

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 5 145 council so that the districts are nearly equal in population as shown by the most recent federal 146 decennial census. The district boundaries established for municipal elections shall continue 147 in effect until the next succeeding federal decennial census is made available for use by 148 municipalities in the State of Delaware, at which time council shall redistrict the city so that 149 the districts shall be nearly equal in population in accordance with said census, which 150 redistricting shall be used for the next regular municipal election, which procedure shall be 151 followed by council after each succeeding federal decennial census in this manner so that the 152 districts shall be maintained as nearly equal in population as possible at all times. 153 The term of mayor shall be for a period of two years commencing on the second Monday in 154 May following their election and continuing for a term of two years until the second Monday 155 in May or until their successor has been duly elected and qualified. 156 The term of the councilmen shall be for two years. In each regular municipal election held 157 in an odd numbered year, five councilmen shall be elected, four by district voting being from 158 the districts and one at-large as stated herein. In each regular municipal election held in an 159 even numbered year, four councilmen shall be elected by district voting from each of the 160 districts of the city. 161 In order to be eligible to be elected as mayor or as a member of council, the person must as 162 of the date of the election be: 163 (1) A citizen of the United States and of the State of Delaware; 164 (2) A resident of the city and having continuously resided therein or in an area annexed 165 to the city during the two years next preceding the day of the election; 166 (3) A resident of the election district from which they are seeking election, unless they 167 are seeking election as an at-large councilman or mayor; 168 (4) Eighteen years of age; and 169 (5) Nominated therefore, as hereinafter provided. 170 Holding Other Office. Except where authorized by law, no council members shall hold any 171 other elected public office during the term for which the member was elected to the council. 172 No council member shall hold any other city office or employment during the term for which 173 the member was elected to the council. No former council members shall hold any 174 compensated appointive office or employment with the city until one year after the expiration 175 of the term for which the member was elected to the council, unless granted a waiver by the 176 Board of Ethics (Ethics Commission). 177 If a councilman files and runs for mayor, whether or not they are elected to said office, the 178 term as councilman shall automatically expire on the second Monday of May on the year of 179 the election; and if they have a year remaining on their term, then their office as councilman 180 shall he filled at the same annual election in which they have filed to run for the office of 181 mayor. 182 Sec. 6. Municipal election; dates, time, and place of elections. 183 Regular municipal elections shall be held each year on the third Tuesday in April. All other 184 municipal elections that may be held shall be known as special municipal elections. At each

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 6 185 such municipal election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The 186 council may designate the places of election and make all necessary rules and regulations not 187 inconsistent with this Charter or with other laws of the State of Delaware for the conduct of 188 elections, for the prevention of fraud in elections, and for the recount of ballots in case of 189 doubt or fraud. At the regular municipal election held on the third Tuesday in April of any 190 odd numbered year, five councilmen shall be elected for a term of two years, four of whom 191 shall be elected by district voting from each of the districts as designated by council and one 192 of whom shall be elected by at-large voting by all voters of the city, as provided in section 193 5 of this Charter. At the regular municipal election held on the third Tuesday in April of any 194 even numbered year, four (4) councilmen shall be elected by district voting from each of the 195 districts as designated by council for a term of two years, and a mayor shall be elected by the 196 voters of the city for a term of two years, as provided in section 5 of this Charter. 197 Section 4. Amend the first paragraph of Article II, Sec. 7 by deleting “4:00" p.m. and 198 inserting in lieu thereof “4:30" p.m. to read as follows: 199 Sec. 7. Nomination petitions for candidates for council and mayor. 200 201 The mode of nomination of candidates for the council and for mayor shall be by petition, 202 signed by not less than ten nor more than 25 electors of the city, filed with the clerk of 203 council on or before 4:30 p.m. on the second Friday of February of each year for candidates 204 for council and on or before 4:30 p.m. on the last working day in January for candidates for 205 mayor in the years when a mayor is to be elected. Should the second Friday of February fall 206 on a legal holiday, the filing date shall he 4:30 p.m. on the next working day thereafter which 207 is not a legal holiday. 208 Section 5. Amend Article II, Sec. 8 by deleting it in its entirety and inserting in lieu thereof 209 the following: 210 Sec. 8. Election board; counting of votes; determination of winners; tie votes; persons 211 eligible to vote; voter registration; official ballots and voting machines; absentee 212 ballots. 213 214 There is hereby created an election board which shall be a non-elected body to oversee the 215 municipal elections, as well as to serve as an advisory board to Council on such matters as 216 voter registration, municipal elections, election rules and regulations, and polling locations 217 for City elections. The board shall be composed of five (5) members, serving three (3) years 218 terms, to be appointed by the Mayor and confirmed by council at the Annual Meeting, or as 219 necessary to fill vacancies as they occur. One member shall be appointed from each district 220 into which the city has been divided for election purposes, and one member shall be 221 appointed on an at-large basis. The City Clerk shall serve as a liaison member of the board. 222 Upon expiration of the term of appointment, a member shall serve until his/her successor has 223 been duly appointed. If a vacancy occurs during the term of any member of the election 224 board, a person residing in the same numbered district shall be appointed to fill the remainder 225 of said term. Members serve without salary, but shall be paid a per diem allowance as 226 specified by City ordinances. 227 228 To be eligible for appointment to the election board, each prospective member shall be a

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 7 229 citizen of the United States, a registered voter within the City, and have resided within the 230 geographical boundaries of the City for one year preceding the appointment. The Mayor and 231 members of Council, their parents, spouse, or children, shall not be eligible for appointment 232 to the election board. 233 234 All elections shall be held by the election board. The City Clerk may designate such other 235 persons as he shall deem necessary to assist the members of the election board in the conduct 236 of the election and counting of the ballots. Should any or all of the members of the election 237 board be absent from the place of election at 7:00 a.m. on the day of the election or fail or 238 neglect to act in the conduct of such election during the time the polls are open and until the 239 ballots are counted and the results of the election certified, the voters of the city present at 240 such time may choose from the qualified voters of the city such person or persons as shall 241 he necessary to fill places made vacant by the absence or neglect aforesaid. 242 When the polls are closed, the election board shall publicly count the votes and shall certify 243 the results of the election to each of the persons selected and to the council. The candidate 244 for the office of mayor who receives the highest number of votes cast for that office shall be 245 declared to be elected mayor; the candidate for the office of at-large councilman who 246 receives the highest number of votes cast for that office shall be declared to be elected 247 at-large councilman; and the candidates for the offices of councilmen from each district who 248 receive the highest number of votes cast by voters who reside in that district and cast votes 249 for councilmen of that district shall be declared to be elected to that office. In the event of 250 a tie vote for any office, a special election for said office(s) only shall be held within 30 days 251 and the registration books shall remain closed until the outcome of the special election is 252 determined. 253 Every resident of the City of Dover who shall have reached the age of 18 years by the time 254 of the election and who is properly registered to vote shall be entitled to vote at all regular 255 or special municipal elections. A voter will be considered properly registered to vote if they 256 are properly registered to vote for state elections in accordance with Title 15 of the Delaware 257 Code as amended. 258 The council shall provide for the use of voting machines in all regular and special municipal 259 elections in conformity with Title 15 of the Delaware Code by ordinance duly adopted by 260 council. Voting machines shall be used in accordance with Title 15 of the Delaware Code 261 and by ordinance duly adopted by council. The names of the candidates for each office shall 262 be listed in alphabetical order on the voting machines under the name of the office to which 263 they seek election. The voters shall designate their choice of candidates in accordance with 264 the regular method of operation of voting machines. The council may provide sample ballots 265 plainly marked as such and printed on paper of any color except white to be distributed to 266 any voter or candidate who requests them prior to or during the election. 267 Any qualified voter, duly registered, who shall be unable to appear to cast their ballot at any 268 election either because of being in the public service of the United States or of this state, or 269 because they will be unavoidably absent from the city on the day of the election, or because 270 of his sickness or physical disability may cast a ballot at such election by absentee ballot to 271 be counted in the total of such election. The council may provide the rules and regulations 272 for such absentee voting by ordinance for all elections.

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 8 273 Section 6. Amend Article II, Sec. 10 by deleting it in its entirety and inserting in lieu thereof 274 the following: 275 Sec. 10. Meetings of mayor and council--Procedure. 276 Five of the members elected to the council shall constitute a quorum to do business, but a 277 less number may adjourn from time to time and may compel the attendance of absent 278 members in such manner and under such penalties as may be prescribed by ordinance. 279 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the 280 affirmative vote of a majority of the members elected to the council, and (2) the written 281 approval of the mayor, or the vice-mayor in those cases where the vice-mayor is authorized 282 to act as mayor as provided in section 15 hereof, provided that in the absence of such 283 approval by the mayor, or the vice-mayor as the case may be, the council may, after not less 284 than seven days nor more than 35 days after the prior vote, pass or adopt the said ordinance, 285 resolution, motion or order which did not receive the approval of the mayor, or the 286 vice-mayor, by the affirmative vote of two-thirds of the members elected to council. 287 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the 288 duty of the mayor, or the vice-mayor, to signify his/her approval or disapproval thereof in 289 writing to the clerk of the council within seven days thereafter. The clerk of the council shall 290 forthwith notify the members of the council of such approval or disapproval. 291 Motions to adjourn meetings of council and orders to compel the attendance of absent 292 members shall not require the approval of the mayor or vice-mayor. 293 A councilman shall abstain from voting on a matter that he feels would involve the 294 consideration of his own official conduct, on a matter in which he has a financial interest, in 295 a matter in which he has a conflict of interest or in accordance with a policy adopted by 296 council. 297 The yeas and nays shall be taken upon the passage of every ordinance and resolution and 298 entered together with the text of the ordinance or resolution upon the journal of the 299 proceedings of the council. The journal shall be deemed conclusive evidence of the facts 300 stated therein except in the case of fraud. 301 The city council may adopt any standard code of technical regulations by reference thereto 302 in an adopting ordinance. The procedure and requirements governing such an adopting 303 ordinance shall be as prescribed for ordinances generally except that: 304 (1) The requirements for distribution and filing of copies of the ordinance shall be 305 construed to include copies of the code of technical regulations as well as of the 306 adopting ordinance, and 307 (2) A copy of each adopted code of technical regulations as well as of the adopting 308 ordinance shall be authenticated and recorded by the city clerk.

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 9 309 Copies of any adopted code of technical regulations shall be made available by the city clerk 310 for distribution or for purchase at a reasonable price. 311 Section 7. Amend Article II, Sec. 12, Sec. 13, and Sec. 16 by deleting them in their entirety 312 and inserting in lieu thereof the following: 313 Sec. 12. Compensation; Expenses–Mayor, council members, and other elected or 314 appointed officials. 315 The city council shall determine the annual salary and emoluments of the mayor, council 316 members, and other elected or appointed officials by ordinance, but no ordinance increasing 317 the salary of the mayor or city council members shall become effective until the date of 318 commencement of the terms of the mayor or council members elected at the next regular 319 election. The mayor and council members shall receive their actual and necessary expenses 320 incurred in the performance of their duties of office. 321 Sec. 13. Vacancies; forfeiture of Office; Filling of Vacancies 322 (a) Vacancies. The office of a council member shall become vacant upon the member's 323 death, resignation, or removal from office or forfeiture of office in any manner authorized 324 by law. 325 (b) Forfeiture of Office. A council member shall forfeit that office if the council 326 member: 327 (1) Fails to meet the residency requirements, 328 (2) Violates any express prohibition of this charter, 329 (3) Is convicted of a crime involving moral turpitude, or 330 (4) Fails to attend three consecutive regular meetings of the council without being 331 excused by the council. 332 In the case of any such vacancy or of any vacancy created by death, resignation or otherwise 333 for which said vacancy shall be less than six months in duration, the office shall remain 334 vacant. If such vacancy should be in excess of six months in duration, a special election shall 335 be held to fill such vacancy, this special election to be held no sooner than 30 days from the 336 date of the vacancy, but said special election to be held no later than 60 days after the date 337 of the vacancy. If council fails to call for a Special Election, the Special Election shall be 338 called by the Election Board. 339 Sec. 16. City Clerk 340 The city council shall appoint an officer of the city who shall have the title of city clerk. The 341 city clerk shall give notice of council meetings to its members and the public, keep the 342 journal of its proceedings and perform such other duties as are assigned by this charter or 343 ordinance or by the council or by state law.

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 10 344 Section 8. Amend Article II, Sec. 17 by replacing “City treasurer” with 345 “Controller/treasurer” throughout, to read as follows: 346 Sec. 17. Controller/treasurer. 347 At the annual meeting the council shall elect a controller/treasurer to hold office until the 348 next annual meeting of the council, or until his/her successor has been duly chosen and 349 qualified, but subject to removal at any time by the council. 350 The controller/treasurer shall be the custodian of all the city funds and shall deposit them in 351 a banking institution designated by the council. 352 Section 9. Amend Article II, Sec. 18 by deleting "provided that no fine or penalty shall 353 exceed the sum of $1,000.00;" and inserting in lieu thereof "as penalties will be provided by the 354 Code", to read as follows: 355 Sec. 18. Ordinances authorized; maximum penalty for violation. 356 The council is hereby vested with the authority to adopt ordinances of every kind relating to 357 any subject coming within the powers and functions of the city, or relating to the government 358 of the city, its peace and order, its sanitation, appearance and beauty, the health, safety, 359 convenience and comfort of its population, and the protection and preservation of property, 360 and to fix and impose and enforce the payment of fines and penalties for the violation of any 361 such ordinance; as penalties will be provided by the Code and no provision in this Charter 362 as to ordinances on any particular subject shall be deemed or held to he restrictive of the 363 power to adopt ordinances on any subject not specifically enumerated. 364 Section 10. Amend Article III, Sec. 35,Sec. 36, and Sec. 39 by deleting them in their entirety 365 and inserting in lieu thereof the following: 366 ARTICLE III. CITY MANAGER 367 Sec. 35. Appointments and Removals. 368 Neither the city council nor any of its members shall in any manner control or demand the 369 appointment or removal of any city administrative officer or employee whom the city 370 manager or any subordinate of the city manager is empowered to appoint, but the council 371 may express its views and fully and freely discuss with the city manager anything pertaining 372 to appointment and removal of such officers and employees. The city administrative officers 373 and employees can be assured of due process in accordance with 19 Del. C. 374 Sec. 36. Interference with Administration. 375 Except for the purpose of inquiries, and investigations by council under Sec. 39, the council 376 or its members shall deal with city officers and employees who are subject to the direction 377 and supervision of the city manager solely through the city manager, and neither the council 378 nor its members shall give orders to any such officer or employee, either publicly or 379 privately.

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 11 380 Sec. 39. Investigations 381 The city council may make investigations into the affairs of the city and the conduct of any 382 city department, office, officer, employee, or agency and for this purpose may subpoena 383 witnesses, administer oaths, take testimony, and require the production of evidence. Failure 384 or refusal to obey a lawful order issued in the exercise of these powers by the council shall 385 be a Class A misdemeanor punishable by existing State Law. 386 Section 11. Amend Article III, Sec. 40 by replacing "City treasurer" with 387 "Controller/treasurer" throughout, to read as follows: 388 Sec. 40. Other functions of city manager. 389 The city manager shall have charge of the light and water plant operated by the city, and of 390 the light and water and sewer systems of the city. The city manager shall have charge of the 391 supervision of the streets, gutters, curbs and sidewalks of the city and of all work relating 392 thereto. The city manager shall have charge of the administration of all provisions of this 393 Charter and ordinances and regulations of the council relating to affairs of the city, when not 394 otherwise provided for by this Charter or by any ordinance or resolution of the council. The 395 city manager shall ex officio be the collector of taxes for the city. It shall be his/her duty to 396 collect all water rents and fees for the tapping of water mains and sewers, all charges for 397 electric current and all city revenue from any source whatsoever. The city manager shall pay 398 over to the controller/treasurer at least monthly, and oftener if required by council, all 399 moneys received or collected by him/her and by any employee under him/her. 400 The city manager shall keep a full and strict account of all moneys received and all transfers 401 made by him/her to the controller/treasurer and such accounts shall be at all times open to 402 inspection by the council. The city manager shall make such reports and at such times as the 403 council shall direct. 404 Section 12. Amend Article IV, Sec. 42, Sec. 45, Sec. 46 by replacing "City treasurer" with 405 "Controller/treasurer" throughout, to read as follows: 406 ARTICLE IV. FINANCIAL AFFAIRS 407 408 Sec. 42. Signing of warrants. 409 410 The controller/treasurer shall pay out no money except upon warrant signed by the city 411 manager and countersigned by the mayor. 412 413 The mayor and the city manager shall sign no warrants on the controller/treasurer except 414 pursuant to appropriations or resolutions theretofore made by the council. 415 The controller/treasurer shall keep a true and detailed account of all moneys received and of 416 all moneys paid out by him/her. The controller/treasurer shall preserve all vouchers for 417 moneys paid by him/her. His/her books and accounts shall at all times be open to inspection 418 by the council or the mayor or the city manager.

