SPECIAL COUNCIL MEETING

A Special Meeting was held on March 18, 1997 at 7:00 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare. Mayor Hutchison and Mr. Schaefer were also present.

Council staff members present were Mr. O’Connor and Mrs. Boaman.

This Special Meeting was held to consider any possible changes deemed necessary relative to recent action by City Council on a paid Mayor. Since City Council has already taken action to establish the salary of a Mayor, Council President Christiansen requested that comments be limited to defining the duties of a paid Mayor.

The guidelines for the public meeting were as follows:

          1.  Written testimony may be given to the City Clerk’s Office to be distributed to Council for review prior to the hearing.

          2.  A sign-up sheet will be available 15 minutes prior to the meeting for those citizens that wish to speak.

          3.  Citizens may contact the City Clerk’s Office, at 736-7008, to be placed on the sign-up sheet.

          4.  At commencement of the meeting, the sign-up sheet will be delivered to the Council President and only those that appear on the list will be given the opportunity to speak.

          5.  Each speaker will be given five (5) minutes for their comments.

The sign-up sheet was presented to the Council President, who noted that nine (9) citizens requested to speak during the public meeting.

Mr. Salters, Chairman of the Legislative and Finance Committee, stated that City Council has approved ordinances to set the salary level for the Mayor and to increase the salary of City Council. A request to amend the City of Dover Charter is still pending in the General Assembly. This meeting was scheduled specifically to hear comments from the public and from members of City Council on proposed duties of the Mayor.

The following persons registered to speak during the meeting:

Mr. Charles Weller - 241 Fiddlers Green - Mr. Weller read into the record the following:

“At one time, I thought a paid, full-time mayor as the City's ambassador and lobbyist would be beneficial as long as we maintain a council form of government and do not give the position monstrous compensation. Developed and utilized properly, this type of position could become a jewel for the City. However, it does have its downside. Just to mention a couple, it has the potential to become a plum political position, which would mean party politics for the City (which Dover does not need), and why, when we are in an era of government downsizing, are we expanding ours?

 

As recently presented by City Council, I do not support the full-time Mayor position. It may be a plausible concept, but it needs more serious exploration. As presented, there are too many gray, unclear areas that need to be addressed. The citizens of Dover deserve to know with specificity what constitutes the characteristics and duties of the job. This way we will know what to expect from the Mayor, or better yet, what we will demand from the position.

Serious consideration of the proposal and its potential effects on Dover have to be given again by the Council and by you, the citizens, the owners of the City. We need to interact with Council members and our neighbors so that our feelings are known and a true and fair consensus will evolve. I am not saying the position of full-time Mayor cannot be developed, possibly, creating benefits for the City. We may very well need our own ambassador and lobbyist to champion the City' s various causes. However, proposing a salary before establishing accountability that the average citizen can understand does not seem like the fair thing to do with tax dollars. In reality, the position has the potential to cost Dover  taxpayers substantially more than the inflated $45,000 proposed salary. The City will also incur the costs of the Mayor's expense account, car, and health insurance, just to point out a few. The citizens need to be presented with an accountability picture.

The Council may have a good concept of the position and its benefits, but it has done a poor job of communicating these facts to the citizens. If the concept of a full-time Mayor is a viable, practical alternative, present it as such and sell it to the citizens. Don't shove it down our throats. At this time, I don't see it as a pressing issue that needs immediate attention.

I personally cannot support the concept as currently presented. However, when elected, I will support the majority of the 2nd District's citizens' views. If my constituents convey to me that they are in favor of the present proposal of a paid, full-time Mayor, I will support their opinions.”

Mr. Robert Tudor - 706 E. Division Street - Mr. Tudor stated that he opposes a full-time Mayor, but since the matter has already been voted on, he wondered if members of Council had fully considered all of the ramifications. He stated doubt that any additional funds will be derived from the Mayor’s presence at Legislative Hall and voiced concern with possible conflicts between a City Manager and a Mayor. There is a possibility that both could have very strong personalities and he feared that a City Manager would be pressured by the presence of a full-time Mayor.

Mr. Tudor reminded Council that the Mayor has veto power and could force a 2/3 vote of Council on any issue, including the ordinance that sets the Mayor’s salary. He stated that there is no method of impeachment in the City Charter and wondered what action Council can take in the event the Mayor is not performing his duties properly.

Referring to the City’s current City Manager form of government, Mr. Tudor stated his fear that a full-time Mayor will lead to a strong Mayor form of government. He stated that the City’s current City Manager is the best Manager the City of Dover has ever had and he strongly urged City Council to protect the City Manager position.

