COUNCIL COMMITTEES
A Special Legislative and Finance Committee Meeting was held on January 14, 1997 at 7:00 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters, Mr. Hare and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Schaefer moved to approve the agenda, seconded by Mr. Hare and carried with Mr. Leary voting no.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilmen Leary and Hare and Mr. Schaefer and Mr. Merritt.
Mr. Salters explained that the special meeting was called to discuss remuneration levels of the Mayor and members of City Council. He offered the following remarks:
“In the dynamic change of the American system of politics and the differential of opinion as that change takes place, one is daring and considered a risk taker should he or she dare to change customs and “the way things have been done in the past”. There cannot be progress without sacrifice of something that has been a standard part of the old. Our Council and our City are faced with inevitable change. Technology and the social and economic changes which have swept our country during the past 25 years have propelled us into a position, as the State Capital, of dominant leadership. We have been at the forefront of one of the most dramatic changes in the electric energy field. We have made the transition from a cumbersome, yet economically viable, electric system through a vision of leadership and a place of prominence in innovations in this highly competitive field.
Our Council/Manager form of government has served us well. However, our system is at a point where some feel adjustments are needed. It is not merely sufficient to have a Mayor and Council in name which do not command the honor of serving without inconvenience and financial hardship on those who serve with distinction. It is not sufficient to relegate the chief officer of the City and the Council to inadequate compensation for services which are more than well compensated by other forms of state and local governments. How can we continue to ignore the studies and requests of our citizens to implement a fair form of compensation for our elected officials?
We must have fair and equitable debate about the financial adjustments which have been suggested. We must also give fair consideration to both sides of this proposition. We are a Council which has worked well together. There is not one of us that takes the duties of our office lightly. Every viewpoint is important; every detail must be considered. The time has come for this Council to take a stand and decide whether we wish to have more highly qualified individuals seek elected positions in our form of government.
Adjustments in the salary scale may very well be the catalyst which will encourage more contested races in our local elections. Men and women of courage make the difficult decisions which fuel our system of government. Our task must be to act with dispatch in regards to the subject. Let us debate and decide with the sense of duty and dignity which leave no questions or concerns unanswered.”
Mr. Hare suggested that this topic be reviewed with an open mind and that no decisions be made until after everyone has had an opportunity to express their opinions. He stated the following:
“The time has come to consider enhancing the responsibilities of and compensation for the position of Mayor. I believe the citizens would benefit from enhanced responsibilities of the Mayor. If sufficiently compensated, a Mayor would have the time and opportunity to oversee and participate in legislative matters that effect the City and could attend meetings of various organizations that have a direct effect on the City of Dover. It would provide the opportunity for coordination of activities of all levels of government and the time needed to work with local businesses on current issues and on business/economic development for the future of Dover. Most importantly, it would allow a Mayor to be more available to our citizens.
With regards to fair compensation to members of City Council, no change has been made since 1987 when the compensation was increased from $10 per meeting to $75 per meeting. Although members of Council are public servants that serve in their positions for the sole purpose of contributing to the betterment of our community, some form of compensation should be made toward the time and expenses incurred in the duties as a Council representative of the City of Dover.”
Mr. Hare moved that Section 2-70 of the City Code be amended to provide for enhanced responsibilities and remuneration for the position of Mayor to the level of a $35,000 annual salary, expense account as approved by the budgetary process, use of a City vehicle, and that Section 2-70 of the City Code be amended to provide for remuneration for members of Council at a level of $400 per month, to be paid on a monthly basis, with both amendments to become effective May 11, 1998. (He noted that this would require an amendment to the City Charter.) The motion was seconded by Mr. Schaefer.
Mr. Leary asked Mr. Hare how he arrived at the figure of $400 per month for Council. Mr. Hare stated that Newark City Council members receive $300 per month and it was his feeling that since Dover is larger than Newark, Dover Council members have greater responsibilities. He reminded members that the $400 figure is only a proposal and he is open to the suggestions of others.
