SPECIAL MEETING

February 3, 1966

A Special Meeting of City Council was held Thursday, February 3, 1966 at 8 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Holpp, Massey, Smith and Walls.

The meeting was called for the purpose of considering the vacancy now existing in the office of Alderman. The office was filled until January 31, 1966 by William J. Cavanaugh whose appointment as a Magistrate under the new State system became effective on February 1. State law prohibits a magistrate from acting as a City Alderman. City Solicitor Buckson advised the Council that all offenses against City ordinances could be brought for trial before the State Magistrates but that the cost of such hearings would be governed by the State code, which sets a minimum cost of either $5.00 or $7.50, plus whatever fine is levied. Traditionally, the penalty for a parking violation in Dover has been $1.00 fine and $1.00 cost. Trial for the same violations before the state Magistrate would incur a cost of $7.50. Council sought some means of providing for payment of such penalties with lesser costs, until some permanent solution could be worked out for City Alderman through any necessary changes in State laws. The Dover Charter provides that City Council may appoint an Acting Alderman during the temporary inability of the Alderman to perform his duties by reason of sickness or absence, or otherwise. An Acting Alderman would have the powers and jurisdiction of an Alderman, could collect penalties for parking violations, and the Police Department would be free to bring any and all cases requiring trial before the State Magistrate court for hearing.

On motion of Mr. Smith, seconded by Mr. Walls, Council appointed Francis P. Neylan as Acting Alderman of the City of Dover.

Council adjourned at 9:00 P.M.

                                                                        City Clerk

All ordinances, orders and resolutions adopted by City Council at its special meeting of February 3, 1966 are hereby approved.

Crawford J. Carroll

                                                                        Mayor

February 4, 1966