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 12 419 420 The controller/treasurer shall make such reports and at such times as the council may direct. 421 The controller/treasurer shall be required to give bond in such amount and in such form and 422 with such surety as the council shall determine or approve. 423 Sec. 45. Payment of claims; issuance of warrants after approval of city manager; 424 reports by manager thereon to council. 425 426 No claim against the city shall be paid except on an order on the controller/treasurer, signed 427 by the city manager, and approved and countersigned by the mayor. The city manager shall 428 examine all payrolls, bills and other claims and demands against the city and shall issue no 429 warrant for payment, unless he/she finds that the claim is proper and in proper form and 430 correctly computed. 431 432 Sec. 46. Annual audit. 433 434 Annually in the month of July the council shall have the finances of the city and the books 435 and accounts of the city manager and the controller/treasurer audited by a certified 436 accountant. 437 438 As soon as practicable after such audit has been completed, the council shall cause to be 439 made and published a report of the city's finances for the preceding fiscal year. 440 Section 13. Amend Article IV, Sec. 47 and Sec. 49A by deleting them in their entirety and 441 inserting in lieu thereof the following: 442 Sec. 47. General assessment; levy on utility property. 443 The City shall cause to be made a true, just, and impartial valuation and assessment 444 of all real property within the city, locating each parcel of real property by street and 445 number or other description. The valuation and assessment shall be made every three 446 years by an assessor or assessors who shall be elected by the Council at its annual 447 meeting by majority vote thereof. Before entering upon the duties of office, an 448 assessor shall be sworn or affirmed by the Mayor to perform the duties of the 449 assessor's office with fidelity and without favor or partiality. 450 Whenever Council shall direct, as set forth in the City Ordinance Section 102-1, all 451 real property in the City of Dover shall be assessed by an outside appraiser chosen 452 by Council every three (3) years. This assessment shall be in lieu of the valuation 453 and assessment made by an assessor elected by Council as described herein above 454 and in lieu of the assessor's duties described herein above. 455 In addition to the annual assessment, the assessor or assessors shall include 456 supplemental assessments made annually for the purposes of (1) adding property not 457 included in the last assessment or (2) increasing or decreasing the assessment value 458 of property which was included in the last annual assessment.

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 13 459 The annual assessment date for all real property shall be January 1st of each year. The 460 assessment of all property shall be at its true value in money as of the assessment 461 date. True value in money shall be the fair market value. 462 The general assessment shall be set down by the assessor or assessors in two (2) or 463 more copies, as the Council shall direct, and shall be delivered to the Council as soon 464 as made. The Council shall, on the first day of April of each year, cause a copy of the 465 general assessment to be posted in two (2) public places in the city for ten (10) days. 466 The assessor shall notify the public of an appeal deadline of thirty (30) days from the 467 date of general assessment posting. 468 The Council may direct that appeals from any assessment be heard by a committee, 469 known as the Board of Assessment Appeals, of not less than three (3) members 470 appointed by the Council. The Board of Assessment Appeals shall sit at a stated place 471 and time to hear the appeals of all taxpayers dissatisfied with the assessment of their 472 properties, shall collect such information as they consider proper and necessary, and 473 shall report their findings 474 Notice of the place and time that the Board of Assessment Appeals will sit to hear 475 appeals shall be posted with the general assessment in two (2) public places for a 476 period of ten (10) days. Notice of the posting of the copies of the general assessment 477 and of the place and time of the meetings of the Board of Assessment Appeals shall 478 be published in at least one issue of a newspaper published in the city. 479 The assessment as revised and adjusted by the Board of Assessment Appeals or 480 Superior Court shall be the basis for the levy and collection of taxes for the city. 481 The Council shall have the right to levy and collect taxes on gas mains, telephone, 482 telegraph, communications systems, or trolley poles or other erection of like character 483 within the limits of the city, together with the wires thereon strung; and to this end 484 the Council may at any time direct the same to be included in or added to the general 485 assessment. 486 Nothing contained in this section shall be deemed or held to invalidate or otherwise 487 effect any assessment made prior to the approval of this section or any tax levied 488 thereunder. 489 Sec. 49A. Assessment, payment, and collection of taxes for new construction. 490 In the event that the mayor and council of the City of Dover desire to collect and levy 491 taxes on newly constructed property not taxed by virtue of the city's annual 492 assessment, the city may enact an ordinance to do so provided that: At the beginning 493 of each quarter of each year, there shall be an increase in the valuation and 494 assessment of all newly constructed real property within the city, locating each parcel 495 of real property by street and number or other description. Property shall be deemed 496 to be newly constructed when the city permits occupancy and use (Certificate of 497 Occupancy) or when new construction is being used or occupied for its intended 498 purpose. The said valuation and assessment shall be made by an assessor or

REQUEST TO GENERAL ASSEM BLY TO AM END CITY OF DOVER CHARTER PAGE 14 499 assessors who shall be elected by council in accordance with the provisions set forth 500 in Section 47 of this Charter. 501 The aforementioned assessment shall be during the months of January, April, July, 502 and October of each year. Any new construction with an added value of $25,000 or 503 less shall not be realized until the next annual assessment roll. The property owner 504 may appeal any assessment for new construction in accordance with Section 47 of 505 this Charter. 506 Nothing in this section contained shall be deemed or held to invalidate or otherwise 507 affect any assessment made prior to the approval of this section or any tax levied 508 thereunder. 509 All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty 510 (30) days of billing and those taxes not paid shall accrue a penalty in the amount of 511 one and one-half (1½) percent per month. For every tax that is not paid as prescribed 512 herein, the tax collector shall have all the powers conferred upon or vested in the 513 Receiver of Taxes and County Treasurer for Kent County. 514 The council shall have the authority to allow errors and delinquents in the 515 assessment. 516 The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may 517 from time to time be amended, shall be deemed and held to apply to all taxes laid and 518 imposed upon the provisions of this Charter. 519 Section 14. Amend Article IV, Sec. 50 by deleting subparagraph (c)(I) in its entirety and 520 inserting in lieu thereof the following: 521 (i) To finance public storm sewers, streets and appurtenances provided that no 522 more than 1/4 of one percent (.25%) of taxable assessed value of real property of 523 aggregate principal amount of bonds may be issued at any one time pursuant to this 524 clause and any new bonds issued pursuant to this clause may not cause the total 525 aggregate principal amount of bonds outstanding at any one time to exceed one 526 percent of the total taxable assessment for a general tax at the time such new bonds 527 are issued; and 528 Section 15. This Act shall be effective upon its enactment in accordance with law. 529 SYNOPSIS 530 This act would amend Articles I through IVof the City of Dover 531 Charter with the recommendations of the 2005 Charter Review 532 Committee and the Legislative, Finance, and Administration 533 Committee, as approved by City Council. Amendments are also 534 included to conform with 15 Del. C.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 15 535 PREAMBLE (NEW) 536 We the people of the City of Dover, under the constitution and laws of the state of Delaware, in order 537 to secure the benefits of local self-government and to provide for an honest and accountable 538 mayor-council council-manager government do hereby adopt this charter and confer upon the city 539 the following powers, subject to the following restrictions, and prescribed by the following 540 procedures and governmental structure. By this action, we secure the benefits of home rule and 541 affirm the values of representative democracy, professional management, strong political leadership, 542 citizen participation, and regional cooperation. 543 (Adopted by Council 11/13/2007) 544 ARTICLE I. GENERAL PROVISIONS POWERS OF THE CITY 545 (Adopted by Council 11/13/2007) 546 Sec. 1.01. Powers of the City. 547 The city shall have all powers possible for a city to have under the constitution and laws of this 548 state as fully and completely as though they were specifically enumerated in this charter. 549 (Adopted by Council 11/13/2007 - Replaces 1st Paragraph of Sec. 3) 550 Deputy City Solicitor Pepper recommended the following in lieu of previously adopted Sec. 101 551 Powers of the City in order to preserve the home rule language in the current Charter and to 552 track 22 Del. C. §802: 553 Sec. 1.01. Powers of the City. 554 In addition to the powers specifically enumerated by statutes in Title 22 of the Delaware Code and 555 elsewhere, the City of Dover shall assume and have all powers which under the Constitution of 556 the State it would be competent for the General Assembly to grant by specific enumeration, and 557 which are not denied by statute. 558 Sec. 1.02. Construction. 559 The powers of the city under this charter shall be construed liberally in favor of the city, and the 560 specific mention of particular powers in the charter shall not be construed as limiting in any way 561 the general power granted in this article. 562 (Adopted by Council 11/13/2007)

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 16 563 Sec. 1.03. Intergovernmental Relations. 564 The city may participate by contract or otherwise with any governmental entity of this state or any 565 other state or states of the United States in the performance of any activity which one or more of 566 such entities has the authority to undertake. 567 (Adopted by Council 11/13/2007 - Strikeout advised by Deputy City Solicitor Pepper) 568 Sec. 1.04. Municipal corporation continued; boundaries. 569 The municipal corporation of the State of Delaware, known as "the City of Dover" shall continue 570 to be a body politic and corporate. The boundaries of the City of Dover are hereby established and 571 declared as recorded on the official map of record in the Recorder of Deeds Office in and for Kent 572 County and State of Delaware as presently existing and as hereinafter amended. 573 (Amd. of 7-12-2005 (S.B. 126)) 574 (Correction) 575 Sec. 1.05A. Procedure to extend boundaries. 576 The City Council shall have the authority to annex any parcel(s) contiguous to the City by 577 complying with the provisions of Title 22, Chapter 1, Section 101 (22 Del. C. § 101). 578 (Adopted by Council 11/13/2007) 579 In order to extend the boundaries of the City of Dover the council shall adopt a resolution proposing 580 the inclusion of territory or territories within the limits of the City of Dover and calling for a special 581 election to be held in said territory or territories in accordance with Title 22, Chapter 1, Section 101, 582 Delaware Code (22 Del. C. § 101) insofar as applicable. Said resolution shall contain a description 583 of the territory or territories proposed to be annexed and shall specify the date of such election, 584 which shall be not less than 30 nor more than 60 days after the adoption of said resolution, and the 585 place or places of said election. Said resolution shall be published in at least two issues of a 586 newspaper of general circulation within the City of Dover at least two weeks prior to the day of said 587 election. 588 Elections may be held in more than one of said territories on the same day, but the said elections 589 shall be separate; only the votes of qualified voters of a territory as herein described shall be counted 590 in the election to determine whether the territory shall be annexed. 591 Any such election shall be held by the election officers of the election district or districts of Kent 592 County which shall include the territory proposed to be annexed. Every person 18 years of age or 593 upwards who is duly registered upon the books of registered voters for said election district, or 594 districts, who is a resident of the territory proposed to be included within the limits of the City of 595 Dover, and who does not own real estate within said territory shall be entitled to one vote at the 596 election to determine whether said territory shall be annexed; and every person who is the owner of 597 real estate within a territory proposed to be included assessed to them on the assessment records of 598 Kent County, shall be entitled to one vote. Owners of real estate in common shall be entitled to one 599 vote each. Life tenants shall be entitled to one vote each but the holders of the remainder interest or

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 17 600 similar interest subject to the life estate shall not be entitled to vote. Corporations, firms or 601 associations shall be entitled to one vote, the same as private persons. 602 The Council of the City of Dover shall provide the ballots for any such election and shall bear the 603 cost of holding such election. The ballots shall briefly indicate the territory proposed to be included 604 and shall provide two boxes on the ballot beside which shall appear the words "FOR inclusion within 605 the City of Dover," and "AGAINST inclusion within the City of Dover." Each voter shall indicate 606 their preference by making a mark within the box beside the words expressing their preference. 607 At any such election the polls shall he open from 11:00 a.m. to 8:00 p.m. When the polls are closed 608 the election officers shall publicly count the votes and forthwith certify to the clerk of the council 609 the number of votes cast for and against inclusion within the city limits. At the next regular or special 610 meeting of the council the mayor and council shall receive the results of the election and make the 611 same a part of the minutes of said meeting. 612 If a majority of the votes cast in an election held in a territory proposed to be annexed shall be in 613 favor of the inclusion of that territory, the council may thereupon adopt a resolution annexing said 614 territory and including same within the limits of the City of Dover. Upon the adoption of a resolution 615 of annexation a copy thereof certified by the clerk of council and a plot of the area annexed shall be 616 forthwith filed for record with the Recorder of Deeds of Kent County, and the area so annexed shall 617 for all purposes thenceforth be part of the City of Dover. 618 If a majority of the votes cast in an election held in a territory proposed to be annexed shall be 619 against the inclusion of that territory within the limits of the City of Dover, the proposed annexation 620 of said territory shall be declared to have failed. Nothing in this Charter shall prohibit the council 621 from resubmitting a proposal of annexation to the voters of said territory, or any portion thereof, 622 under the authority of this section and in accordance with the provisions thereof. 623 (Amd. of 7-12-2005 (S.B. 126)) 624 (Adopted by Council 11/13/2007) 625 Sec. 2. Status, general corporate powers, specific provisions for condemnation of property. 626 The inhabitants of the City of Dover within the boundaries defined in section 1.04 of this Charter, 627 or within the boundaries hereafter established, shall continue to be a body politic and corporate, by 628 the name of "the City of Dover," and under that name shall have perpetual succession; may have and 629 use a corporate seal; may sue and be sued; may hold and acquire by purchase, gift, devise, lease or 630 condemnation, real property and personal property within or without its boundaries for any municipal 631 purpose, in fee simple or lesser estate or interest, and may sell, lease, hold, manage, and control such 632 property as its interest may require; and shall have all other powers and functions requisite or 633 appropriate for the government of the city, its peace and order, its sanitation, appearance and beauty, 634 the health, safety, convenience, comfort and well-being of its population, and the protection and 635 preservation of property, public and private. 636 Whenever it shall be necessary for any municipal purpose to condemn any real property or personal 637 property under this Charter, except as is herein otherwise specifically provided, the council must 638 follow applicable state law. 639 (Amd. of 7-12-2005 (S.B. 126))

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 18 640 Sec. 3. Enumeration of power not exclusive; manner of exercise of powers; Employee pension, 641 benefit and retirement systems authorized. 642 The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, 643 in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, 644 it is intended that the City of Dover shall have, and may exercise, all powers which, under the 645 Constitution of the State of Delaware, it would be competent for this Charter specifically to 646 enumerate. All powers of the City, whether expressed or implied shall be exercised in the manner 647 prescribed by this Charter, or, if not prescribed herein then in the manner provided by ordinance or 648 resolution of the council. 649 (Adopted by Council 11/13/2007 - See new Section 1.01. Powers of the City.) 650 The City of Dover is hereby authorized, empowered and permitted to establish a system of pensions 651 or benefits through group insurance or otherwise as may be found proper and necessary, providing 652 for life, accident, health, hospitalization and death benefits, or any or either of them, for the regular 653 employees of the said "City of Dover." The said "City of Dover" is hereby authorized, empowered 654 and permitted to enter into an agreement or agreements with one or more insurance companies to 655 provide a group insurance plan or plans, as may be required or proper to carry out such system of 656 pensions or benefits. The election to exercise such authority on the part of the city shall be evidenced 657 by an ordinance or resolution duly adopted by the council of the City of Dover as other ordinances 658 or resolutions are adopted, and the same shall be recorded in the official minutes of the said council. 659 Such ordinance or resolution shall provide for and establish a fund for the payment of the costs of 660 such pension system or benefits by making appropriations out of the treasury of the said "City of 661 Dover," or by requiring contributions payable from time to time by the employees included in such 662 plan or plans, or by a combination of both, or by any other method not prohibited by law. The 663 participation in any plan adopted shall be deemed to be mandatory by the City of Dover and made 664 a condition of employment and continuing employment. 665 The city council shall have power to enact ordinances for a pension or retirement system for the 666 police of the City of Dover, and to set aside a special fund for that purpose which fund shall be 667 administered in accordance with ordinances made and provided in that behalf and the laws of the 668 State of Delaware. 669 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to 670 impose and collect a tax, to be paid by the transferor or transferee as determined by council, upon 671 the transfer of real property within the city not to exceed one and one-half percent or as amended by 672 state law of the value of the real property as represented by the document transferring the property. 673 The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware Code (30 674 Del. C. §§ 5401, 5403) shall apply with respect to any realty transfer tax imposed by the City of 675 Dover pursuant to the authority granted herein. The council of the City of Dover may adopt an 676 ordinance or ordinances to provide for the effective administration and regulation of any tax adopted 677 pursuant to the authority conferred herein. If the taxing power and authority granted herein shall be 678 exercised by way of a stamp affixed to a document, the recorder of deeds in and for Kent County 679 shall not receive for record documents subject to said tax unless stamps provided by the City of 680 Dover are affixed thereto showing payment of the tax. 681 (Amd. of 7-12-2005 (S.B. 126))

