LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE

The Legislative, Finance, and Administration Committee met on June 28, 2004, at 6:00 p.m., with Councilman Slavin acting as Chairman in the absence of Councilman Salters. Members present were Councilman Hogan, Mr. Shelton, and Mr. Shevock. Other members of Council present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Ritter, Mr. Ruane, and Mrs. Williams. Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONS

Mr. Shelton moved for approval of the agenda as presented, seconded by Mr. Hogan and unanimously carried.

Consideration of Request for Support of S.B. 352 - Exceptions in the Landlord Tenant Code and Fair Housing Act

Members considered a request from the City of Newark Mayor and Council for support of legislation being considered by the Delaware General Assembly that would amend the Delaware Fair Housing Act and the Delaware Landlord Tenant Code. The legislation would correspond with the City of Newark legislation intended to preserve single-family neighborhoods, while at the same time, provide adequate rental housing.

Mr. DePrima, City Manager, explained that in addition to S.B. 352 that would amend the Delaware Landlord Tenant Code, he distributed copies of a companion bill, H.B. 533, that would amend the Delaware Fair Housing Act and Landlord Tenant Code. He stated that both bills would clarify the municipality’s authority to regulate the conversion of single family homes without raising claims for discrimination based on age or occupation for those municipalities that have primary residential campuses of post-secondary schools. H.B. 533 would prohibit individuals from filing an unfair housing claim against the City when attempting to enforce student housing regulations. Mr. DePrima stated that S.B. 352 liberalizes the eviction process, explaining that it would allow the City to evict tenants without use of the lengthy eviction process of Chapter 57.

In response to concerns of members, Mr. Ruane advised members that he spoke with the City Solicitor of Newark and was assured that the legislation is not aimed toward families renting single family homes but rather those single family homes that have been converted to rentals. The emphasis is on the proceedings for evictions and the examples are of student housing because they are short-term leases. By the time a landlord proceeds through the eviction process, the lease would have expired. He stated that although the legislation would apply to student housing, as an example, he explained that it would also assist in situations such as a neighborhood with single-family homes that may have a rental of military individuals. Mr. Ruane urged the committee’s support, with the understanding that the City would review the Dover Code and make amendments to alleviate any concerns members may have. He also explained that the legislation is permissive, allowing municipalities to adopt local codes to preserve single-family neighborhoods.

Mayor Speed relayed his concerns that the legislation is discriminatory, explaining that the effect of the legislation would only permit the Cities of Newark and Dover to enforce such regulations. If the proposed amendments were to deter illegal or inappropriate behavior, he stated that it would apply to all landlords and all tenants. As indicated in an e-mail sent to members, Mayor Speed reiterated his concerns that S.B. 352 is an attempt to thwart the intent of current State law to allow discrimination based on age, marital status, and occupation. The proposed amendment is targeted at a class of people, not illegal behavior. He advised members that the veracity of this opinion is supported by the fact that the amendment applies only to municipalities which have “primary residential” campuses located within their jurisdiction. Mayor Speed stated that he was not aware of H.B. 533 until just before the meeting; however, after reviewing the legislation, it was his opinion that H.B. 533 confirms his concerns regarding discrimination against protected classes.

There was no action taken by the committee regarding this matter.

Updated Employee Handbook

The Human Resources Director, Mr. Szyjka, had provided members with an Updated Employee Handbook in April 2004 for their review. He advised members that the present Employee Handbook is 20 years old. Since its inception, numerous laws and procedures have changed. The revisions to the handbook was reviewed and agreed upon by the Human Relations Commission (EEO Section) and Civilian Pension Board (changes for retirees). In addition, a draft handbook was previously distributed to and reviewed by Council in January 2003 and appropriate changes were made as suggested.

Mr. Shelton moved to recommend acceptance of the Updated Employee Handbook as presented (as on file in the Office of the City Clerk), seconded by Mr. Hogan and unanimously carried.

Mr. Shelton moved for adjournment, seconded by Mr. Hogan and unanimously carried.

Meeting Adjourned at 6:19 P.M.

                                                                                     Respectfully submitted,

                                                                                     Timothy A. Slavin

Acting Chairman

TAS/jg

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