Mr. Schaefer stated there has been significant growth in the City of Dover over the last several years. With the completion of the Route #1 By-Pass over the next two to three years, it is anticipated that this level of growth will continue at an accelerated rate. This type of growth has caused a wide range of changes in Dover such as the need for a new police station, which is moving forward, and the need for a new West Dover Fire Station, which is now complete. Mr. Schaefer reminded the public that last year, the Mayor lobbied the State Bond Committee attempting to procure $400,000 toward costs of the new Police Station. The actual amount procured was $250,000, which is money that would never have been pursued if the Mayor had not taken this initiative. The City and State are growing very rapidly and political issues are presented almost daily that require adequate representation from someone representing the City of Dover. The City Manager is responsible for the day to day operations of the City and should not be expected to fill this role. This role is most certainly one that should be filled by the Mayor. Mr. Schaefer referred to such matters as the MPO, where the planning taking place today will have an effect on the City of Dover for many years to come. It is extremely important that the City have adequate representation in such matters. He stated that the social aspects associated with the Mayor’s position is extremely time consuming. He cited many instances of requests for the presence of the Mayor such as business openings, functions of the many organizations in our community and our schools, retirements, award ceremonies, etc. This alone is a lot for one person to bear without even giving consideration to the need of the Mayor to be a part of the business aspect of the community. Mr. Schaefer stated that compensation at a level of $35,000 and the use of a vehicle is reasonable. On the issue of City Council remuneration, Mr. Schaefer stated that the same applies to members of Council in regards to the time-consuming aspect of requests for their presence. Attendance at Council Meetings is only a small part of the time given to the responsibility of representing the citizens of Dover. He reminded the public that members of Council often attend civic association meetings and other meetings where issues concerning their constituents may be addressed, as well as spending time with constituents both in person and by telephone.
Mr. Schaefer stated that since the proposal would not take effect until May 11, 1998, it will have no direct effect on anyone currently sitting on Council or on the Mayor. The time lapse also allows ample time for everyone to decide if they wish to run for office under the proposed format.
Mr. Leary stated that the motion combines the issues of remuneration levels of City Council and the Mayor and stated his feeling that they should be separate issues. Referring to Mr. Salters’ earlier remarks, Mr. Leary stated his opinion that our past traditions do matter and he feels that our citizens expect us to hold onto them as long as possible. This does not mean that we will never make changes, but we should try to hold onto them and nurture them as long as possible. He has always felt that the compensation given to Council is not for the purpose of gaining something, but is to ensure that they do not lose anything. He cited such expenses as gas for traveling to a rezoning site, telephone calls, an occasional meal when luncheons/dinners are required, attendance at the Mayor’s Prayer Breakfast, employee retirements, etc. Mr. Leary stated his feeling that the current requirements of City Council do not merit the kind of remuneration increase proposed and feels the current level is adequate.
Referring to the proposal for the Mayor, Mr. Leary stated his support for the proposal for the position of Mayor. He reminded Council that he has supported this proposal in the past and he continues to do so. It was his opinion, however, that the proposal for an annual salary of $35,000 is insufficient.
Mr. Lambert conveyed his agreement with the proposal for the Mayor’s position. He stated that there are many things going on in Dover on a daily basis and he felt that a Mayor should be available to address them on a daily basis. He stated that he supports the current proposal over others offered in the past since the current proposal makes no change to the power structure of the City.
As for the Council remuneration issue, Mr. Lambert stated that the current system, based upon Council Meeting attendance, is unfair. He cited circumstances where a member of Council may be out of town on City business, making it impossible to attend a Council Meeting. The Council member would not receive compensation even though they were performing City business. If meeting attendance of an elected official is poor, the problem will be handled through the electorate process. Mr. Lambert stated that fulfilling the responsibility of City Council requires a significant amount of time, often requiring him to leave his job to do something for the City as well as taking up a significant amount of his evening hours. He supports an increase in compensation, but only if the change becomes effective upon completion of terms of all current elected officials. An effective date of May 1998 ensures that current members of Council are not increasing their own salaries.
Council President Christiansen stated his opinion that the Mayor should be the Chief Executive of the City and suggested that the Charter be changed accordingly. Referring to economic development issues, he stated that although the City Manager and members of Council participate in these issues, business officials want to meet with the highest elected official of the City. In order to participate under our current guidelines, the Mayor must take time off from his job which is not always possible. Although he supports enhanced responsibilities for the Mayor, he felt it would be wrong to pay a salary for the position without creating a job description that outlines the responsibilities of the Mayor.
Mrs. Malone offered the following remarks:
“I agreed to cosponsor discussion on review of Mayor and Council remuneration to allow all of us an opportunity to voice our feelings on the subject. I do not, however, agree with the entire proposal of Councilman Hare which was distributed along with the agenda.
The City of Dover has experienced rapid growth over the past several years and perhaps the time has come for a paid Mayor. During the last couple of years, the City of Dover has lost opportunities for funding that has gone to other municipalities. If the Mayor were available to spend more time at Legislative Hall acting as a lobbyist on our behalf, there is a possibility that the City of Dover could garner more grants and funding for items such as recreation, streets, etc.
I realize that it takes a significant commitment of time for the Mayor to fulfill the challenges of the position and I support the proposal for a paid Mayor. I do not, however, agree with a Mayor, or any elected official, receiving all employee benefits, including a pension. I object to any reference to a “full-time” paid Mayor. The term “full-time” infers that a Mayor could not hold down another job, which I feel would be discriminatory and would limit the position to self-employed and/or independently wealthy individuals. A Mayor should work as many hours as it takes to fulfill the obligations of the position, which very probably includes a combination of daytime, evening and weekend hours, and the Mayor should be fairly compensated for this commitment of time.
