2005 CHARTER REVIEW COMMITTEE

The 2005 Charter Review Committee met on June 15, 2006, at 7:05 p.m. with Chairman Leary presiding. Members present were Mrs. Greenwood, Dr. Miller, Mr. Jones, and Mr. Scheller. Mrs. Malone and Mrs. Merritt were absent. Mrs. McDowell was also present.

AGENDA ADDITIONS/DELETIONS

Dr. Miller moved for approval of the agenda, seconded by Mr. Jones and unanimously carried.

Discussion - Overview of 1988 Consent Decree by Deputy City Solicitor Pepper

Deputy City Solicitor Pepper advised members that in 1985, the City of Dover Council consisted of eight (8) members and although they had to reside within their district, they were elected at large. Meetings of City Council were presided over by the Mayor. In 1985, the Central Delaware Branch of the NAACP filed suit against the City challenging the at-large election system as a violation of the Voting Rights Act. The City defended the case until the decision by the U.S. Supreme Court in Thorton vs. Jingles, which made the City’s defense of the case untenable. Therefore, the City entered into negotiations to resolve the matter which resulted in the 1988 Consent Decree.

Deputy City Solicitor Pepper explained that the Decree required a new district election system, created a minority district with at least 65% black population, established one (1) member of Council to be elected at-large, and created a Council President/Vice-Mayor, who would be responsible for presiding over Council Meetings. He noted that the Mayor retained veto power.

Deputy City Solicitor Pepper stated that the Consent Decree is a judgement of the court. He advised members that the Decree can be modified if the City can establish significant change in circumstances or facts of the law. In order to meet the 65% black population requirement, he stated that the population of the Fourth Council District is much less than that of the other districts, which may not be in compliance with the “one-man, one-vote” law. Deputy City Solicitor Pepper stated that this issue will only become more difficult after the 2010 Census and suggested that it may be necessary to change the number of districts, such as creating eight (8) Council Districts with one (1) member elected, rather than four (4) Council Districts with two (2) members elected. Although the Decree can be modified, it governs the City’s conduct today. The City cannot unilaterally, without going to court and obtaining modification, change the number of districts, elections being conducted by district, who serves as the presiding officer, the number of council members, etc.

Responding to Mr. Leary, Deputy City Solicitor Pepper stated that the City would be required to file a Motion with the District Court for Modification of the Consent Decree. He reminded members that the City would be required to show significant change in a factual and/or legal situation.

In response to Mr. Jones, Mr. Leary stated that since the City Charter is impacted by the Consent Decree, it was his opinion that if it was determined that it would be impossible to have a change made to the Consent Decree, there would be no purpose for members to take the time to review those items contained in the City Charter. However, 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.

Members thanked Deputy City Solicitor Pepper for taking the time to meet with them and provide the overview of the Consent Decree.

Mr. Jones moved to adjourn, seconded by Dr. Miller and unanimously carried.

Meeting adjourned at 7:40 P.M.

Respectfully submitted,

Thomas J. Leary, Chairman

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