2005 CHARTER REVIEW COMMITTEE

The 2005 Charter Review Committee met on July 6, 2006, at 7:17 p.m. with Chairman Leary presiding. Members present were Mrs. Greenwood, Mrs. Malone, Dr. Miller, Mr. Scheller, and Mrs.  Merritt. Mr. Jones was absent. Mrs. McDowell was also present.

AGENDA ADDITIONS/DELETIONS

Dr. Miller moved for approval of the agenda, seconded by Mrs. Merritt and unanimously carried.

Discussion of Presentation by Deputy City Solicitor Pepper on the Consent Decree

Mr. Leary reminded members that during their meeting of June 15, 2006, Deputy City Solicitor Pepper provided an overview of the 1988 Consent Decree. Mr. Leary questioned if members wish to review those Sections of the City Charter that are impacted by the Consent Decree.

Mrs. Greenwood stated that it was her understanding that there are specific areas of the Charter that cannot be amended until there is a change made to the Consent Decree; therefore, she questioned why members would take time to consider any amendments.

Responding, Mr. Leary explained that if it is the desire of the committee, members can review and make recommendations to Council; however, any changes to those Sections that are impacted by the Consent Decree would require the City to file a modification with the courts prior to making any amendments. He stated that if members chose, they could review these sections of the Charter, make recommendations, and then when presented to Council, it would be their decision as to whether or not the changes warrant pursuing a request to the court for a modification to the Consent Decree.

Based on the comments from Deputy City Solicitor Pepper during the June 15, 2006 meeting, Mr. Scheller felt that at this time, there is little probability of any change being approved to the Consent Decree. He questioned if it would be appropriate for members to submit a consideration for review in the future, rather than a recommendation, of increasing the number of Council Districts from four (4) to eight (8).

Mr. Leary reminded members that the Deputy City Solicitor explained that the facts as developed in the Consent Decree would have to have changed substantially in order to be a reason to consider amending the Consent Decree. Since the black population continues to disperse throughout the city and it is becoming more and more difficult to obtain 65% black voters within one (1) district, given that there are a total of four (4) districts of Council, it was his opinion that when Council attempts to redraw the Council Districts after the 2010 Census, those difficulties will probably be encountered and it will be necessary to consider taking some action in order to maintain compliance.

Mr. Leary noted that although parts of certain Sections of the Charter are mandated by the Consent Decree, there are other parts of these Sections that could be amended (i.e. Council-Manager or Strong Mayor form of government). As an example, he stated that the Charter currently gives the Mayor the right to veto which is not addressed in the Consent Decree; therefore, this is an issue that members could consider for formulating a recommendation for an amendment.

It was the consensus of members that the City would need to consider changing the number of voting districts in the future (after the 2010 Census); however, they did not wish to make any suggestions regarding issues involving the Consent Decree at this time.

Form of Government

Members reviewed information provided entitled Council-Manager or “Strong-Mayor” produced by the California City Management Foundation (Attachment #1) as well as information from the National League of Cities entitled About Cities: Forms of Municipal Government (Attachment #2).

Mrs. Merritt moved to suspend the rules to allow former Mayor Hutchison to address members of the committee, seconded by Mr. Scheller and unanimously carried.

Former Mayor Hutchison advised members that he is a strong believer in the Council-Manager/Strong-Mayor form of government. Regarding concerns for protection of the City Manager, Mr. Hutchison stated that language could be included that would require the dismissal of a City Manager to be based on just cause and approval of Council by majority vote. He felt that it is critical that Mayor and Council work together and currently, for the City of Dover, there is a clear separation between these two offices.

Responding to Mr. Leary, Mr. Hutchison stated that there would be certain employees that would report directly to the Mayor rather than the City Manager, such as the Treasurer/Finance Director. He also relayed his support for four (4) year terms and felt that there should be a means, such as recall, for voters to dismiss anyone prior to their term if there is cause.

There being no objections, the meeting was recessed at 7:23 p.m. and reconvened at 7:30 p.m.

By a show of hands, Mr. Leary noted that three (3) members felt that there should be a change to the form of government, that being a Mayor-Council, with the Mayor having strong powers (as defined in the Council-Manager or “Strong-Mayor” document provided to members. There were two (2) members that felt that the City should have a Council-Manager form of government.

By a show of hands, Mr. Leary noted that three (3) members felt that the term of office for the Mayor should be increased to four (4) years and that there should be a recall provision included.

Responding to Mrs. Merritt, Mr. Leary clarified that members can submit recommendations to City Council that would amend Sections of the Charter that are impacted by the Consent Decree. He explained that although there may be issues that cannot be changed at this time, he suggested that the recommendation would be presented to Council for consideration at this time for making the amendments when and if the Consent Decree is amended.

Mr. Leary stated that he will talk with the Council President and the Mayor to determine the City’s position on re-opening negotiations with the NAACP for amending the Consent Decree and report back to members of the committee.

In response to Mrs. Merritt, Mr. Leary stated that it was his understanding that if there is no agreement between the NAACP and the City and the City wished to pursue amending the Consent Decree, there would be legal fees involved.

Mr. Leary distributed a letter from Mr. DePrima, providing information regarding a request of Senator Still for consideration of the establishment of a Compensation Commission who would have the objective of making recommendations regarding salaries for the Mayor, City Council and paid members of City committees and commissions. He stated that this will be an issue to be discussed by members at their next meeting scheduled to be held on July 20, 2006 at 7:00 p.m.

Mrs. Merritt moved for adjournment, seconded by Mr. Scheller and unanimously carried.

Meeting Adjourned at 8:51 P.M.

Respectfully submitted,

Thomas J. Leary, Chairman

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Attachments

Attachment #1 - Council-Manager or “Strong-Mayor”

Attachment #2 - About Cities: Forms of Municipal Government