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 19 682 CITY OF DOVER PROPOSED ORDINANCE #2009-02 683 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 684 MET: 685 That the Dover Code of Ordinances be amended by inserting a new Chapter 3 - Annexation, to read as 686 follows: 687 Chapter 3 - ANNEXATION 688 Sec. 3-1. Annexation. 689 The City may, from time to time, extend its boundaries through the process of annexation in accordance with 690 the provisions of the Charter, Section 1.05, and Title 22, Chapter 1, Section 101 (22 Del.C.§101). 691 Sec. 3-2. Process. 692 The fee simple owner or owners of real property that is contiguous to the existing corporate limits may 693 petition City Council to annex that property. Such petition shall be submitted on an application form 694 prepared by the City Clerk, along with a survey drawing of the land proposed for annexation and a metes and 695 bounds property description. If the property has multiple owners, each owner must sign the petition. If the 696 property is owned by an artificial entity, an authorized agent of the artificial entity must sign the application. 697 Following receipt of the complete application, the City Clerk shall prepare a proposed ordinance. The 698 proposed ordinance shall specify the current zoning in Kent County and the proposed zoning in the City of 699 Dover. The survey and property description shall be attached to the proposed ordinance. Adoption of the 700 ordinance shall constitute an amendment to the zone map, and all requirements of Title 22, Chapter 3 (22 701 Del. C., Chapter 3) and Dover Code, Appendix B. Zoning, Article 10, Section 5 shall apply. 702 At first reading of the ordinance, the ordinance shall be referred to the Utility Committee and the Planning 703 Commission, on dates set by City Council, and Council will set a date for the final reading and public 704 hearing. The ordinance shall be processed in the same manner as amendments to the zone map, as set forth 705 in Dover Code, Appendix B. Zoning, Article 10, Section 5. 706 Following final reading and action by City Council, the City Clerk shall record the ordinance and attachments 707 with the Recorder of Deeds for Kent County, Delaware, within 45 days. 708 BE IT FURTHER ORDAINED THAT Chapters 4-5 be reserved. 709 ADOPTED: * 710 SYNOPSIS 711 This Ordinance creates a new Chapter 3 - Annexation, which provides the process for 712 annexing property. 713 Actions History 714 February 23, 2009 - Introduced at LF&A Committee

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 20 715 ARTICLE II. MAYOR AND COUNCIL 716 Sec. 4. General Powers and Duties. Government vested in mayor and city council. 717 All powers of the city shall be vested in the city council, except as otherwise provided by law or this 718 charter, and the council shall provide for the exercise thereof and for the performance of all 719 duties and obligations imposed on the city by law. The government of the said city and the exercise 720 of all the powers conferred by this Charter (except as otherwise provided herein) shall be vested in 721 a mayor and city council. (Amd. of 7-12-2005 (S.B. 126)) 722 (Amendment Adopted by Council 11/26/2007) 723 Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen; 724 qualifications. 725 The council shall be the legislative body of the city and composed of nine members nominated and 726 elected as herein provided. 727 In order that the members of council shall be distributed over the city, the city shall be divided into 728 four election districts, the district boundaries of which shall he established by council so that the 729 districts are nearly equal in population as shown by the most recent federal decennial census. The 730 district boundaries established for municipal elections shall continue in effect until the next 731 succeeding federal decennial census is made available for use by municipalities in the State of 732 Delaware, at which time council shall redistrict the city so that the districts shall be nearly equal in 733 population in accordance with said census, which redistricting shall be used for the next regular 734 municipal election, which procedure shall be followed by council after each succeeding federal 735 decennial census in this manner so that the districts shall be maintained as nearly equal in population 736 as possible at all times. 737 The term of mayor shall be for a period of two years commencing on the second Monday in May 738 following their election and continuing for a term of two years until the second Monday in May or 739 until their successor has been duly elected and qualified. 740 The term of the councilmen shall be for two years. In each regular municipal election held in an odd 741 numbered year, five councilmen shall be elected, four by district voting being from the districts and 742 one at-large as stated herein. In each regular municipal election held in an even numbered year, four 743 councilmen shall be elected by district voting from each of the districts of the city. 744 In order to be eligible to be elected as mayor or as a member of council, the person must as of the 745 date of the election be: 746 (1) A citizen of the United States and of the State of Delaware; 747 (2) A resident of the city and having continuously resided therein or in an area annexed to the 748 city during the two years next preceding the day of the election; 749 (3) A resident of the election district from which they are seeking election, unless they are 750 seeking election as an at-large councilman or mayor; 751 (4) Eighteen Twenty-one years of age; and 752 (5) Nominated therefore, as hereinafter provided.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 21 753 (Amendment Adopted by Council 11/26/2007) 754 Holding Other Office. Except where authorized by law, no council members shall hold any other 755 elected public office during the term for which the member was elected to the council. No council 756 member shall hold any other city office or employment during the term for which the member was 757 elected to the council. No former council members shall hold any compensated appointive office 758 or employment with the city until one year after the expiration of the term for which the member 759 was elected to the council, unless granted a waiver by the Board of Ethics (Ethics Commission). 760 (Amendment Adopted by Council 12/10/2007) 761 If a councilman files and runs for mayor, whether or not they are elected to said office, the term as 762 councilman shall automatically expire on the second Monday of May on the year of the election; and 763 if they have a year remaining on their term, then their office as councilman shall he filled at the same 764 annual election in which they have filed to run for the office of mayor. 765 Sec. 6. Municipal election; dates, time, and place of elections. 766 Regular municipal elections shall be held each year on the third Tuesday in April and shall be 767 known as regular municipal elections. All other municipal elections that may be held shall be 768 known as special municipal elections. At each such regular municipal election, the polls shall be 769 opened at 7:00 a.m. and closed at 8:00 p.m. The council may designate the places of election and 770 make all necessary rules and regulations not inconsistent with this Charter or with other laws of 771 the State of Delaware for the conduct of elections, for the prevention of fraud in elections, and 772 for the recount of ballots in case of doubt or fraud. At the regular municipal election held on the 773 third Tuesday in April of any odd numbered year, five councilmen shall be elected for a term of two 774 years, four of whom shall be elected by district voting from each of the districts as designated by 775 council and one of whom shall be elected by at-large voting by all voters of the city, as provided in 776 section 5 of this Charter. At the regular municipal election held on the third Tuesday in April of any 777 even numbered year, four (4) councilmen shall be elected by district voting from each of the districts 778 as designated by council for a term of two years, and a mayor shall be elected by the voters of the 779 city for a term of two years, as provided in section 5 of this Charter. 780 (Strikeout advised by Deputy City Solicitor Pepper - redundant) 781 The regular municipal election shall be held annually on the third Tuesday of April. At each such 782 regular municipal election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The 783 council may designate the places of election and make all necessary rules and regulations not 784 inconsistent with this Charter or with other laws of the State of Delaware for the conduct of 785 elections, for the prevention of fraud in elections, and for the recount of ballots in case of doubt 786 or fraud. 787 (Amd. of 7-12-2005 (S.B. 126)) 788 (Staff moved from Section 8 - Time and place of elections; Election board; counting of votes; 789 determination of winners; tie votes; persons eligible to vote; voter registration; official ballots and 790 voting machines; absentee ballots. Combined to eliminate duplicate language.)

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 22 791 Sec. 7. Nomination petitions for candidates for council and mayor. 792 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by 793 not less than ten nor more than 25 electors of the city, filed with the clerk of council on or before 794 4:30 4:00 p.m. on the second Friday of February of each year for candidates for council and on or 795 before 4:30 4:00 p.m. on the last working day in January for candidates for mayor in the years when 796 a mayor is to be elected. Should the second Friday of February fall on a legal holiday, the filing date 797 shall he 4:30 4:00 p.m. on the next working day thereafter which is not a legal holiday. 798 Whenever a petition nominating a person for the office of mayor or councilman shall have been filed 799 as above prescribed, the name of such person shall he printed on the ballot for the regular municipal 800 election as a candidate for the office for which they were nominated, provided they possess the 801 qualifications prescribed by this Charter for a candidate for such office. 802 No nominating petition shall designate more than one person to be voted for as a member of council 803 or as mayor. 804 The signers of a nominating petition for a member of the council must be electors of the city residing 805 in the city election district in which the nominee resides; but the signers to the nominating petition 806 for the mayor and for the at-large councilman may be city electors residing in the city at-large. 807 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the 808 number of signers and that each signature appended thereto was made in their presence, and is the 809 genuine signature of the person whose name it purports to be, and that all of said signers are entitled 810 to vote at the regular municipal election referred to; and, in the case of a petition nominating a 811 candidate for councilman running from a particular district and to be elected by district voting, that 812 the circulator of the petition verily believes that each signer of said petition is a resident of the same 813 city election district in which the nominee resides. 814 With each signature shall be stated the place of residence of the signer, giving the street and number 815 or other description sufficient to identify the same. The form of the nominating petition shall be 816 substantially as follows: 817 We, the undersigned, electors of the City of Dover, hereby nominate ________________, who 818 resides in the ________________ City District of the said City of Dover, for the office of 819 Councilman (or for the office of Mayor as the case may be) to he voted for at the regular municipal 820 election to be held in the said City, on the _________ day of _________ in the year _________; and 821 we individually certify that we are qualified to vote for a candidate for the office named, and that we 822 have not signed any other nominating petition for that office, and that our places of residences are 823 truly stated after our signatures. 824 Name __________ 825 Street and number __________ 826 (Space for Signatures) 827 STATE OF DELAWARE 828 KENT COUNTY 829 SS.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 23 830 _________ being duly sworn (or affirmed) deposes and says that they were the circulator of the 831 foregoing petition paper containing signatures, and that the signatures appended thereto were made 832 in his presence, and are the signatures of the persons whose names they purport to be, and that they 833 verily believe the residence of each signer thereof to be truly stated, and that all of said signers are 834 entitled to vote at the regular municipal election referred to in said paper; and, in case the petition 835 is nominating a candidate for councilman to be elected from a specific district by district voting, that 836 each signer of said petition is a resident of the same city election district in which the nominee 837 resides. 838 (Signed)__________ 839 Subscribed and sworn to (or affirmed) before me this _________ day of _________ 840 ________________ Justice of the Peace (or Notary Public) 841 (Amd. of 7-12-2005 (S.B. 126)) 842 Sec. 8. Time and place of elections; Election board; counting of votes; determination of 843 winners; tie votes; persons eligible to vote; voter registration; official ballots and voting 844 machines; absentee ballots. 845 The regular municipal election shall be held annually on the third Tuesday of April. At each 846 such regular municipal election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. 847 The council may designate the places of election and make all necessary rules and regulations 848 not inconsistent with this Charter or with other laws of the State of Delaware for the conduct 849 of elections, for the prevention of fraud in elections, and for the recount of ballots in case of 850 doubt or fraud. 851 (Staff moved to Section 6. Municipal election; dates, time, and place of elections. Combined to 852 eliminate duplicate language.) 853 There is hereby created an election board which shall be a non-elected body to oversee the 854 municipal elections, as well as to serve as an advisory board to Council on such matters as voter 855 registration, municipal elections, election rules and regulations, and polling locations for City 856 elections. The board shall be composed of five (5) members, serving three (3) years terms, to be 857 appointed by the Mayor and confirmed by council at the Annual Meeting, or as necessary to fill 858 vacancies as they occur. One member shall be appointed from each district into which the city 859 has been divided for election purposes, and one member shall be appointed on an at-large basis. 860 The City Clerk shall serve as a liaison member of the board. Upon expiration of the term of 861 appointment, a member shall serve until his/her successor has been duly appointed. If a vacancy 862 occurs during the term of any member of the election board, a person residing in the same 863 numbered district shall be appointed to fill the remainder of said term. Members serve without 864 salary, but shall be paid a per diem allowance as specified by City ordinances. 865 To be eligible for appointment to the election board, each prospective member shall be a citizen 866 of the United States, a registered voter within the City, and have resided within the geographical 867 boundaries of the City for one year preceding the appointment. The Mayor and members of 868 Council, their parents, spouse, or children, shall not be eligible for appointment to the election 869 board. 870 (By Resolution Adopted November 12, 1990)

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 24 871 All elections shall be held by an the election board. The City Clerk may designate such other 872 persons as he shall deem necessary to assist the members of the election board in the conduct of the 873 election and counting of the ballots. Should any or all of the members of the election board be absent 874 from the place of election at 7:00 a.m. on the day of the election or fail or neglect to act in the 875 conduct of such election during the time the polls are open and until the ballots are counted and the 876 results of the election certified, the voters of the city present at such time may choose from the 877 qualified voters of the city such person or persons as shall he necessary to fill places made vacant 878 by the absence or neglect aforesaid. 879 When the polls are closed, the election board shall publicly count the votes and shall certify the 880 results of the election to each of the persons selected and to the council. The candidate for the office 881 of mayor who receives the highest number of votes cast for that office shall be declared to be elected 882 mayor; the candidate for the office of at-large councilman who receives the highest number of votes 883 cast for that office shall be declared to be elected at-large councilman; and the candidates for the 884 offices of councilmen from each district who receive the highest number of votes cast by voters who 885 reside in that district and cast votes for councilmen of that district shall be declared to be elected to 886 that office. In the event of a tie vote for any office, a special election for said office(s) only shall be 887 held within 30 days and the registration books shall remain closed until the outcome of the special 888 election is determined. 889 Every resident of the City of Dover who shall have reached the age of 18 years by the time of the 890 election and who is properly registered to vote shall be entitled to vote at all regular or special 891 municipal elections. A voter will be considered properly registered to vote if they are properly 892 registered to vote for state elections in accordance with Title 15 of the Delaware Code as amended. 893 The council shall provide for the use of voting machines in all regular and special municipal 894 elections in conformity with Title 15 of the Delaware Code by ordinance duly adopted by council. 895 Voting machines shall be used in accordance with Title 15 of the Delaware Code and by ordinance 896 duly adopted by council. The names of the candidates for each office shall be listed in alphabetical 897 order on the voting machines under the name of the office to which they seek election. The voters 898 shall designate their choice of candidates in accordance with the regular method of operation of 899 voting machines. The council may provide sample ballots plainly marked as such and printed on 900 paper of any color except white to be distributed to any voter or candidate who requests them prior 901 to or during the election. 902 Any qualified voter, duly registered, who shall be unable to appear to cast their ballot at any election 903 either because of being in the public service of the United States or of this state, or because they will 904 be unavoidably absent from the city on the day of the election, or because of his sickness or physical 905 disability may cast a ballot at such election by absentee ballot to be counted in the total of such 906 election. The council may provide the rules and regulations for such absentee voting by ordinance 907 for all elections. 908 (Amd. of 7-12-2005 (S.B. 126)) 909 Sec. 9. Meetings of mayor and council--Generally. 910 At 7:30 p.m. on the second Monday in May following a regular municipal election, the mayor and 911 council shall meet at the usual place for holding council meetings and the newly elected officers shall 912 assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 25 913 Such meeting shall be called or known as the annual meeting. Thereafter, the council shall hold 914 regular meetings at such times as may be prescribed by ordinance, but not less frequently than once 915 each month. Special meetings may be called and held as prescribed by ordinance. All meetings of 916 the council shall be open to the public except scheduled executive sessions. 917 At the annual meeting held on the second Monday in May, the members of council shall elect one 918 of their members to serve as council president, such term to be in effect until the next regularly 919 scheduled annual meeting or until a successor is elected. The council president shall serve as 920 vice-mayor. Council president shall preside over regular and special council meetings. 921 The mayor shall preside over the annual meeting and quarterly town meetings, and at the annual 922 meeting present a state of the city message and offer mayoral appointments for council confirmation. 923 The mayor, upon recommendation from the council president, will present council appointments for 924 council approval. 925 In the event of absence of the council president, then the senior member of council in terms of length 926 of service as a councilman shall assume the duties of the council president and shall be designated 927 council president acting. In the event that two or more members of council have the same seniority 928 in terms of length of service as a councilman, then the members of council shall vote and elect one 929 of those as council president acting. Council president acting shall fulfill all of the duties and 930 responsibilities of council president during his period of unavailability or absence. 931 (Amd. of 7-12-2005 (S.B. 126)) 932 Sec. 10. Meetings of mayor and council--Procedure. 933 Five of the members elected to the council shall constitute a quorum to do business, but a less 934 number may adjourn from time to time and may compel the attendance of absent members in such 935 manner and under such penalties as may be prescribed by ordinance. 936 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote 937 of a majority of the members elected to the council, and (2) the written approval of the mayor, or the 938 vice-mayor in those cases where the vice-mayor is authorized to act as mayor as provided in section 939 15 hereof, provided that in the absence of such approval by the mayor, or the vice-mayor as the case 940 may be, the council may, after not less than seven days nor more than 35 days after the prior vote, 941 pass or adopt the said ordinance, resolution, motion or order which did not receive the approval of 942 the mayor, or the vice-mayor, by the affirmative vote of two-thirds of the members elected to 943 council. 944 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the duty of 945 the mayor, or the vice-mayor, to signify his/her approval or disapproval thereof in writing to the clerk 946 of the council within seven days thereafter. The clerk of the council shall forthwith notify the 947 members of the council of such approval or disapproval. 948 Motions to adjourn meetings of council and orders to compel the attendance of absent members shall 949 not require the approval of the mayor or vice-mayor. 950 A councilman may shall abstain from voting on a matter that he feels would involve the 951 consideration of his own official conduct, on a matter in which he has a financial interest, in a matter

