SPECIAL COUNCIL MEETING

A Special Council Meeting was held on March 29, 2004 at 10:00 a.m. with Mayor Hutchison presiding. Council members present were Mr. Carey, Mrs. Williams, Mr. Truitt, Mr. Speed, and Mr. Ruane. Council President McGlumphy, Mr. Pitts, and Mr. Ritter were absent.

Council staff members present were Chief Horvath, Mr. DePrima, City Solicitor Rodriguez, Deputy City Solicitor Pepper, and Mrs. McDowell.

The invocation was given by Mr. Salters, followed by the Pledge of Allegiance.

REQUEST FOR PROPOSALS - CITY SOLICITOR

As directed by Council President McGlumphy, Mr. DePrima, City Manager, began developing a Request for Proposals (RFP) for City Solicitor services. Members were provided a history of the appointment of the City Solicitor, an eight (8) year history of legal fees, and a comparison of local municipality’s attorney fees.

Mr. DePrima advised members that the City currently pays a $24,000 retainer, which covers all legal services provided to the City, as follows:

            •    Attendance at Regular and Special Council meetings;

            •    Attendance at Board of Adjustment meetings and drafting Board of Adjustment decisions

            •    Attendance at Committee meetings when requested

            •    Normal day-to-day questions from Council and the administrative staff

Billing beyond the retainer, at $80 per hour, only occurs in cases involving litigation and special cases that require more than nominal time.

Mr. DePrima stated that, when applying the rates of other municipality’s to actual hours worked by Mr. Rodriguez, his analysis indicates that the current fees are reasonable.

Mr. DePrima advised members that an RFP should be issued under the following three (3) conditions: 1) If it is required by either the Charter or City Policy; 2) There is a potential cost savings; and/or 3) There is a question regarding the quality of service received. Mr. DePrima stated that none of those conditions currently apply and; therefore, recommended that an RFP for Legal Services not be conducted.

Responding to Mr. Ruane, Mr. DePrima stated that the current Purchasing Policy provides Council with the option of seeking bids for the City Solicitor; however, it also includes an “Exception Section” which states that, when negotiations in purchasing situations are involved, provisions of the policy may not apply. Mr. DePrima noted that negotiated contracts exceeding $25,000 require Council approval. He reminded members that this is not a typical vendor situation where there are plenty of vendors. Mr. DePrima noted that the City Solicitor is appointed annually by Council.

Mayor Hutchison stated that Council has an annual opportunity to compare legal fees. He also emphasized the value of a long-time City Solicitor and the historical knowledge available.

Mr. Salters stated that he could not recall a time since he had been on Council when RFP’s were conducted for Council appointed positions, such as the City Solicitor, City Clerk, Fire Chief, or Chief of Police. He noted that there should be an appreciation of the process which has always been used in making those appointments.

Mrs. Williams stated that they were all elected to show reasonable judgement and thoughtful consideration; not to market their own personal agendas.

Mrs. Williams moved that the current Request For Proposals for Legal Fees be null and void and that any further RFP’s for any appointed City positions must have the full approval of Council. The motion was seconded by Mr. Carey.

Mr. Speed asked for clarification on Mrs. Williams’ term “full approval of Council”. Responding, Mrs. Williams stated that a majority vote would be necessary.

Mr. Ruane stated that the motion went beyond the current situation. It was his opinion that the City Solicitor did not become an employee of the City of Dover once they were appointed. Mr. Ruane stated that the issuance of an RFP would be in compliance with the City’s Charter, policies, and procedures and was not meant to disparage the law firm’s quality of service.

For the record, Mr. Ruane stated that there is a distinction between the appointments of the Assessor, the City Clerk, the Finance Director, etc., which are based on duly advertised vacant positions with a review of the applicants’ qualifications.

Mr. Ruane asked if other cities typically conducted RFP’s for legal services. He also referred to an e-mail dated June 3, 2002, from Mrs. Fran Hettinger, then Acting Purchasing Officer, suggesting that the City should let bids for the services of the City Solicitor in order to obtain lower rates.

Mr. Salters stated that, at some point in time, an RFP may be the right thing to do; however, he did not feel that the Council President, nor any member of Council, had the right to unilaterally request an RFP or obligate the City to any course of action without the concurrence of Council.

Responding to Mr. Speed, Mrs. Williams stated that the effect of the motion would be that the annual Council appointments would require the majority of Council.

On a call for the question by Mr. Salters, the motion that the current Request For Proposals for Legal Fees be null and void and that any further RFP’s for any appointed City positions must have the full approval of Council passed by a roll call vote of five (5) yes and one (1) no (Mr. Ruane)(Mr. McGlumphy, Mr. Pitts, and Mr. Ritter absent).

Mr. Carey moved for adjournment, seconded by Mrs. Williams and unanimously carried.

Meeting Adjourned at 10:42 A.M.

                                                                                    TRACI A. McDOWELL

                                                                                    ASSISTANT CITY CLERK

All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of March 29, 2004, are hereby approved.

                                                                                    JAMES L. HUTCHISON

                                                                                    MAYOR

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