Mr. Javan Davis - 635 Nimitz Road - Mr. Davis relayed his support for a full-time Mayor and reminded members of Council that he has supported the proposal for a number of years. He felt it somewhat unfair to members of Council that some waited until after action was taken to voice their disagreement with the proposal for a full-time Mayor. Unlike what many are saying, this issue was not acted on quickly. He stated that it has been discussed for many years. He agreed that some mistakes may have been made in not holding an official public hearing prior to making the decision, but Mr. Davis commended members of Council for the outstanding job they are doing for the citizens of Dover. He feels that the action to have a full-time Mayor is good preparation for the 21st century. He reminded the public that where there are no changes, there is no vision and where there is no vision, there are no changes.

Referring to public comments about the present Mayor already drawing retirement salary from his position as Chief of Police, Mr. Davis stated that he earned his retirement and that it should have nothing to do with the issue of a full-time Mayor.

Mr. Davis urged the public to allow the Mayor to do his job without tying his hands too closely. Although a very general job description would be beneficial, he felt that the Mayor should have a considerable amount of flexibility so that the job can be performed properly.

Richard Senato - 152 Evergreen Drive - Mr. Senato reminded the public that City Council has been dealing with the issue of a full-time Mayor for a long time. He is not in favor of a full-time Mayor at the suggested annual salary of $45,000, in addition to the benefits and expenses. He stated that a paid Mayor would essentially be doing the same job as the present Mayor which does not justify such a high salary. Since City Council has already approved the position of a full-time, paid Mayor, Mr. Senato suggested that a job description be created that states specifically the separation of duties between the Mayor and the City Manager. He stated that it is essential to ensure that there will be no conflict between the two positions and that the current City Manager form of government be maintained.

Mr. Senato stated that the general public has made it clear that they do not favor a full-time, salaried Mayor. He objected to the format that was used by Council in making the decision for a paid Mayor, stating that public hearings should have been held prior to making the decision. Mr. Senato stated that members of Council should make a case explaining how the City will benefit from a paid Mayor, ensure that the Mayor will not infringe on the duties of the City Manager, and that the Council justify the full-time Mayor’s salary with a detailed and fully accountable job description.

Mr. James Webster - 8 Arbor Drive - Mr. Webster stated his opposition to a full-time Mayor, relaying his feeling that the process was wrong and the decision was wrong. Referring to the duties and responsibilities of the Governor, Mr. Webster stated that the State Constitution lists several very powerful duties of the Governor. He stated his opinion that the current discussion over the full-time Mayor position has revealed no duties whatsoever. Mr. Webster reminded members of Council of the oath of office they took when sworn into the office of City Council, reminding them that they swore to “always place the public interests above any special or personal interests.” Council President Christiansen and Mr. Hare took exception to any inference that members of Council do not abide by their sworn oath of office.

Mr. Michael Chapman - 863 Schoolhouse Lane - Mr. Chapman stated that he favors a full time Mayor. He stated that this issue has been discussed for several years and felt it was time for a decision to be made on the subject. Referring to concerns that the duties of the Mayor and City Manager could conflict, Mr. Chapman felt that the jobs are entirely different and should not conflict in any way. The City Manager is in charge of the day to day operations of the City, while the Mayor acts more in the way as an ambassador for the City. Currently, the Mayor is doing a full-time job with a part-time salary. Mr. Chapman stated his opposition to a job description for the Mayor, but suggested some basic guidelines under which the Mayor would operate. Referring to the suggestion by some for impeachment procedures, Mr. Chapman reminded the public that the terms of office are only for two years and that the term would likely be complete before impeachment could be achieved.

Mr. Samuel Schlegel - 1153 Woodstock Court - Mr. Schlegel stated that much discussion and procrastination has surrounded the idea of a full-time Mayor for Dover. He stated that the time has come for a full-time Mayor, however, he cannot support it without job guidelines. He stated that the proposed annual salary of $45,000 is too high and stated he felt it unfair for someone to have this position without the democratic process of an open and fair election.

Mr. Schlegel stated that if the person possesses a true desire and feeling for the well being of Dover, then the proposed financial package is more than what is needed to compensate someone for the position. He stated that the initial and on-going parameters for the position should be clearly set before the new position is filled, such as if the current or past Dover Mayors are eligible and if there should be term limits for the position.

Mr. George Johnson - 829 Woodcrest Drive - Mr. Johnson stated that he supports the idea of a full-time Mayor. He supports a job description for the position but suggested that it be a very flexible job description. Mr. Johnson stated that volunteerism is a noble endeavor but the reality of the situation is that Dover needs someone that is not only committed, but someone that is accountable and responsible. General guidelines for the position would provide the Mayor with knowledge of what is expected and would provide the citizens an opportunity to evaluate how well the Mayor is performing in the position. Mr. Johnson stated that it would facilitate the idea of a realistic achievement of the goals and objectives within the boundaries of a stated set of duties, responsibilities and the authority of the person. It facilitates the organizational communication, enhances the monitoring capacity (checks and balances) and provides stability and consistency, regardless of the individual who holds the position. Referring to any potential conflict between a Mayor and City Manager, Mr. Johnson stated that this is the nature of the political beast in a democratic society. He reminded Council that conflict is not always negative and at times can even be positive.