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 26 952 in which he has a conflict of interest or in accordance with a policy adopted by council. 953 The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered 954 together with the text of the ordinance or resolution upon the journal of the proceedings of the 955 council. The journal shall be deemed conclusive evidence of the facts stated therein except in the 956 case of fraud. 957 In addition to other acts required by law or by specific provision of this charter to be done by 958 ordinance, those acts of the city council shall be by ordinance which: 959 (1) Adopt or amend an administrative code or establish, alter, or abolish any city 960 department, office, or agency; 961 (2) Provide for a fine or other penalty or establish a rule or regulation for violation 962 of which a fine or other penalty is imposed; 963 (3) Levy taxes; 964 (4) Grant, renew, or extend a franchise; 965 (5) Regulate the rate charged for its services by a public utility; 966 (6) Authorize the borrowing of money; 967 (7) Convey or lease or authorize the conveyance or lease of any lands of the city; 968 (8) Regulate land use and development; 969 (9) Amend or repeal any ordinance previously adopted; or 970 (10) Adopt, with or without amendment, ordinances proposed under the initiative 971 power. 972 Acts other than those referred to in the preceding sentence may be done either by ordinance or by 973 resolution. 974 (Strikeout advised by Deputy City Solicitor Pepper - traditionally done by Resolution) 975 The city council may adopt any standard code of technical regulations by reference thereto in an 976 adopting ordinance. The procedure and requirements governing such an adopting ordinance 977 shall be as prescribed for ordinances generally except that: 978 (1) The requirements for distribution and filing of copies of the ordinance shall be 979 construed to include copies of the code of technical regulations as well as of the 980 adopting ordinance, and 981 (2) A copy of each adopted code of technical regulations as well as of the adopting 982 ordinance shall be authenticated and recorded by the city clerk. 983 Copies of any adopted code of technical regulations shall be made available by the city clerk for 984 distribution or for purchase at a reasonable price. 985 (Amd. of 7-12-2005 (S.B. 126)) 986 (Amendment Adopted by Council 5/27/2008)

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 27 987 Sec. 11. Council to be judge of election results and qualification of members; power to fix 988 procedure. 989 The council shall be the judge of the election results and qualification of its members and, in such 990 cases, shall have power to subpoena witnesses and compel the production of all pertinent books, 991 records and papers; but the decision of the council in any such case shall be subject to review by the 992 courts. The holding over members shall constitute the council for the purpose of determining election 993 contests. The council shall determine its own rules and order of business and keep a journal of its 994 proceedings. It shall have power to compel the attendance of absent members, and may punish its 995 members for disorderly behavior. 996 (Amd. of 7-12-2005 (S.B. 126)) 997 Sec. 12. Compensation; Expenses–Mayor, council members, and other elected or appointed 998 officials. Compensation and expenses--Mayor and council and other elected or appointed 999 officials. 1000 The city council shall may determine the annual salary and emoluments of the mayor, and 1001 council members, and other elected or appointed officials by ordinance, but no ordinance 1002 increasing the salary of the mayor or city council members such salary shall become effective 1003 until the date of commencement of the terms of the mayor or council members elected at the next 1004 regular election. The mayor and council members shall receive their actual and necessary 1005 expenses incurred in the performance of their duties of office. 1006 The council shall determine the annual salary and emoluments of the mayor and council and 1007 other elected or appointed officials by ordinance. Members of the council, the mayor and other 1008 elected or appointed officials shall receive reimbursement for actual and necessary expenses 1009 incurred when on official business as prescribed by city ordinance or policy. 1010 (Amd. of 7-12-2005 (S.B. 126)) 1011 (Amendment adopted by Council 12/10/2007 with recommendation that a Resolution be 1012 adopted establishing the Compensation Commission (see attached Res. No. 2009-10). Staff 1013 recommends instead an ordinance amending Article IV. Officers and Employees, Division 1. 1014 Generally, Sec. 2-201. Compensation and expenses for mayor, council, employees and other 1015 elected or appointed officials, to include Compensation Commission (see Ordinance 2009-04 1016 below). Black text suggested by Deputy City Solicitor) 1017 CITY OF DOVER PROPOSED ORDINANCE #2009-04 1018 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 1019 COUNCIL MET: 1020 That Chapter 2 - Administration, Article IV - Officers and Employees, Division 1 - Generally, 1021 Section 2-201 - Compensation and expenses for mayor, council, employees and other elected or 1022 appointed officials, be amended by inserting the text indicated in bold, blue, italics and deleting the 1023 text indicated in red strikeout as follows: 1024 Sec. 2-201. Compensation and expenses for mayor, council, employees and other elected or 1025 appointed officials.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 28 1026 A. In accordance with section 12 of the Charter, authorizing the council to establish 1027 compensation and expenses for the mayor and councilmembers, city employees and other elected 1028 or appointed officials, the following fees are hereby established: 1029 (1) Mayor. The mayor shall receive an annual salary of $45,000.00. In addition, the 1030 mayor shall receive an expense allotment of up to $5,000.00, to be included in the city's 1031 annual budget, for miscellaneous expenses, to be reimbursed upon submission of receipts or 1032 proper documentation. Expenses in excess of this amount shall only be permitted by council 1033 approval. The mayor shall be entitled to all benefits customary to an employee of the city, 1034 except pension benefits, and sick and vacation leave. 1035 (2) Councilmembers generally. Each councilmember shall receive an annual salary of 1036 $7,416.00, to be paid monthly. The council president shall receive an annual salary of 1037 $8,652.00, to be paid monthly. Councilmembers shall receive reimbursement for actual and 1038 necessary expenses incurred when on official business as prescribed by ordinance or policy. 1039 (3) Councilmembers hearing appeals. Members of the council sitting to hear appeals 1040 from the municipal assessment shall receive $50.00 for per diem reimbursement for expenses 1041 for the preparation and attendance of each meeting of the assessment appeals committee. 1042 (4) Nonemployee election officers. Each person not a city employee appointed to serve 1043 as an election judge for any municipal election shall receive $200.00 for per diem 1044 reimbursement for each election attended. Each person chosen to serve as a clerical assistant 1045 for any municipal election shall receive $150.00 for per diem reimbursement for each 1046 election attended. 1047 (5) Employee election officers. Employees of the city appointed to serve as election 1048 judges or officials for any municipal election shall receive $150.00 for per diem 1049 reimbursement for expenses for each municipal election attended in addition to their regular 1050 salary. 1051 (6) Appointee to council committee. Each appointed member to any city council 1052 committee, not serving an elected term to any city office, shall receive $75.00 for preparation 1053 and attendance at each committee meeting to which the member is appointed. 1054 (7) Employee on council committee. For any city employee appointed to a council 1055 committee shall receive $25.00 for reimbursement for expenses per diem for each meeting 1056 attended which is held after 5:00 p.m. on a scheduled workday or at any time on a weekend 1057 or city-approved holiday. 1058 (8) Planning commission. Each appointed member of the planning commission shall 1059 receive $100.00 per diem reimbursement for expenses to be paid monthly for preparation and 1060 attendance at each meeting of the planning commission. 1061 (9) Board of adjustment. Each appointed member of the board of adjustments shall 1062 receive $75.00 per diem reimbursement for expenses to be paid monthly for preparation and 1063 attendance at each meeting of the board of adjustment, to become effective July 1, 2007.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 29 1064 B. Compensation commission. 1065 There is hereby created a compensation commission to consider compensation for the 1066 Mayor, City Council, and paid members of City committees and commissions. The compensation 1067 commission shall consist of five (5) members, one (1) member appointed by the Mayor, one (1) 1068 member appointed by the Council President, and three (3) members appointed by City Council 1069 during the Annual Meeting. Members shall be City residents who are registered to vote in City 1070 elections. Members shall serve two (2) year terms and cannot be re-appointed within the next two 1071 (2) years. The Finance Director and Human Resources Director shall serve as ex-officio, 1072 non-voting members. 1073 The compensation commission shall meet as needed, with a report due to Council six (6) 1074 months prior to the regular municipal election., with At least one (1) public hearing shall be held 1075 prior to their submission of the report to Council. Upon receiving the resolution of the 1076 commission, the city council may reduce or reject the commission's recommendation, but it may 1077 not increase any item in the resolution. The recommendations contained in the resolution, and 1078 any permitted changes to such recommendations, shall not become effective unless adopted by 1079 ordinance enacted at least three (3) months prior to the elections of the next succeeding Mayor 1080 and Council, and shall take effect only for the next succeeding terms of office of the Mayor and 1081 Council. 1082 Charter references: Mayor and Council, subpart A, § 12. 1083 (Strikeout and black, italic text advised by Deputy City Solicitor Pepper) 1084 SYNOPSIS 1085 The amendment creates a compensation commission to consider compensation for 1086 the Mayor, City Council, and paid members of City committees and commissions. 1087 Actions History 1088 February 23, 2009 - Introduced at LF&A Committee 1089 Sec. 13. Vacancies; forfeiture of Office; Filling of Vacancies Filling vacancies for council or 1090 mayor. 1091 (a) Vacancies. The office of a council member shall become vacant upon the member's death, 1092 resignation, or removal from office or forfeiture of office in any manner authorized by law. 1093 (b) Forfeiture of Office. A council member shall forfeit that office if the council member: 1094 (1) Fails to meet the residency requirements, 1095 (2) Violates any express prohibition of this charter, 1096 (3) Is convicted of a crime involving moral turpitude, or 1097 (4) Fails to attend three consecutive regular meetings of the council without being 1098 excused by the council. 1099 The loss of residence in the city, the loss of residence in the state, the removal from the district 1100 where the member resided at the time of the member's election, in the case of a councilman, 1101 or the conviction of any crime involving moral turpitude during the term for which the

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 30 1102 member was elected, shall create a vacancy in the office either of mayor or councilman. In the 1103 case of any such vacancy or of any vacancy created by death, resignation or otherwise for which said 1104 vacancy shall be less than six months in duration, the council shall fill such vacancy office shall 1105 remain vacant. If such vacancy should be in excess of six months in duration, a special election 1106 shall be held to fill such vacancy, this special election to be held no sooner than 30 days from the 1107 date of the vacancy, but said special election to be held no later than 60 days after the date of the 1108 vacancy. If council fails to call for a Special Election, the Special Election shall be called by the 1109 Election Board. 1110 (Amd. of 7-12-2005 (S.B. 126)) 1111 (Amendment Adopted by Council 1/28/2008 and 3/24/2008) 1112 Sec. 14. Duties of mayor. 1113 The mayor shall be the executive and chief official of the city. The mayor shall have the powers and 1114 perform the duties conferred and imposed by this Charter and ordinances of the city. The mayor shall 1115 preside at the annual meeting of the council and at all quarterly town meetings. The council president 1116 shall preside at all other meetings of the council. The mayor shall have no vote on council matters 1117 of any nature whatsoever. The mayor is an ex officio member of all committees, but shall have no 1118 vote. 1119 (Amd. of 7-12-2005 (S.B. 126)) 1120 Sec. 15. Council president/vice-mayor, duties of. 1121 At each annual meeting, the council shall elect one of their number as council president who shall 1122 also serve as vice-mayor. During a vacancy in the office of mayor or during the absence or disability 1123 of the mayor, the vice-mayor shall have all the powers and duties of the mayor, except as hereinafter 1124 provided. The council president and vice-mayor shall retain his/her right to vote as councilman at 1125 all times although he/she may be acting as the mayor, unless the mayors absence appears to be 1126 indefinite or extended, in which case council shall pass a resolution appointing the vice-mayor as 1127 mayor until the mayor's position is either filled in accordance with section 13 hereof or the mayor 1128 returns to his/her duties, which resolution shall provide that the vice-mayor shall have the right to 1129 approve or disapprove council action in accordance with section 10 hereof, in which case the 1130 vice-mayor shall lose his/her vote as councilman until further action is taken by council. 1131 (Amd. of 7-12-2005 (S.B. 126)) 1132 Sec. 16. City Clerk of council. 1133 The city council shall appoint an officer of the city who shall have the title of city clerk. The city 1134 clerk shall give notice of council meetings to its members and the public, keep the journal of its 1135 proceedings and perform such other duties as are assigned by this charter or ordinance or by the 1136 council or by state law. 1137 The council shall choose a clerk, who shall keep a record of the proceedings of the council and 1138 perform such other duties and have such powers as may be prescribed by ordinance. 1139 (Amd. of 7-12-2005 (S.B. 126)) 1140 (Amendment Adopted by Council 3/24//2008)

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 31 1141 Sec. 17. City Controller/treasurer. 1142 At the annual meeting the council shall elect a city controller/treasurer to hold office until the next 1143 annual meeting of the council, or until his/her successor has been duly chosen and qualified, but 1144 subject to removal at any time by the council. 1145 The city controller/treasurer shall be the custodian of all the city funds and shall deposit them in a 1146 banking institution designated by the council. 1147 (Amd. of 7-12-2005 (S.B. 126)) 1148 (Amendment Adopted by Council 3/24//2008) 1149 Sec. 18. Ordinances authorized; maximum penalty for violation. 1150 The council is hereby vested with the authority to adopt ordinances of every kind relating to any 1151 subject coming within the powers and functions of the city, or relating to the government of the city, 1152 its peace and order, its sanitation, appearance and beauty, the health, safety, convenience and comfort 1153 of its population, and the protection and preservation of property, and to fix and impose and enforce 1154 the payment of, fines and penalties for the violation of any such ordinance; provided that no fine or 1155 penalty shall exceed the sum of $1,000.00; as penalties will be provided by the Code and no 1156 provision in this Charter as to ordinances on any particular subject shall be deemed or held to he 1157 restrictive of the power to adopt ordinances on any subject not specifically enumerated. 1158 (Amd. of 7-12-2005 (S.B. 126)) 1159 (Note from Deputy City Solicitor Pepper: I am not sure that a $1000 cap on fines is 1160 appropriate. Fines need to be high enough that they deter bad conduct and are not simply a 1161 cost of doing business. Consideration might be given to removing "provided that no fine or 1162 penalty shall exceed the sum of $1,000.00") (Legislative, Finance, and Administration Committee 1163 recommended approval of amendment on 2/23/09) 1164 Sec. 19. Power of council to define and abate nuisances. 1165 The council shall have power to define nuisances and cause their abatement. The operation of any 1166 instrument, device, or machine of any kind whatsoever, that shall cause electrical interference with 1167 radio or television reception within the limits of the city shall, at the option of the council, be deemed 1168 to be a nuisance. 1169 (Amd. of 7-12-2005 (S.B. 126)) 1170 Sec. 20. Power of council to provide for fire protection measures. 1171 The council shall have power to adopt all measures requisite or appropriate for protection against 1172 fire. To this end the council may adopt ordinances prohibiting the use of building materials that the 1173 council deem would create a fire hazard, and may zone or district the city and make particular 1174 provisions for particular zones or districts with regard to buildings and building materials. This 1175 power shall be deemed to embrace new buildings or additions to or alterations of existing structures 1176 of every kind. The council shall have the power to condemn any building or structure or portion 1177 thereof that it deems to be a health hazard or constitutes a fire menace or to require or cause the same 1178 to be torn down, removed, or so altered as to eliminate the health hazard or menace of fire. 1179 (Amd. of 7-12-2005 (S.B. 126))

