LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE

The Legislative, Finance, and Administration Committee meeting was held on November 9, 2004, at 5:07 p.m. with Chairman Salters presiding. Members present were Mr. Hogan, Mr. Slavin, Mr. Shevock, and Mr. Shelton. Members of Council present were Mr. Sadusky, and Mr. Ruane. Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONS

Mr. Slavin moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried.

REVIEW OF CITY CHARTER

During their meeting of October 11, 2004, members were provided proposed amendments to the City Charter prepared by Mayor Speed who served as Chairman of the Legislative, Finance, and Administration Committee during the early part of the year when the committee discussed proposed Charter and Code Amendments. After much discussion, members recommended that workshop hearings be scheduled to allow for discussion of the Charter review and that the City Clerk provide members with a complete copy of the current Charter with the reincorporation amendments included (to contain page and line numbers for reference purposes), a separate document that contains comments, including those that have been compiled by the Mayor (previously provided to members for their meeting on October 11, 2004), as well as any other necessary documents. As a result, workshop sessions were scheduled to be held every Tuesday, beginning November 9, 2004, from 5:00 p.m. to 7:00 p.m.

The City Clerk provided members a binder of the requested information (as on file in the Office of the City Clerk). Members were also provided The Model City Charter - 8^th Edition published by the National Civic League.

As new members of Council, Mr. Hogan and Mr. Slavin relayed concerns with the process, and questioned what the review is intended to do, what its purpose is, what outcome is desired, and when. After reviewing the material, Mr. Hogan stated that there was no apparent consensus for any of the suggested amendments and that he was not convinced that any changes are necessary at this time with the exception of the reincorporation amendments. He suggested that the reincorporation amendments be reintroduced by our legislators, and once approved, then the City should determine if it still desires to go through the Charter review process. If so, members should determine how that would be accomplished, which he felt should be done by appointing a group of citizens to conduct the review and present recommendations for Council’s consideration.

Mr. Ruane noted that there are non-controversial and non-political amendments that should be considered, explaining that there are sections of the Charter that do not coincide with the current City policy. Concurring, Mr. DePrima explained that there are sections of the Charter that are not followed by the City or there may be a state law that supercedes the Charter. Mr. Ruane also stated that there is very good information contained in the Model City Charter - 8^th Edition that the City of Dover should consider adopting.

Members were advised that there is some concern by our local legislators regarding the reincorporation (previously known as H.B. 59) as it relates to the Alderman Court. Responding to Mr. Salters, Mrs. Green, who serves as the Alderman for the City of Dover, explained that although the Alderman Court is inactive, there are other sections of the Charter and Code that provide for other specific duties of the Alderman, such as the conduction of City Elections. It was suggested that Mrs. Green review the various sections that would be affected.

Mr. DePrima advised members that our Deputy City Solicitor, Mr. Pepper, has contemplated requesting the City to consider the re-institution of the Alderman Court; therefore, before totally eliminating that section, he suggested that Mr. Pepper be given the opportunity to explain his concerns.

Mr. Slavin moved to recommend that the City Clerk and City Manager, with assistance from department heads, conduct a review, at the lead of the City Clerk, of the City Charter (H.B. 59, which was introduced in the 142^nd General Assembly, proposed for Reincorporation) for the purposes of identifying any discrepancies or conflicts with existing State law or City policies and practices for a report back within 90 days. The motion was seconded by Mr. Hogan and unanimously carried.

Mr. Ruane reiterated his feeling that the Model City Charter - 8^th Edition contains excellent information to assist with bringing Charters for municipalities into the “21^st Century”. He noted that there are topics such as campaign financing, ethics, intergovernmental relations, etc. and requested that the committee give consideration to those items that would not change any issue that is addressed in the current Charter but rather would add an item that should be included. Responding, Mr. Salters suggested that Mr. Ruane identify those items he felt should be given further consideration.

Mr. Hogan explained his opinion would be for the City to finalize the reincorporation of the Charter and then, once that is accomplished, members would discuss any further review of the Charter at that time.

Mr. Hogan moved to recess the meeting, seconded by Mr. Slavin and unanimously carried. (City Clerk’s Office Note: considering 90 days, the meeting will reconvene February 15, 2005).

Meeting Adjourned at 6:18 P.M.

                                                                                    Respectfully submitted,

                                                                                    Reuben Salters

                                                                                    Chairman

RS/jg

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