Mr. Johnson stated that as we move into the 21st century, we need to think more realistically about the entire issue. He stated that he knows very few administrators who are responsible for an organizational structure that has nearly 30,000 individuals (citizens of our community) who make less than $45,000 annually. He stated the old adage, “you get what you pay for.”

Council President Christiansen noted that Mr. Stephen M. Weill of 18 WhiteMarsh Court had signed up to speak but was not present at the meeting.

Mr. Truitt reminded the public that the current City Charter and Code already contain language on the duties and responsibilities of the Mayor and that the issue at hand is if additional duties and responsibilities should be elaborated upon in the ordinances. He apologized for not making this information more available to the public. He reiterated his opinion that a structured job description is not needed but that he favors general guidelines. He stated his support for language submitted by Mr. Lambert, with a few minor changes.

Mr. Lambert stated his feeling that the position of Mayor has been a full-time job for a very long time. Previous efforts to set an annual salary for the position also incorporated changes in the duties which would have given the Mayor control over the City Manager. He has opposed that proposal each time it was presented. However, the current proposal makes no change to the powers of the Mayor and it was based upon this fact that he decided to support the current proposal. Referring to the current duties and responsibilities of the Mayor, as outlined in Section 14 of the Charter, Mr. Lambert stated that they are very general and he feels that they were designed to be very general. He cautioned members of Council to be careful that proposed language does not imply additional powers which could serve the effect of giving the Mayor control over the City Manager.

Mr. Lambert and Mr. Truitt submitted the following proposed language, for insertion into the City Code, which would be in addition to the current language contained in Section 14 of the City Charter:

The Mayor shall be available on a full time basis to interact with private citizens, business people, state and county officials/representatives, and civic and neighborhood associations to promote the economic and social interests of the City and the general welfare of its citizens.

Referring to Section 14 of the Charter, Mr. Truitt suggested the addition of the following sentence, to appear as the third sentence in the paragraph:

It will be his duty to see that the orders, ordinances and resolutions enacted by City Council are faithfully executed.

He stated that the language is very similar to the language for the Governor found in the State Constitution.

Mr. Fenimore stated his feeling that the proposed addition to Section 14 of the Charter may infer that the Mayor has authority in other areas. For example, during a Council Meeting, City Council may pass a resolution directing an action by the City Planner. The Mayor could then infer that it is his responsibility to ensure that the action is executed by the City Planner which would be in conflict with the current structure where the City Planner is under the direction of City Council.

Mr. Truitt stated that it was not his intention to make such a change. It was agreed that the proposal should be referred to the City Solicitor for an opinion.

Referring to the proposal by Mr. Lambert and Mr. Fenimore, Mr. Salters suggested the addition of the word “national” after the words “state and county”.

Mr. Fenimore suggested that the paragraph end with the word “basis”, to read “The Mayor shall be available on a full time basis”. It his feeling that there is no need to elaborate upon with whom the Mayor should interact.

Mr. Schaefer, member of the Legislative and Finance Committee, expressed his appreciation to the citizens that have offered input on this subject. He stated that it was never the intention of the committee to change the structure of the City government. Their efforts were geared toward ensuring that the City can sustain the successes we are blessed with today. He agreed that Dover has always had a full time Mayor and stated that the only change being made is to fairly compensate the Mayor for the required commitment of time. There is no proposed change in the structure of our City government or in the level of authority of any department head.

In terms of a job description, Mr. Schaefer stated objections to any detailed job descriptions. Each elected Mayor should have a very good idea of what needs to be done and the needs may vary from time to time.

Mr. Salters reminded Council of the following quotation: “For it is with words, as with sunbeams, the more they are condensed, the deeper they burn.” He stated his feeling that the proposed language is brief, but to the point, and he felt it would be sufficient without being too restrictive.

Mr. Salters moved for acceptance of the proposed language, for insertion into the proper section of the City Code. The motion was seconded by Mrs. Malone and Council approved the following language by a roll call vote of seven (7) yes, two (2) no (Mr. Pitts and Mr. Fenimore):

The Mayor shall be available on a full time basis to interact with private citizens, business people, state, county and national officials/representatives, and civic and neighborhood associations to promote the economic and social interests of the City and the general welfare of its citizens.

Mr. Truitt moved table action on the proposed addition to Section 14 of the Charter until a legal opinion has been received from the City Solicitor. The motion was seconded by Mr. Leary and unanimously carried.

Mr. Salters moved to adjourn, seconded by Mr. Truitt and unanimously carried.

Meeting Adjourned at 8:15 P.M.

                                                             DEBRAH J. BOAMAN

                                                             CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of March 18, 1997, are hereby approved.

                                                             JAMES L. HUTCHISON

                                                             MAYOR

/DJB