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 32 1180 Sec. 21. Power of council to adopt zoning ordinances. 1181 The council may adopt zoning ordinances limiting and restricting to specified districts, and 1182 regulating therein, buildings and structures according to their construction and the nature and extent 1183 of their use. 1184 (Amd. of 7-12-2005 (S.B. 126)) 1185 Sec. 22. Power of council to regulate construction of buildings and require permits; building 1186 inspector authorized. 1187 The power of the council to adopt ordinances for the safety of the city and its population shall be 1188 deemed to embrace the right to prescribe the height and thickness of the walls of any building and 1189 the kind and grade of materials used in the construction thereof. 1190 The council may provide for the issuance of building permits and forbid the construction of a new 1191 building or the addition to or alteration and repair of an existing building except when a building 1192 permit has been obtained therefore. The council may appoint a building inspector and prescribe 1193 his/her powers and duties. 1194 (Amd. of 7-12-2005 (S.B. 126)) 1195 Sec. 23. Power of council to create city planning commission; members generally. 1196 The council may create a city planning commission for the development, improvement, and 1197 beautification of the city, and prescribe its powers and duties. No member of the planning 1198 commission may hold at the same time, any elected city office. 1199 Members of any planning commission created by the city shall consist of two members from each 1200 council district and one member serving at large. 1201 All members of the planning commission must be residents of the City of Dover. 1202 Each appointed member of the commission shall receive per diem reimbursement for expenses to 1203 be paid quarterly for preparation and attendance at each meeting of the planning commission 1204 attended in an amount to be set by council. 1205 (Amd. of 7-12-2005 (S.B. 126)) 1206 Sec. 24. Power of council to franchise or license public utilities and common carriers. 1207 The council shall have the right to grant or refuse franchises or licenses to public utilities and 1208 common carriers and fix the terms and conditions thereof and to regulate their use of the streets, 1209 lanes, alleys, rights-of-way, and air space or airways of the city. 1210 (Amd. of 7-12-2005 (S.B. 126)) 1211 Sec. 25. Power of council to operate light, power or water plant. 1212 The council shall have power to operate a light, power and water plant for the city, and to do all 1213 things necessary for its maintenance and operation. The council may at their option transmit electric 1214 current and or water from its said plant to places or properties outside of the city limits upon such

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 33 1215 terms, charges and conditions as they shall determine. 1216 The council shall have power to adopt ordinances, rules and regulations in regard to the use for 1217 public or private purposes of electric current distributed and or water furnished by the city and the 1218 amount to be paid by the users thereof, and fix fines and penalties for any willful or negligent injury 1219 or damage to its water and light plant, and to any objectionable use in connection with its light and 1220 water system, and to any interference with or obstruction of the said system. 1221 (Amd. of 7-12-2005 (S.B. 126)) 1222 Sec. 26. Power of council with reference to sewers. 1223 The council shall have superintendence and supervision of the sewers and the sewer system of the 1224 city. They shall have power to install any or additional sewers in the city. The council may by 1225 condemnation proceedings take for sewer purposes, private land, or the right to use private land 1226 under the surface thereof, for the laying of sewer mains. The proceedings by condemnation under 1227 this section shall be the same as prescribed by section 27 of this Charter with regard to the laying out 1228 of new streets, and the resolutions referred to in said section shall be modified to cover the case 1229 contemplated by this present section. 1230 The council shall have power to make all ordinances, rules and regulations regarding the sewers and 1231 sewer system of the city and the use thereof, and may fix fines and penalties for the violation of the 1232 provisions of such ordinances. The council may require any property in the city to be connected with 1233 the water and sewer mains and to compel the owner of such property to pay the cost of such 1234 connection and the tapping fee or charge therefore. The connecting with the water or sewer mains 1235 and the tapping thereof shall be under the regulation and control of the council. 1236 The council may extend the sewer system of the city to places outside of the city limits upon such 1237 terms, charges and conditions as it shall determine. 1238 The council is hereby authorized to impose a charge or rent for the use of the sewer system of the 1239 city, both within and without the limits of the city, and in addition to the connection or tapping 1240 charges. 1241 (Amd. of 7-12-2005 (S.B. 126)) 1242 Sec. 27. Power of council to layout, locate, abandon, etc., streets, sidewalks, etc. 1243 The council shall have power and authority to lay out, locate, accept, and open new streets and to 1244 widen and to alter existing streets or parts thereof, and to vacate or abandon streets or parts thereof, 1245 whenever they shall deem it for the best interest of the city. 1246 Whenever, the land comprehended or included in any street, or part thereof, vacated or abandoned 1247 under this section is owned by the city, the council may, in their discretion, sell such land either at 1248 private or public sale and for such consideration as the council shall deem proper, and shall have the 1249 right and power to convey to the purchaser or purchasers thereof a good and sufficient title thereto. 1250 The word "street" shall be deemed and held to comprehend and include sidewalks, lanes and alleys. 1251 (Amd. of 7-12-2005 (S.B. 126))

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 34 1252 Sec. 28. Power of council to pave streets, sidewalks, etc. and levy assessment for public 1253 improvements; municipal lien docket. 1254 The council shall have power to pave or repave, or to cause to be paved, or repaved, the streets and 1255 sidewalks of the city, or any part or portion thereof, with such material or materials as it shall 1256 determine. 1257 The power hereby conferred shall be exercised in the following manner, to wit: 1258 SIDEWALKS 1259 A. The city council, at such time as it shall determine that the condition or conditions of a 1260 particular street or streets, or portion thereof, requires that sidewalks be laid, or that the sidewalks 1261 then existing, if there be sidewalks laid, should be improved, or upon the petition of a majority of 1262 persons owning property along any of the streets, or a portion of any of the streets of the said city, 1263 asking that the sidewalks abutting on said street or streets, be improved, or that sidewalks be laid 1264 where there are none at the time of the filing of the petition, may direct the property owner or owners 1265 to lay or replace sidewalks with such material or materials, as, in the judgment of the said council 1266 of the City of Dover, may seem best under the circumstances. 1267 It shall be the duty of the city manager to give at least 15 days' notice in writing to the owner or 1268 owners of the property affected by the action of the said council. Said notices shall be served in the 1269 manner following: A copy thereof shall be delivered personally to the owner or owners of said 1270 property, or a copy thereof shall be left with the tenant in possession of the property, or a copy 1271 thereof shall be sent by registered mail to the last known post office address of the owner or owners 1272 of the said property or properties so affected. Service of such notice by either of said methods shall 1273 be sufficient to bind the owner or owners under the provisions of this Charter. 1274 It shall be the duty of the owner or owners, after notice shall have been given in either of the ways 1275 above designated, to forthwith cause the said sidewalks to be laid or the improvement or alterations 1276 thereof to be made, as directed in said notice. 1277 Upon the failure of the owner or owners to lay or cause to be laid or improved or altered, the 1278 sidewalks or portion thereof, according to the direction of said notice, it shall be the duty of the city 1279 manager to cause the said sidewalks to be laid or altered or improved, as the case may be, according 1280 to the terms of such notice. 1281 STREETS 1282 B. The council shall adopt an ordinance or resolution stating, in effect, that on a named day and 1283 at a named hour and place, the council will meet to consider the question of paving or repaving, with 1284 specified material or materials, the named street in front of the property of named owners, and, of 1285 assessing the cost thereof against the owners. Said ordinance or resolution shall be published at least 1286 one week prior to the meeting aforesaid in at least one issue of a newspaper published in the city. 1287 The council shall hold a meeting in accordance with said ordinance or resolution and shall hear 1288 thereat the named owners of property and other residents of the city appearing on the questions 1289 presented in said ordinance or resolution.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 35 1290 After such hearing, the council shall decide, either at said meeting or at a subsequent meeting, 1291 whether or not to proceed with the paving or repaving specified in said ordinance or resolution; 1292 provided, however, that the council shall not proceed with such improvement if, at or prior to the 1293 hearing aforesaid, the council shall be presented with a written objection thereto signed by a majority 1294 of the owners of real property in front of which such paving or repaving was contemplated. The 1295 provisions of this subsection, relating to the paving or repaving of streets, shall be deemed to apply 1296 to and include curbs and gutters. 1297 SPECIAL ASSESSMENTS 1298 C. The city shall have the authority to levy and collect special assessments upon property in a 1299 limited and determinable area for special benefits accruing to such property as a consequence of any 1300 municipal public work or improvement, and to provide for the payment of all, or any part of, the cost 1301 of the work, service or improvement out of the proceeds of such special assessments. 1302 When the term "owner" or "owners" is used with respect to special assessments, it shall be deemed 1303 to mean the person or persons who owned the property in question at the time of the enactment of 1304 the assessment ordinance, and, any change in ownership thereafter shall not be deemed to affect any 1305 of the steps or proceedings described in this Charter with respect to special assessments. 1306 The council shall also have the authority to enact ordinances which provide for the levy and 1307 collection of assessments against property owners for the cost of installation of sanitary sewers, 1308 storm sewers, water mains, streets, sidewalks, street lights, curbs, gutters and other public 1309 improvements. 1310 Such ordinances shall prescribe: 1311 (1) The basis to determine the amount which shall be assessed upon the properties abutting the 1312 public work or improvement; 1313 (2) What portion of corner properties shall be considered frontage and what portion side frontage 1314 and whether there shall be any exemption on side frontage; 1315 (3) Payment provisions providing for payment in installments, except that assessments for 1316 current services or service connections shall be payable within one year; and 1317 (4) Rules under which individual appeals shall be heard. 1318 All special assessments and all water and sewer service charges shall be liens and shall be entered 1319 in the municipal lien docket as liens. 1320 The council may provide for the payment of special assessments for whatever purpose levied by 1321 installments, but assessments for permanent improvements shall be paid in annual or more frequent 1322 installments, and, assessments for current services shall be payable within one year. 1323 MUNICIPAL LIEN DOCKET 1324 D. A docket known as the City of Dover Municipal Lien Docket shall be prepared and 1325 maintained by the city manager. The docket shall be substantially the same in form as the judgment 1326 docket for Kent County and shall contain an index according to the name of the owner against whom 1327 such lien has been assessed. All taxes and all charges for water service, sewer service, garbage 1328 service, electric service, grass cutting services and debris removal, dangerous building ordinance 1329 costs and assessments, special assessments for municipal improvements of any nature, and all other

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 36 1330 charges or assessments made by the city against property owners may be recorded in the municipal 1331 lien docket and shall be and constitute a lien upon all of the real estate of the taxable against or upon 1332 whom such taxes and/or charges are laid or imposed, of which such taxable was seized at any time 1333 after such taxes and/or charges have been levied and imposed, situate in the City of Dover. All liens 1334 so recorded shall continue in full force and effect until the same plus accrued costs have been paid 1335 in full. Upon payment in full of the lien and all costs, it shall be the duty of the city manager to enter 1336 forthwith upon the docket the date of final payment and the words 'satisfied in full." Failure to record 1337 liens in the municipal lien docket shall not affect liens otherwise provided for in 25 Del. section 1338 2901, et seq. 1339 (Amd. of 7-12-2005 (S.B. 126)) 1340 Sec. 29. Streets, sidewalks, etc. to be under control of council; power of council to prescribe 1341 grades thereon and regulate. 1342 The streets, sidewalks, lanes and alleys in the city shall be under the supervision, management and 1343 control of the council, and the council may prescribe the grades thereof and adopt ordinances 1344 regulating the use thereof and the traffic thereon. 1345 (Amd. of 7-12-2005 (S.B. 126)) 1346 Sec. 30. Power of council to provide for disposal of garbage and sewage. 1347 The council shall have power to provide for the incineration or other sanitary disposal of litter, 1348 debris, refuse, garbage and sewage. 1349 (Amd. of 7-12-2005 (S.B. 126)) 1350 Sec. 31. Power of council to regulate parking and provide parking lots. 1351 The council shall have power to adopt ordinances regulating the parking of automobiles and motor 1352 vehicles within the city, and may lease or purchase land to be used for parking purposes. 1353 (Amd. of 7-12-2005 (S.B. 126)) 1354 Sec. 32. Council to determine salaries of city appointees and employees. 1355 The salaries or emoluments of all city appointees and city employees shall be determined by the 1356 council through the pay system and collective bargaining agreements as amended. 1357 (Amd. of 7-12-2005 (S.B. 126)) 1358 ARTICLE III. CITY MANAGER 1359 Sec. 33. The city manager generally. 1360 The council shall appoint a city manager who shall be the chief administrative officer of the city. The 1361 city manager need not, when appointed, be a resident of the city or the state. No member of the 1362 council shall, during the time for which elected, be chosen as city manager. The manager shall be 1363 appointed for an indefinite term but shall be removable at the pleasure of the council. Before the 1364 manager may be removed he/she shall, if he/she so demand, be given a written statement of the 1365 reasons alleged for his/her removal and the right to be heard publicly thereon at a meeting of the 1366 council prior to the final vote on the question of his/her removal, but pending and during such

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 37 1367 hearing the council may suspend him/her from office. The action of the council in suspending or 1368 removing the manager shall be final, it being the intention of this Charter to vest all authority and 1369 fix all responsibility for such suspension or removal in the council. In case of the absence or 1370 disability of the manager the council may designate some qualified person to perform the duties of 1371 the office during such absence or disability. 1372 (Amd. of 7-12-2005 (S.B. 126)) 1373 Sec. 34. Responsibility of manager; powers of appointment and removal. 1374 The city manager shall be responsible to the council for the proper administration of all affairs of the 1375 city placed in his/her charge, and to that end, except as otherwise provided herein, he/she shall have 1376 the power to appoint and remove all employees in the administrative service of the affairs of the city 1377 under his/her charge. All such appointment shall be without definite term. 1378 (Amd. of 7-12-2005 (S.B. 126)) 1379 Sec. 35. Removal of employees by manager. Appointments and Removals. 1380 Employees appointed by the city manager, or under his/her authorization, may be removed 1381 by him/her at any time. The decision of the manager in any such case shall be final and there 1382 shall be no appeal therefrom to any other officer, body or court whatsoever. 1383 Neither the city council nor any of its members shall in any manner control or demand the 1384 appointment or removal of any city administrative officer or employee whom the city manager or 1385 any subordinate of the city manager is empowered to appoint, but the council may express its 1386 views and fully and freely discuss with the city manager anything pertaining to appointment and 1387 removal of such officers and employees. The city administrative officers and employees can be 1388 assured of due process in accordance with 19 Del. C. 1389 (Amd. of 7-12-2005 (S.B. 126)) 1390 (Amendment Adopted by Council 12/10/2007) 1391 Sec. 36. Council not to interfere with appointments or removals of manager; giving orders to 1392 subordinates of manager prohibited; penalty for same. Interference with Administration. 1393 Except for the purpose of inquiries, and investigations by council under Sec. 39, the council or 1394 its members shall deal with city officers and employees who are subject to the direction and 1395 supervision of the city manager solely through the city manager, and neither the council nor its 1396 members shall give orders to any such officer or employee, either publicly or privately. 1397 Neither the council nor any of its committees or members shall direct or request the 1398 appointment of any person to, or removal from, office by the city manager or any of his/her 1399 subordinates, or in any manner take part in the appointment or removal of employees in the 1400 administrative service of the affairs of the city under the charge of the manager. Except for the 1401 purpose of inquiry, the council and its members shall deal with that portion of the 1402 administrative service for which the manager is responsible solely through the manager, and 1403 neither the council nor any member thereof shall give orders to any subordinate of the city 1404 under the city manager either publicly or privately. Any violation of the provisions of this 1405 section by a member of the council shall be a misdemeanor, conviction of which shall 1406 immediately forfeit the office of the member so convicted.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 38 1407 (Amd. of 7-12-2005 (S.B. 126)) 1408 (Amendment Adopted by Council 1/28/2008) 1409 Sec. 37. Duties of the manager. 1410 It shall be the duty of the city manager to supervise the administration of the affairs of the city under 1411 his/her charge; to make such recommendations to the council concerning the affairs of the city as 1412 may seem to him/her desirable; to keep the council advised of the financial conditions and future 1413 needs of the city; to prepare and submit to the council the annual budget estimate; to prepare and 1414 submit to the council such reports as may be required by that body; and to perform such other duties 1415 as may be prescribed by this Charter or required of him/her by ordinance or resolution of the council. 1416 (Amd. of 7-12-2005 (S.B. 126)) 1417 Sec. 38. Right of manager to sit in council meetings. 1418 The city manager and such other officers of the city as may be designated by vote of the council, 1419 shall be entitled to seats in the council, but shall have no vote therein. 1420 (Amd. of 7-12-2005 (S.B. 126)) 1421 Sec. 39. Investigations by council. 1422 The city council may make investigations into the affairs of the city and the conduct of any city 1423 department, office, officer, employee, or agency and for this purpose may subpoena witnesses, 1424 administer oaths, take testimony, and require the production of evidence. Failure or refusal to 1425 obey a lawful order issued in the exercise of these powers by the council shall be a Class A 1426 misdemeanor punishable by existing State Law. 1427 The council shall have power to inquire into the conduct of any office, officer or employee of 1428 the city and to make investigations as to municipal affairs, and for that purpose may subpoena 1429 witnesses, administer oaths, and compel the production of books, papers and other evidence. 1430 (Amd. of 7-12-2005 (S.B. 126)) 1431 (Amendment Adopted by Council 3/24/2008) 1432 Sec. 40. Other functions of city manager. 1433 The city manager shall have charge of the light and water plant operated by the city, and of the light 1434 and water and sewer systems of the city. The city manager shall have charge of the supervision of 1435 the streets, gutters, curbs and sidewalks of the city and of all work relating thereto. The city manager 1436 shall have charge of the administration of all provisions of this Charter and ordinances and 1437 regulations of the council relating to affairs of the city, when not otherwise provided for by this 1438 Charter or by any ordinance or resolution of the council. The city manager shall ex officio be the 1439 collector of taxes for the city. It shall be his/her duty to collect all water rents and fees for the tapping 1440 of water mains and sewers, all charges for electric current and all city revenue from any source 1441 whatsoever. The city manager shall pay over to the city controller/treasurer at least monthly, and 1442 oftener if required by council, all moneys received or collected by him/her and by any employee 1443 under him/her.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 39 1444 The city manager shall keep a full and strict account of all moneys received and all transfers made 1445 by him/her to the city controller/treasurer and such accounts shall be at all times open to inspection 1446 by the council. The city manager shall make such reports and at such times as the council shall 1447 direct. 1448 (Amd. of 7-12-2005 (S.B. 126)) 1449 Sec. 41. 1450 This section has been intentionally left blank. 1451 ARTICLE IV. FINANCIAL AFFAIRS 1452 Sec. 42. Signing of warrants. 1453 The city controller/treasurer shall pay out no money except upon warrant signed by the city manager 1454 and countersigned by the mayor. 1455 The mayor and the city manager shall sign no warrants on the city controller/treasurer except 1456 pursuant to appropriations or resolutions theretofore made by the council. 1457 The city controller/treasurer shall keep a true and detailed account of all moneys received and of all 1458 moneys paid out by him/her.530 The City controller/treasurer shall preserve all vouchers for moneys 1459 paid by him/her. His/her books and accounts shall at all times be open to inspection by the council 1460 or the mayor or the city manager. 1461 The city controller/treasurer shall make such reports and at such times as the council may direct. 1462 The city controller/treasurer shall be required to give bond in such amount and in such form and 1463 with such surety as the council shall determine or approve. 1464 (Amd. of 7-12-2005 (S.B. 126)) 1465 Sec. 43. Fiscal year. 1466 The fiscal year of the city shall begin the first day of July and shall end with the next succeeding 1467 thirtieth day of June. 1468 (Amd. of 7-12-2005 (S.B. 126)) 1469 Sec. 44. Annual budget. 1470 On or before the second Monday of May of each year, the city manager shall prepare and submit to 1471 the council, a budget, presenting a financial plan for conducting the affairs of the city for the ensuing 1472 fiscal year. The total of proposed expenditures shall not exceed the total of anticipated income. 1473 The budget shall include the following information: 1474 1. A detailed statement showing the expenses of conducting each department and office of the 1475 city for the current year and last preceding fiscal year.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 40 1476 2. A detailed estimate of the expenses of conducting each department and office of the city for 1477 the ensuing fiscal year with reasons for the increases and decreases recommended. 1478 3. The amount of the debt of the city together with a schedule of maturities of bond issues. 1479 4. A statement showing the amount required for interest on the city debt and for paying off any 1480 bonds maturing during the year and the amount required for the sinking fund. 1481 5. An itemized statement of all anticipated income of the city with a comparative statement of 1482 the amounts received by the city from each of the same or similar sources for the last preceding and 1483 current fiscal years. 1484 6. An estimate of the amount of money to be received from taxes. 1485 7. Such other information as the city manager may think desirable or as may be required by the 1486 council. 1487 The council shall on or before the second Monday in the month of June in each year adopt a budget 1488 for the succeeding fiscal year. The council shall, so far as possible, adhere to the budget so adopted 1489 in the making of appropriations. 1490 (Amd. of 7-12-2005 (S.B. 126)) 1491 Sec. 45. Payment of claims; issuance of warrants after approval of city manager; reports by 1492 manager thereon to council. 1493 No claim against the city shall be paid except on an order on the controller/treasurer, signed by the 1494 city manager, and approved and countersigned by the mayor. The city manager shall examine all 1495 payrolls, bills and other claims and demands against the city and shall issue no warrant for payment, 1496 unless he/she finds that the claim is proper and in proper form and correctly computed. 1497 (Amd. of 7-12-2005 (S.B. 126)) 1498 Sec. 46. Annual audit. 1499 Annually in the month of July the council shall have the finances of the city and the books and 1500 accounts of the city manager and the city controller/treasurer audited by a certified accountant. 1501 As soon as practicable after such audit has been completed, the council shall cause to be made and 1502 published a report of the city's finances for the preceding fiscal year. 1503 (Amd. of 7-12-2005 (S.B. 126)) 1504 Sec. 47. General assessment; levy on utility property. 1505 The City shall cause to be made a true, just, and impartial valuation and assessment of all real 1506 property within the city, locating each parcel of real property by street and number or other 1507 description. The valuation and assessment shall be made every three years by an assessor or 1508 assessors who shall be elected by the Council at its annual meeting by majority vote thereof. An 1509 assessor must be a freeholder within the corporate limits of the city. Before entering upon the 1510 duties of office, an assessor shall be sworn or affirmed by the Mayor to perform the duties of the

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 41 1511 assessor's office with fidelity and without favor or partiality. 1512 Whenever Council shall direct, as set forth in the City Ordinance Section 102-1, all real property 1513 in the City of Dover shall be assessed by a certified independent an outside appraiser chosen by 1514 Council every three (3) years. This assessment shall be in lieu of the valuation and assessment 1515 made by a freeholder an assessor elected by Council as described hereinabove and in lieu of the 1516 assessor's duties described hereinabove. 1517 In addition to an the annual assessment every three years, the assessor or assessors shall include 1518 supplemental assessments made annually for the purposes of (1) adding property not included in the 1519 last assessment or (2) increasing or decreasing the assessment value of property which was included 1520 in the last general annual assessment. 1521 The assessment made every three years and any supplemental assessments made annually shall 1522 be made prior to the first day of May in any given year and shall be known as the general 1523 assessment. 1524 The annual assessment date for all real property shall be January 1st of each year. The 1525 assessment of all property shall be at its true value in money as of the assessment date. True 1526 value in money shall be the fair market value. 1527 The general assessment shall be set down by the assessor or assessors in two (2) or more copies, as 1528 the Council shall direct, and shall be delivered to the Council as soon as made. The Council shall, 1529 prior to the fifteenth day of May on the first day of April of each year, cause a copy of the 1530 general assessment to be posted in two (2) public places in the city for ten (10) days. The assessor 1531 shall notify the public of an appeal deadline of thirty (30) days from the date of general 1532 assessment posting. 1533 The Council may direct that appeals from any general assessment be heard by a committee, known 1534 as the Board of Assessment Appeals, of not less than three (3) Council members appointed by the 1535 Council president. The committee of Council members Board of Assessment Appeals shall sit 1536 at a stated place and time to hear the appeals of all taxpayers dissatisfied with the assessment of their 1537 properties, shall collect such information as they consider proper and necessary, and shall report their 1538 findings and recommendations to a meeting of the full Council. At the meeting of the full 1539 Council the recommendations of the committee shall be received, together with such other 1540 information as the Council shall permit or require, and the appeal of each dissatisfied taxpayer 1541 shall be heard. The Council shall have full power to correct, revise, alter, add to, deduct, and 1542 take from the general assessment. The decision of a majority of the Council members elected 1543 shall be final and conclusive. A Council member may not vote on his or her own appeal. 1544 Notice of the place and time that a committee of Council members the Board of Assessment 1545 Appeals will sit to hear appeals and of the place and time that the full Council will sit to act on 1546 such appeals shall be posted with the general assessment in two (2) public places for a period of ten 1547 (10) days. Notice of the posting of the copies of the general assessment and of the place and time of 1548 the meetings of the committee of Council members Board of Assessment Appeals and of the full 1549 Council to hear appeals shall be published in at least one issue of a newspaper published in the city. 1550 The assessment as revised and adjusted by the Council Board of Assessment Appeals or Superior

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 42 1551 Court shall be the basis for the levy and collection of taxes for the city. 1552 The Council shall have the right to levy and collect taxes on gas mains, telephone, telegraph, 1553 communications systems, or trolley poles or other erection of like character within the limits of the 1554 city, together with the wires thereon strung; and to this end the Council may at any time direct the 1555 same to be included in or added to the general assessment. 1556 Nothing contained in this section shall be deemed or held to invalidate or otherwise effect any 1557 assessment made prior to the approval of this section or any tax levied thereunder. 1558 Sec. 48. Maximum budget. 1559 The council shall in the month of June of each year determine the amount of money to be raised for 1560 the city for general purposes for the next fiscal year not exceeding two percent of the total taxable 1561 assessment for a general tax, and shall also determine the amount of money required to be raised in 1562 such year by the city for interest, sinking fund and redemption of the bonds of the city. A reasonable 1563 sum for delinquencies, discounts and costs of collection may be added by the council to the amounts 1564 aforesaid. The amounts determined as aforesaid together with any additional sum or sums authorized 1565 to be levied and collected, as in this section hereinafter provided, shall he levied and collected by the 1566 council on the property and persons assessed as aforesaid and in accordance with such assessment 1567 and according to a rate established by the council. 1568 (Amd. of 7-12-2005 (S.B. 126)) 1569 Sec. 49. Payment and collection of taxes; errors and delinquents in assessments. 1570 All taxes shall he paid to the collector of taxes. For all taxes not paid on or before July 31st in the 1571 calendar year that they are assessed, there shall be added and collected a reasonable penalty. 1572 It shall be the duty of the collector of taxes to proceed forthwith to collect all taxes unpaid by the first 1573 day of October in the calendar year that they were assessed and in the collection of said taxes he/she 1574 shall have all the powers conferred upon or vested in the Receiver of Taxes and County Treasurer 1575 for Kent County. 1576 The council shall have the authority to allow errors and delinquents in the assessment. 1577 The provisions of § 8705, title 9 of the Delaware Code shall be deemed and held to apply to all taxes 1578 laid and imposed under the provisions of this Charter. 1579 (Amd. of 7-12-2005 (S.B. 126)) 1580 Sec. 49A. Assessment, payment, and collection of taxes for new construction. 1581 In the event that the mayor and council of the City of Dover desire to collect and levy taxes on newly 1582 constructed property not taxed by virtue of the city's annual assessment, the city may enact an 1583 ordinance to do so provided that: At the beginning of each quarter of each year, there shall be a true, 1584 just, and impartial an increase in the valuation and assessment of all newly constructed real 1585 property within the city, locating each parcel of real property by street and number or other 1586 description. Property shall be deemed to be newly constructed when the city permits occupancy and 1587 use (Certificate of Occupancy) or when new construction is being used or occupied for its 1588 intended purpose. The said valuation and assessment shall be made by an assessor or assessors

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 43 1589 who shall be elected by council in accordance with the provisions set forth in Section 47 of this 1590 Charter. 1591 The aforementioned assessment shall be during the months of January, April, July, and October of 1592 each year. The aforementioned assessment shall be deemed a general assessment for all 1593 property with new construction. Any new construction with an added value of $25,000 or less 1594 shall not be realized until the next annual assessment roll. The council property owner may 1595 direct appeals from any general assessment for new construction in accordance with Section 47 of 1596 this Charter. 1597 Nothing in this section contained shall be deemed or held to invalidate or otherwise affect any 1598 assessment made prior to the approval of this section or any tax levied thereunder. 1599 All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) days of 1600 billing and those taxes not paid shall accrue a penalty in the amount of one and one-half (1½) percent 1601 per month. For every tax that is not paid as prescribed herein, the tax collector shall have all the 1602 powers conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent County. 1603 The council shall have the authority to allow errors and delinquents in the assessment. 1604 The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may from time to 1605 time be amended, shall be deemed and held to apply to all taxes laid and imposed upon the 1606 provisions of this Charter. 1607 Sec. 50. Debt limit. 1608 (a) Whenever the needs of the city shall require more money than is at the time in the city 1609 treasury from current receipts, the council shall be authorized and empowered to anticipate current 1610 revenue by borrowing such sums as shall be needed not in excess of one percent of the total taxable 1611 assessment for a general tax. The amount so borrowed shall be paid back out of current revenue 1612 received thereafter. 1613 To exercise the power aforesaid the council shall adopt a resolution to that effect, which resolution 1614 shall require the affirmative vote of at least three-fourths of all the members of the council, and the 1615 approval of the mayor. The indebtedness created under this section shall he evidenced by the bond, 1616 or note, of the city, and the faith and credit of the city shall be deemed to be pledged thereby. 1617 (b) The mayor and council is hereby authorized and empowered to borrow from time to time on 1618 the faith and credit of the City of Dover sums of money for such purposes as may be deemed 1619 necessary and proper by the mayor and council of the said city which purpose shall be consistent 1620 with the powers conferred upon the mayor and council of the City of Dover by the Charter thereof, 1621 as amended, for the management and maintenance of the said city and for these purposes the mayor 1622 and council shall have full power and authority to issue bonds of the said "City of Dover." 1623 The aggregate of the amounts so borrowed together with all other bonded indebtedness for which 1624 the full faith and credit of the City of Dover has been pledged shall not at any time exceed a sum 1625 equal to 25 percent of the total assessed value of real property situate within the bounds of the City 1626 of Dover as such boundaries shall from time to time appear. 1627 The said bonds shall be issued in one or more series, shall bear such date or dates, shall mature at

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 44 1628 such time or times, shall bear interest at such rate or rates, shall be payable at such time or times, and 1629 at such place or places, shall be in such denominations, and shall contain such other provisions as 1630 the mayor and council may provide and shall be set forth in the said bonds. Said bonds may or may 1631 not be coupon bonds and may he registered or otherwise as the mayor and council deem advisable. 1632 The mayor and council shall direct and effect the preparation and sale of said bonds at such time or 1633 times, at such price or prices, and upon such terms as the said mayor and council deem advisable, 1634 and all the monies arising from the sale of said bonds shall be used for the municipal purposes of the 1635 City of Dover specified in the resolution authorizing their issue. 1636 The form of said bonds and of any coupons which may be thereunto attached shall be as prescribed 1637 by the mayor and council, and all such bonds shall be signed by the mayor and the treasurer of the 1638 City of Dover and sealed with the corporate seal thereof. Facsimile signatures of the mayor and 1639 treasurer and a facsimile of the corporate seal may be imprinted upon such bonds and any coupons 1640 attached to said bonds in lieu of the signatures of the said mayor and treasurer in their own 1641 handwriting and of the affixing of the corporate seal itself. 1642 Said bonds of the City of Dover shall be exempt from all state, county and municipal taxes. 1643 The mayor and council of the City of Dover are hereby authorized and required to levy and raise by 1644 taxation in each and every year such sums of money as may be required to pay the interest accrued 1645 on said bonds while all or any of said bonds remain unpaid, and the said mayor and the city council 1646 are further authorized and required to levy and raise by taxation, from time to time such sum or sums 1647 of money as shall be needed to establish such sinking funds as the said mayor and the city council 1648 may at their discretion authorize for the redemption of said bonds, or any of them, at or before their 1649 maturity and such sum or sums of money as shall be required to otherwise redeem any or all or said 1650 bonds at or before their maturity. Taxes for interest and for redemption of said bonds shall be levied 1651 and raised as taxes for general municipal purposes in the said city are levied and raised and shall be 1652 in addition to those levied and raised for any and all other municipal purposes. 1653 A statement appearing in the bonds issued under the provisions of this section to the effect that the 1654 bonds have been duly authorized shall be deemed and held to be conclusive evidence in favor of the 1655 lawful holder of any such bonds that the terms and conditions of this section have been fully met and 1656 complied with. 1657 (c) Bonds may he authorized and issued pursuant to subsection (b), without a referendum vote, 1658 by a resolution of the council which shall have the affirmative vote of three-fourths of the members 1659 thereof and the approval of the mayor, for the following purposes: 1660 (i) To finance public storm sewers, streets and appurtenances provided that no more 1661 than $1,000,000.00 aggregate principal amount of bonds may be issued at any one time 1662 pursuant to this clause (i) and any new bonds issued pursuant of this clause (i) may not cause 1663 the total aggregate principal amount of bonds outstanding at any one time pursuant to this 1664 clause (i) to exceed one percent of the total taxable assessment for a general tax at the time 1665 such new bonds are issued; and 1666 (i) To finance public storm sewers, streets and appurtenances provided that 1667 no more than 1/4 of one percent (.25%) of taxable assessed value of real property 1668 of aggregate principal amount of bonds may be issued at any one time pursuant 1669 to this clause and any new bonds issued pursuant to this clause may not cause the

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 45 1670 total aggregate principal amount of bonds outstanding at any one time to exceed 1671 one percent of the total taxable assessment for a general tax at the time such new 1672 bonds are issued; and 1673 (Adopted by City Council February 26, 2009) 1674 (ii) To refund bonds secured by the city's full faith and credit, prior to their stated 1675 maturity, provided that (A) the present value of the aggregate principal and interest payments 1676 of the refunding bonds are not greater than the present value of the aggregate principal and 1677 interest payments on the bonds to be refunded determined by discounting at the effective 1678 interest rate on the refunding bonds, calculated based on the internal rate of return: and (B) 1679 at the time of issuance of the refunding bonds there are deposited in escrow, pledged to 1680 secure the refunded bonds, sufficient monies and/or direct obligations of, or obligation the 1681 principal of and interest on which are guaranteed by, the United States government, which, 1682 without regard to any reinvestment earnings, will be sufficient to pay when due all interest, 1683 principal and redemption price on the refunded bonds at maturity or upon earlier call for 1684 redemption. 1685 (d) Except for bonds issued pursuant to subsection (c) hereof, all bonds issued under the 1686 provisions of subsection (b) shall first be approved by a referendum vote of the qualified voters (as 1687 herein defined) of the City of Dover. 1688 Notice of the holding of such referendum election shall be authorized by resolution of the mayor and 1689 council, published once a week, for at least three consecutive weeks in at least one newspaper 1690 circulated in the City of Dover, Delaware. Such notice shall be set out in summary form the amount 1691 and purposes of such bond issue, the date and place of holding the referendum election and the hours 1692 the polls will be open. 1693 At said referendum election "qualified voter" shall mean every natural person who is a resident or 1694 a nonresident taxable of the city, of the age of 18 years or upwards. Each qualified voter shall be 1695 eligible to vote and shall have one vote. 1696 The city assessor or his/her designee shall attend the election with the last city assessment and tax 1697 payment records for the inspection of the election officers. The referendum election shall be held at 1698 such date as the mayor and council shall designate. The referendum election shall be held at such 1699 suitable place in said city as the mayor and council shall designate in said published notice. The polls 1700 shall be open from 7:00 a.m. (local time), and shall close at 8:00 p.m. (local time). The judge of the 1701 election shall, in the case of a tie vote on the bond issue, cast the deciding vote, otherwise judge of 1702 the election shall refrain from voting, but the election clerks may vote. 1703 The total votes cast for and the total votes cast against the bond issue shall be certified as correct by 1704 at least two of the election officers and delivered to the mayor, or to the clerk of council immediately 1705 after the total vote count has been certified. 1706 The mayor and council shall at the next regular meeting after the election, or at a special meeting, 1707 receive the results of the referendum election and make the same a part of the minutes of said 1708 meeting, whereupon if a majority of the votes cast were for the bond issue bonds herein provided for 1709 may be issued and sold as provided in subsection (b), but if at such referendum election the majority 1710 of the votes cast were against the bond issue, then no bonds shall be issued nor shall any money be 1711 borrowed pursuant to the resolution submitted to the referendum.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 46 1712 (e) In addition to the power otherwise granted in this section, the mayor and council may issue 1713 special assessment revenue bonds to finance those public projects for which the city may levy and 1714 collect special assessments pursuant to section 28 of this Charter. Such bonds shall not obligate the 1715 faith and credit of the city, but shall be payable solely from the proceeds of the special assessments 1716 which are pledged to the payment thereof. Such bonds shall be authorized without a referendum vote 1717 by a resolution of the council which shall have the affirmative vote of three-fourths of the members 1718 thereof and the approval of the mayor. 1719 (f) After authorization of the sale of bonds as provided in this section and in anticipation of the 1720 sale and issuance of said bonds, the mayor and council may borrow money and issue notes of the city 1721 for the purpose and to the extent of the amount of bonds authorized to be sold, less the amount of 1722 any bonds theretofore issued under such authority. The said borrowing shall be authorized by a 1723 resolution of the council which shall have the affirmative vote of three-fourths of the members 1724 thereof and the approval of the mayor, and the note or notes thereby authorized shall be signed by 1725 the mayor and treasurer of the city. When issued and signed in accordance with this subsection (f), 1726 the faith and credit of the city shall be deemed to be pledged for the repayment of all said notes, 1727 except those issued pursuant to subsection (e) hereof. 1728 The note or notes issued in anticipation of a bond issue may be renewed from time to time, but the 1729 proceeds of the sale of such bonds shall, to the extent necessary, be first used to pay and retire such 1730 notes. Said notes may be deemed at par and accrued interest at any time prior to their maturity if the 1731 right so to do shall have been reserved. 1732 (g) For the purposes of the debt limitations prescribed in this section, (i) any bonds which have 1733 been refunded pursuant to subsection (c)(ii) shall be treated as no longer outstanding; and (ii) bonded 1734 indebtedness, principal amount of bonds and bonds outstanding shall be determined without regard 1735 to original issue discount. 1736 (Amd. of 7-12-2005 (S.B. 126)) 1737 ARTICLE V. MISCELLANEOUS PROVISIONS 1738 Sec. 51. Trees. 1739 Trees being among the chief beauties of the city, and their preservation requiring that they be treated 1740 with special care and intelligence, the city manager is empowered to appropriate annually an amount 1741 of money adequate for their care and preservation. The city manager may he given authority to take 1742 necessary or appropriate action to prevent injuries to trees from electric wires or from any other 1743 source or cause whatsoever, and to combat the pests and diseases to which they are subject, and 1744 when necessary to employ tree experts provided that they do not exceed the appropriation made by 1745 the council. 1746 (Amd. of 7-12-2005 (S.B. 126)) 1747 Sec. 52. 1748 This section intentionally left blank. 1749 Sec. 53. Police; mayor to be conservator of peace. 1750 There shall be a city police force, the number thereof and their salaries shall be determined by the

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 47 1751 council, but they shall be chosen and appointed by the mayor. The mayor is hereby vested with all 1752 the powers of a conservator of the peace within the city limits. The mayor shall appoint a chief of 1753 police subject to removal at any time by the mayor in accordance with applicable laws. The members 1754 of the police force shall be subject to his/her direction and orders delivered through the proper chain 1755 of command and in accordance with applicable laws and ordinances. They shall preserve peace and 1756 order, and compel obedience within the city limits to the ordinances of the city and the laws of the 1757 state. They shall have such other duties as the council and the mayor shall prescribe by ordinance. 1758 Each member of the police force shall be vested with all the power and authority within the city 1759 limits and within one mile outside of said limits, (and, in the case of the pursuit of an offender, 1760 without limit) of a constable of Kent County. 1761 (Amd. of 7-12-2005 (S.B. 126)) 1762 Sec. 54. City solicitor. 1763 At the annual meeting the council shall elect a city solicitor for the term of one year or until his/her 1764 successor has been duly chosen and qualified. 1765 The city solicitor may be removed during his/her term by a vote of three-fourths of the members 1766 elected to the council. 1767 The city solicitor shall be an attorney at law who shall have practiced in the State of Delaware for 1768 at least five years. The city solicitor shall be the chief legal adviser of and attorney for the city. It 1769 shall be his/her duty, either personally or by such assistants as they may designate, to attend meetings 1770 of the council; to give advice in writing, when so requested, to the council or the city manager to 1771 prosecute or defend, as the case may be, all suits or cases to which the city may be a party; to 1772 prosecute for all offenses against the ordinances of the city and for such offenses against the laws 1773 of the state as may be required of him/her by law; to prepare all contracts, bonds and other 1774 instruments in writing in which the city is concerned, and to endorse on each his/her approval of the 1775 form and correctness thereof; and to perform such other duties of a legal nature as the council may 1776 by ordinance require. In addition to the duties imposed upon the solicitor by this Charter or required 1777 of him/her by ordinance or resolution of the council he/she shall perform any duties imposed upon 1778 the chief legal officers of municipalities by law. 1779 At the annual meeting the council shall elect a deputy city solicitor for the term of one year or until 1780 his/her successor has been duly chosen and qualified. The deputy city solicitor shall be an 1781 attorney-at-law entitled to practice law in the State of Delaware, and shall serve in such manner as 1782 shall be determined by the city solicitor to be necessary and proper. 1783 (Amd. of 7-12-2005 (S.B. 126)) 1784 Sec. 55. Powers of Town of Dover or town council conferred on city or city council. 1785 All powers conferred upon or vested in the Town of Dover and or the Town Council of the Town 1786 of Dover by any act or law of the State of Delaware not in conflict with the provisions of this 1787 Charter, are hereby expressly conferred upon and vested in the City of Dover and or the mayor and 1788 council of the City of Dover, precisely as if each of the said powers was expressly repeated in this 1789 Charter. 1790 (Amd. of 7-12-2005 (S.B. 126)) 1791 Sec. 56. Ordinances passed by town council continued in effect.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 48 1792 All ordinances adopted by the Town Council of the Town of Dover and in force at the time of the 1793 approval of this Charter are continued in force until the same or any of them shall be repealed, 1794 modified or altered by the city council under the provisions of this Charter. 1795 (Amd. of 7-12-2005 (S.B. 126)) 1796 Sec. 57. Officers of town to be initial city officers; prior actions of town council ratified. 1797 The mayor and members of council at the time of approval of this enactment of this Charter shall 1798 retain their elected terms of office until re-elected or failure to be re-elected under the provisions and 1799 terms established herein. 1800 All the acts and doings of the Council of the Town of Dover or of any officials of the said town 1801 lawfully done or performed under the provisions of any law of this state or of any ordinance of the 1802 council of the said town, prior to the approval of this Charter are hereby ratified and confirmed. 1803 (Amd. of 7-12-2005 (S.B. 126)) 1804 Sec. 58. Debts due to town to be due to city; impairment of bonds. 1805 All taxes, debts, fines or penalties and forfeitures due the Town of Dover shall be deemed to be due 1806 the City of Dover, and all debts due from the said Town of Dover shall be deemed to be debts of the 1807 City of Dover, and the same imposed under the provisions of this Charter shall be deemed to apply 1808 and extend to all unpaid taxes imposed by the Town Council of Dover. 1809 The bonds given by or on account of any official of the Town of Dover shall not be impaired or 1810 affected by the provisions of this Charter. 1811 (Amd. of 7-12-2005 (S.B. 126)) 1812 Sec. 59. Printed copies of ordinances and resolutions to be proper evidence. 1813 Printed copies of the ordinances and resolutions of the City Council of Dover, published by authority 1814 of the council, shall be admitted as evidence thereof in all courts, and in pleading it shall not be 1815 necessary to recite or draw them out at large. 1816 (Amd. of 7-12-2005 (S.B. 126)) 1817 Sec. 60. Repeal of prior acts. 1818 All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter are hereby 1819 repealed. 1820 (Amd. of 7-12-2005 (S.B. 126)) 1821 Sec. 61. Severability. 1822 If any part of this Charter, as it may from time to time be amended, are held to be unconstitutional, 1823 such holding shall not be deemed to invalidate the remaining portions of this Charter or amendments 1824 thereto. 1825 (Amd. of 7-12-2005 (S.B. 126)) 1826 Actions History 1827 February 23, 2009 - Introduced at LF&A Committee

ATTACHMENT #2 LF&A Committee Meeting of 02/23/2009 Revised Training, Conference & Travel Policy Page 1 CITY OF DOVER TRAINING, CONFERENCE & TRAVEL POLICY A. INTRODUCTION 1. Purpose The purpose of this policy is to provide guidelines under which City of Dover employees, public officials, and appointees will be reimbursed for authorized travel expenses incurred in the conduct of business for the City of Dover, hereinafter referred to as “City.” In addition to the guidelines, specific procedures with regard to incurring and reporting related expenses are provided. 2. Scope This policy shall apply to employees of the City of Dover, elected officials, boards, commissions and others, who are engaged in authorized travel and who expend City funds for travel purposes. The Mayor and Members of City Council are not required to submit a Travel Authorization and Completion Form, but are required to follow the financial and budget requirements of this policy. While this policy does not cover every possible situation, it establishes adequate guidelines for employees and officials to make appropriate and consistent judgments regarding the expenditure of City funds for reimbursable expenses. Please note the City of Dover will provide flexibility to meet the special needs and requirements of their employees during travel. It remains the responsibility of city management to control and approve travel-related expenditures. The City Manager and Controller/Treasurer may impose more stringent rules when deemed appropriate or necessary. The City Manager and Controller/Treasurer will review every three years the implementation of this Policy and will provide policy interpretations and assistance to ensure effective and efficient implementation. Any exceptions will be subject to approval by the City Manager and Controller/Treasurer. Exceptions will only be made in particular cases where adequate justification is presented. The City Manager and Controller/Treasurer may also, on a case-by case basis, approve reimbursements exceeding the guideline amounts referenced in this policy. In any such instance, a detailed explanation and substantiation (a receipt) is required. Enforcement of this policy will be the responsibility of the Controller/Treasurer. 3. Responsibility a. Employee, Public Official, or Appointee · Comply with all provisions of this policy. · Obtain the necessary approvals in advance for overnight travel and out-of-state use of City vehicles. Provide a copy of the approval with the travel prepayment made by direct voucher. · All expenses incurred in the course of City business are to be in accordance with the City’s Administrative Policies and Rules of Ethics and must be paid solely from appropriated funds. · Comply with the ten (10) working-day rule.

Revised Training, Conference & Travel Policy Page 2 b. Department Director/City Manager/Council Designee · Ensure compliance with this policy. · Review and approve each of their employees/official’s travel approval requests and reimbursable expenses. · Ensure sufficient funds are available for all anticipated expenses. c. Signatures on the Travel Expense Report certify that the expenses were incurred by the employee/official requesting reimbursement for official City business, are reimbursable in accordance with this policy, and have not been reimbursed except as indicated on this form. Required signatures for expenses are: · Employee · Supervisor · Department Director or Council Designee B. TRAINING AND CONFERENCE REGISTRATION FEES 1. Request for payment of registration fees shall be accompanied by the registration form. 2. City Council, Planning Commission and the Mayor are offered opportunities to attend courses designed for governmental officials. Any member of Council wanting to take advantage of these courses offered by the following organizations will submit to the City Clerk’s office their request for registration. - Delaware League of Local Governments - National League of Cities - US Conference of Mayors - International City Managers Association - Government Finance Officers Association (GFOA) - American Public Power Association (APPA) - American Public Works Association (APWA) - American Planning Association - Organizations that provide Continuing Education credits for professional license renewals of applicable staff. Any courses not offered by these organizations will be submitted to the City Manager and Controller/Treasurer for concurrence. C. TRAVEL AUTHORIZATION All out-of-state travel that extends beyond one day shall be approved by the City Manager or Council Designee. All requests shall be made on the "Travel Authorization and Completion Form” (City of Dover - Form 047). A copy of the conference or meeting program must be attached to the form. The authorization form must be submitted to the City Manager or Council Designee in a reasonable amount of time prior to the traveling day.

Revised Training, Conference & Travel Policy Page 3 The Department Director, City Manager, or Council designee may impose specific requirements as to the time the authorization form must be submitted prior to travel. Employees and Officials traveling on official City business should be aware that the approval is for travel only, and is not a blanket approval of the expenses incurred. A travel packet including the authorization form, the meeting program/itinerary, and the purchase orders for advanced costs must be submitted to the Accounts Payable Department. The Purchase Orders for the advanced costs should include the necessary supporting documentation. It does not require the submission of duplicate information. Please note Purchase Orders for Registration costs must include the Registration form unless previously submitted; submission for Hotel and airfare costs must include documentation of the individual costs unless previously submitted. D. TRANSPORTATION: COMMON CARRIER 1. General All trips requiring the use of common carrier must be pre-approved by the appropriate approval authority. The mode of travel must be justified on the basis of the most economical use of time of the personnel involved, the cost of optional travel modes, and the requirements of the trip. All common carrier reservations must be consistent with reasonable business travel planning, common carrier will be booked at the lowest available fare. If the lowest available fare is turned down by the traveler, the traveler's explanation for the denial is to be provided with the travel authorization request. Travelers should be advised to make travel reservations as far in advance as possible to attain the lowest fares, including non-refundable tickets. Travelers may not specify particular airlines or other carriers to accumulate mileage on promotional plans such as frequent flyer programs. In order to take advantage of special discount rates (supersaver fares, etc.), or reimbursement to an employee may be made prior to a trip being taken under the following conditions: a. Documentation of the substantial savings that will accrue to the City (e.g., supersaver discounts). b. Employee's proof of payment on a statement from the airline, other than credit card receipts. Most airlines will not give refunds or partial refunds for supersaver airfares. It is encouraged to examine the advantage of fares requiring early trip departure or delayed return. However, it is important to consider the additional cost of meals and lodging for the required extra day(s) stay when comparing cost.

Revised Training, Conference & Travel Policy Page 4 2. Air Travel a. Accommodations - When commercial airlines are used as a mode of travel, accommodations shall be coach/economy class unless some other class accommodations are more economical. b. Routing of Travel - All travel will be by the most economical and direct routes. In the event that a person travels by an indirect route for personal convenience, the extra expense shall be the responsibility of the individual. Reimbursement for expenses shall be based only on the cost of the most economical and direct route. c. Conference Airfare Arrangements When attending a conference, always check conference materials to see if special airline discounts are offered. When a special airline discount rate is offered and conferees are instructed to go directly to an airline or to obtain the discount fare, the employee should compare the conference rates through the internet with all other airline rates available before scheduling airline reservations. The employee should always book the lowest fare possible. (See Section E.3. for Conference Lodging Arrangements). 3. Rail Travel 1. Accommodations When it has been determined that rail travel is the most appropriate mode of transportation, the most economical class accommodations shall be utilized. E. TRANSPORTATION: PASSENGER VEHICLES 1. City-Owned Vehicles City-owned vehicles should be utilized for both in-state and out-of-state travel when such use is the most practical and economical mode of transportation, including the cost of tolls, fuel and parking. 2. Use of Privately-Owned Vehicles a. The use of privately owned vehicles for any City travel (both in state and out-of- state) should only be used when a City Vehicle is not available. The use of a privately owned vehicle for City travel shall require the prior approval of the City Manager and Department Director. Reimbursement of private vehicle expenses shall be at the Standard Mileage Rate as set by the federal government for actual and necessary miles traveled. Beginning and ending odometer readings are required for the reimbursement for mileage. b. In considering approval for use of personal vehicles, the approval authority shall take into consideration the cost of alternative modes of travel and the cost of meals

Revised Training, Conference & Travel Policy Page 5 and lodging for the additional travel/transit days. Mileage reimbursements shall not exceed the cost of airfare plus travel to/from the airport. c. When two or more employees travel in a privately owned vehicle, only one mileage reimbursement will be allowed. 3. Rental Cars a. General The use of a rental car when traveling out of state must be justified as an economical need and not as a matter of personal convenience. Prior Approval by the City Manager is required before arranging for car rental. All rentals should be at the most economical rate per day including government rates or special rate agreements. When traveling in groups, sharing of cars, when practical, must be done to minimize costs. The city will not pay for the use of a rental car to accommodate family members or non-business associates traveling with the employee, public official, or appointee. b. Vehicle Size Whenever possible, compact cars shall be rented or reserved. However, if a larger size vehicle is more economical or more than two city travelers are traveling together the larger vehicle may be appropriate. Any representative of the City requesting an upgrade of the size of a rented vehicle shall provide a written explanation of their reasons to the City Manager. A receipt is always required. c. Insurance (1) The optional insurance coverage offered by the car rental agency must be declined when the traveler charges the rental car. The traveler will automatically receive primary coverage under the City blanket insurance policy for travel. When insurance is declined, the policy covers collision damage, theft, fire and vandalism. Reimbursements for additional or optional insurance coverage will not be allowed. (2) Other. Travelers not covered under the blanket insurance policy may be covered by their personal automobile insurance policy or other personal credit cards. Travelers should check their automobile policy and credit card policy for business travel coverage and accept or decline additional coverage accordingly. Reimbursement for additional or optional insurance coverage will not be allowed. d. Refueling Before Return To avoid a refueling surcharge, all rental cars shall be refueled before returning the vehicle to the rental company. Any surcharges billed to the employee, public official, appointee, or City shall be explained in the reimbursement request.

Revised Training, Conference & Travel Policy Page 6 e. Reservations Approved car rental reservations shall be made in advance whenever possible. The employee should compare car rental rates and always look to reserve the lowest rental. F. LODGING 1. General City travelers are expected to seek accommodations that are comfortable, convenient, meet business and personal needs and offer good value. Employees are expected to compare local lodging rates in the area prior to reserving lodging. 2. Accommodation a. Lodging accommodations for reasonably priced single occupancy rooms are reimbursable when the traveler is away from home overnight due to official travel. b. Accommodations shared with family members or others not on official City business are reimbursable at the single occupancy rate only. c. Accommodations shared with other City travelers should be billed and reimbursed to one traveler. When required, reimbursements to more than one traveler shall be based on a pro rata share as reported on each reimbursement request. 3. Conference Lodging Arrangements When hotel rooms are blocked for a conference, seminar, etc., and a special discounted conference hotel rate provided, the employee/official should compare conference rates with the rates for other local hotels within walking distance of the conference. The employee is urged to reserve hotel accommodations that offer the best value to the City. This includes conference rate, government rate or lower rate, for the employee/official. If a lower rate is not available, the conferees should make their lodging arrangements directly utilizing the conference instructions. 4. Occupancy Tax The City is exempt from the tax on occupancy of hotel, motel and tourist home rooms within Delaware only. When instate overnight accommodations are necessary, the employee should be provided with a copy of the Occupancy Tax Exemption Certificate (see Exhibit C) to be presented to the lodging facility. Tax on occupancy of hotels in other states must be paid. G. MEAL ALLOWANCES 1. General The City will pay for or reimburse an employee/official for the necessary and reasonable cost of meals and incidental expenses incurred during out of state travel requiring overnight lodging.

Revised Training, Conference & Travel Policy Page 7 Additional meal costs incurred over and above those provided as part of a conference or registration fee are not reimbursable, unless justified as a special circumstance and approved by the City Manager and Controller/Treasurer (e.g. special meeting or diet restrictions). Exceptions are to be pre-approved by the City Manager and Controller/Treasurer. There will not be any reimbursement for meals when the meals are provided as part of the conference/training or by the host organization and when meals are provided as part of the airfare. There are no exceptions to accommodate employee meal preference. Only per diem rates as prescribed by the Federal Government for official travel will be provided for M I &E Allowance (Exhibit A). If an employee is traveling partial days on any calendar day, the City will prorate the applicable M & IE rate at 75 percent. This applies to both day of departure and day of return. Partial travel days begin when an employee leaves Dover after 12:00 noon on the day of departure and returns to Dover by 5:00 PM on the day of arrival. When meals are provided at the conference or by the host, the meal allowance will be reduced by 25% for each meal provided. Continental Breakfast provided by the hotel or at the conference is counted as a meal, unless justified as a special circumstance and approved by the City Manager and Controller/Treasurer (e.g. special meeting or diet restrictions). 2. Day Trips, In-state Travel and Before or After Hours The meal allowance for day trips out of the City will reimbursed at actual cost, as long as it does not exceed 25% of the normal per diem per the M I &E Allowance (Exhibit A). The meal allowance for working before or after hours as a general rule are not encouraged, but may be approved by the City Manager and/or Controller/Treasurer on a case-by-case basis. At no time can the amount exceed the allowances established. H. CASH ADVANCES General/Blanket travel advance checks will not be issued to employees, public officials, or appointees. Employees, public officials, and appointees will be reimbursed for specific travel related expenses after the trip or event has been completed. The City will pay specific travel and lodging costs in advance as long as the request deadlines are met. Employees, public officials, and appointees shall use City purchase order when requesting travel cost advances. Department Directors should use their City credit card for business travel. Directors may approve the use of their departmental travel credit card when arranging employee travel. Under urgent situations and with prior approval, employees and officials can also use a personal credit card and request reimbursement when they return.

Revised Training, Conference & Travel Policy Page 8 The City will pay in advance the following costs: Please note: A travel packet including the Travel authorization form, the meeting program/itinerary, and a purchase order for the advanced costs listed below must be submitted to the Accounts Payable Department no later than 12 days prior to the event. a. Conference/Training registration fees. Such payment will be made payable and mailed directly to the organization. This will be done through a purchase order submitted by the department upon receipt of the approved Travel Authorization Form. A copy of the registration form describing the specific event must be attached to the purchase order. The Employee Travel packet must be submitted to Accounts Payable prior to/or along with the purchase order request for advance travel expenses. b. Airfare. Airfare is normally reserved on-line through the internet and paid with a City credit card after travel approval has been received. See City Credit Card Policy. c. Lodging. Upon receipt of the approved Travel authorization form, the department may submit a purchase order for lodging. The check will be made payable to the hotel and will be given to the person for whom the lodging arrangements are made. The department must provide supporting documentation including the daily lodging rates and applicable taxes along with the purchase order. Lodging reservations can be held with the use of a City Credit Card. See City Credit Card Policy d. Meal allowance. An advance for the M&I E Allowance, which includes both meals and incidental expenses, will be permitted for meals not provided by the conference or training as indicated in Section G (1) above. Only per diem rates as prescribed by the Federal Government for official travel will be provided for M&I E Allowance (Exhibit A). I. TRAVEL EXPENSE REIMBURSEMENT 1. General A Travel Expense Report (City of Dover Form 30b) is due to Accounts Payable within ten (10) working days after travel or an expense is incurred. (Ten working-day rule) a. Timely reimbursement can be assured only if an accurate, properly substantiated Travel Expense Report is received in Accounts Payable ten (10) working days after completion of the trip. b. Failure to submit timely Travel Expense Reports after the completion of a trip will result in administrative action, such as notification to the Department Director and denial of future travel requests. Travel Expense Reports for local travel and related expenses are to be submitted monthly. In no case shall a reimbursement be made to an employee for travel/conference/training related expenses incurred in excess of 90 days.

Revised Training, Conference & Travel Policy Page 9 Note: This section pertains to only those travel expenses paid by the traveler; not to travel expenses directly billed to/paid by the City. 2. Receipt Requirements and Other Reimbursement Criteria a. Tickets booked on common carriers (airline, rail or bus) require original copy of the paid invoice or email confirmation containing total travel costs for arrangements booked on-line. b. Hotel/motel bills shall be the original copy of hotel/motel billing marked paid. c. Ground transportation, including airport shuttle, taxi or public transit requires a receipt. d. Car rental reimbursements require paid invoice from the rental company. e. Meals do not require receipts and are not reimbursable above the maximum daily/partial day per meal allowance. Tips are included in the M I&E Allowance and will not be reimbursed separately. When more than one City employee, public official, or appointee’s meals are being reimbursed, each employee must submit a separate Travel Expense Reimbursement, including a receipt from the dining facility attached. f. Hotel/motel related expenses should be documented identifying the date and the cost for each category with the following requirements: (1) Out-of-pocket costs for incidental items such as tips, baggage handling and maid service are not individually reimbursable by the City of Dover. Costs included under this category are included in the MI& E per diem rate. Only per diem rates as prescribed by the Federal Government for official travel will be provided for MI& E allowance. (Exhibit A) (2) City-business related telephone calls are reimbursable as incurred and require a receipt from the telephone service provider or included on the hotel/motel billing invoice. g. Lodging at campgrounds using traveler’s camper or recreational vehicle is reimbursable at the actual cost, not to exceed the equivalent cost of hotel/motel lodging. Receipt is required. h. Other Categories Reimbursement for the following categories should be submitted on a schedule identifying the date, the cost and the category. All supporting receipts must be attached:

Revised Training, Conference & Travel Policy Page 10 1) The City will reimburse employees for Hotel and airport self-parking. The City encourages all employees to seek ‘economy and budget parking’. 2) The City will not reimburse employees for Valet parking. 3) The City will reimburse employees the cost of tolls for interstates, turnpike, bridges and/or ferries. All travel expenses require a receipt. i. Gasoline and/or Other Supplies Need for emergency repairs incidental to using a City-owned vehicle shall require a Vendor receipt. j. Reimbursements for travel expenses incurred without required receipts, as outlined, is strictly prohibited. A "no receipt - no reimbursement" policy applies. k. Prior Department Director approval is required to receive reimbursement for Internet Access Costs for city business. These costs must be substantiated with receipts and validation by the Information Technology Department. l. While traveling overnight out-of-state, the City will reimburse employees for the cost of up to two (2) personal telephone calls not to exceed $8 per trip. A receipt is required for reimbursement. 3. Non- Reimbursable Expenses The City shall not reimburse expenses for the following: a. Alcoholic beverages. b. In-room movies or pay television. c. Theater tickets or nightclub entertainment. d. Laundry. e. Babysitting. f. Related expenses of spouse, children and other persons accompanying the authorized employee/official. g. Pleasure, historic or other tour related expenses. Expenses for business related tours would be reimbursed. h. Donations and gifts made while at training, conference, or meeting. i. Loss or damage of personal items. j. Meals for other conference attendees. k. Purchase of personal items. l. Any parking or moving violation fines. m. Any personal or pleasure travel while on City business. n. Valet parking, unless required for medical reasons. J. CHARTER AND CODE OF CONDUCT All City of Dover policies are subject to the City of Dover Charter Part 1, Subpart A, Article II, Section 12 “Compensation and expenses - Mayor and Council and other elected or appointed

Revised Training, Conference & Travel Policy Page 11 officials”, whereas, “Members of the council, mayor and other elected or appointed officials shall receive reimbursement for actual and necessary expenses incurred when on official business as prescribed by city ordinance or policy” and; Part II Code of Ordinances Chapter 2, Article 1, Division 4 “Code of Conduct”, which is “applicable to all elected and appointed officials and to all employees of the City of Dover.” K. INTERNAL REVENUE CODE - DEFINITION OF PUBLIC OFFICIAL Generally, if there is any provision in a public law which authorizes the employment of the individual, and the individual is hired or elected under this authority, the individual is considered an employee of the State or political subdivision to which the provision applies. The following factors indicate that an office is a “public office.” The office was created by the constitution or through legislation, or by a municipality or other body with authority conferred by the legislature. The office was delegated a portion of the powers of the government body. The powers conferred and the duties to be discharged are defined either directly or indirectly law or through legislative authority. The duties are being performed independently and without control of a superior power other than the law. The office has some permanency and continuity, and the officer takes an official oath. Examples of public officers are: the president and vice president; a governor or mayor; the secretary of state; a member of a legislative body, such as a state legislature, county commission, city council, school board, a judge; a justice of the peace; and members of advisory boards and committees. L. REVIEW & REVISION The City of Dover Travel Policy will be reviewed every three years by the City Council, City Manager, Controller/Treasurer and City Clerk. EXHIBITS Exhibit A - General Service Administration Regulations - Per Diem Rates Travel Rates for Continental United States Exhibit B - City of Dover Exemption Certificate Form ADOPTED:

ATTACHMENT #3 LF&A Committee Meeting of 02/23/2009 Council Presentation for Review and Evaluation of the PFP Evaluation System (Part 2 of 2) City of Dover, Delaware February 23, 2009 Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Overview of Presentation: ¾ Overall Study Questions ¾ Approach: Steps in the Study ¾ Current System: Study Findings ¾ Key Study Recommendations ¾ Examples Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Overall Study Questions ¾ How well has the performance evaluation system worked? ¾ Is the appeal process working? ¾ Have there been a high number of appeals? ¾ Is the training adequate? ¾ Does the system help to retain/recruit employees? ¾ What changes are needed? Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Approach: Steps Taken in the Study ¾ Management and Employee Meetings ¾ Review of Pay for Performance forms ¾ Research on various performance systems ¾ Report Development Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Current System: Study Findings ¾ Includes comprehensive policies, instructions, and forms. ¾ System is more comprehensive than most cities. ¾ It is a relative system (how employees perform relative to one another). ¾ Supervisors must complete evaluations before receiving any increase. ¾ Increases are a function of position in pay grade, score, and current salary. ¾ Use of “below market and above market” as factors. Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Key Study Recommendations Evaluation Criteria: ¾ Change “Good” to “Meets Expectations” on the evaluation form. ¾ Change “Acceptable with Some Improvements Needed” to “Improvement Needed”. ¾ Change “Outstanding” to “Results Rarely Achieved by Others”. Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Key Study Recommendations cont… Process… ¾ Adopt a statistically recognized process for comparing performance appraisal scores between and among raters. ¾ Hold up all adjustments until all supervisors have completed and submitted their evaluations to the Human Resources Department. ¾ Publish on the City’s intranet a list of those supervisors who have not submitted a completed evaluation. Make accurate and timely completion a key supervisory element of review. Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Key Study Recommendations cont… Process… ¾ Continue the current process for appeals. ¾ For employees above the max, the City should consider providing any amount in a one-time lump-sum payment that does not roll into the base salary. Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Key Study Recommendations cont… Establishing Adjustment Values: ¾ Base the movement within the pay grade on “normal progression” for employees who “Meet Expectations” to reach midpoint in 10 years. ¾ Use the arithmetic midpoint of the position’s assigned pay grade as the basis for calculating potential performance adjustments. ¾ Establish range of adjustments from zero (0) through -- an annually determined percentage amount for “Results Rarely Achieved by Others” (dependent on funding available) Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Example of Adjustment Values: ¾ If the City makes a 3% structural adjustment to the pay structure, the following set of adjustments would occur: PFP Score Rating Adjustment as a % of midpoint. 0 – 19 Unsatisfactory 0 20 – 29 Needs Improvement 1% 30 – 35 Meets Expectations 3% 36 – 41 Commendable 4% 42 – 50 Results Rarely 5% Achieved by Others Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Example (with 2% structure adjustment) Position Grade Score Midpoint % Increase Computer Operator 113 38 (Commendable) $36,989 3 $1,109.67 GIS Technician 113 32 (Meets) $36,989 2 $ 739.78 Management Advisory Group, Inc.

City of Dover - Review and Evaluation of the PFP Evaluation System Example of Three Employees with Varying Experience Each in Same Pay Grade with Midpoint of $37,000 All with Evaluation of “Meets Expectations” or 2% Adjustment based on % of Midpoint Experience Current Sal. $ Increase New Sal. % of Current New Employee $29,000 $ 740 $29,740 2.55 10 Year Employee $36,000 $ 740 $36,740 2.05 15 Year Employee $43,000 $ 740 $43,740 1.72 Management Advisory Group, Inc.