Relative to the proposal for an increase in the compensation to Council, I am sure that each of us agrees that our commitment is for the good of the community and is certainly not for monetary gain. We should receive adequate compensation for the costs involved in serving our citizens in a professional manner. There has been no increase in Council compensation since 1987 when a major increase was approved, increasing the per meeting amount from $10 to $75. We should review cost of living increases more often so that when an adjustment is made, it does not require a significant increase.
For the betterment of the City of Dover, we should address this sensitive issue and make a final decision regardless of how difficult this may be for some of us.”
Mr. Fenimore stated his desire to have open communication on the two issues, but requested that they be separated so that each issue is addressed on its own merits. Referring to the proposal for compensation to City Council, he stated that he agrees with Mr. Leary that the compensation should ensure that members of Council do not lose money due to their obligations as a Council representative. He stated his opposition to any move that would encourage citizens to run for the office of City Council based upon a compensation consideration, but stated no opposition to an inflationary increase for members of Council.
Referring to the position of Mayor, Mr. Fenimore stated that he is open to discussion on enhanced responsibilities and compensation for the Mayor. Some have alluded that there is a need to have the Mayor act as the chief lobbyist for the City of Dover. Mr. Fenimore stated that our state representatives receive $27,500 for working six months of the year. A salary of $35,000 equates roughly to what is paid to the Director of Main Street Dover. There has been discussion that an annual salary for the Mayor would motivate more highly qualified people to seek office. He stated that compensation should not be the motivation for seeking public office. However, he stated his opinion that setting the salary at $35,000 for the position of Mayor would be cutting out an entire class of people from running for Mayor. People that are in their working prime would not be able to perform the duties of Mayor for an annual salary of $35,000. He cited situations where a citizen may be able to take a leave of absence from their positions or business in order to serve the public for a few years. Most people could not consider leaving their jobs, which is their primary means of making a living, in order to serve this City. Mr. Fenimore suggested that if the City needs this full-time, enhanced Mayoral position, then consideration should be given to setting the annual salary at a higher level.
Mr. Pitts stated that during his visits at the Modern Maturity Center, he has received comments from citizens that they do not support a paid Mayor. He stated that until the opinions of his constituents change, he cannot support the proposal.
Mr. Truitt also expressed concern with the motion including action on both the Mayor and Council Members. He felt that they are two separate issues that should be voted upon separately, in accordance with their individual merits. Referring to the compensation for members of Council, Mr. Truitt stated that he did not feel there is a need for increased compensation other than a cost of living increase. Referring to the proposal for the Mayor, Mr. Truitt stated his opinion that there should be a written description of job responsibilities for this position. It was his feeling that whatever action is taken, it should include some sort of automatic cost of living adjustment so that this matter does not need to be revisited as often. Mr. Truitt felt that additional review is needed before taking any definitive action.
Mr. Lambert also voiced his opinion that the two issues should be separated, especially if it is possible that the Council issue could hold up action on the compensation for the Mayor. He reiterated his feeling that the City needs to have representation from the Mayor on a daily basis.
Mr. Hare stated that the current compensation package for City Council provides for reimbursement of expenses related to meeting attendance. However, there are instances when a member of Council has to take off from work in order to represent the City at required functions, meetings, seminars, etc. The current compensation package does not include any reimbursement to the Council member if they take the time off from work without pay or as a vacation day or personal leave. The proposal may come closer to compensation for this time. Referring to Mr. Truitt’s recommendation for additional study, Mr. Hare stated that this matter has been studied by three different committees over a course of several years. Referring to the motion, Mr. Hare stated that he would be willing to split the two issues, but not to the extent that action on the issues would be delayed for further study.
Mr. Fenimore stated that he certainly does not suggest that the matter be studied to death, but he requested that the Legislative and Finance Committee bring a complete and comprehensive proposal to Council for action on both issues.
Opening the meeting for public comment, Mr. Salters recognized former Mayor, Crawford J. Carroll. Mayor Carroll stated that he sent a letter to Mayor and Council on this issue, as well as having co-signed a letter from Chamber of Commerce representatives. He stated that it is sometimes difficult to see change when you are a part of it. The City of Dover has significantly grown over the last few years and for those of us that live here, this change may be difficult to see. He stated the need for representation at Legislative Hall, stating that although the Delaware League of Local Governments represents all Delaware municipalities, Dover is large enough that it needs additional and specific representation. Mayor Carroll reviewed the many projects he was involved with during his tenure as a Council member and as the Mayor of Dover which consisted of more than 30 years as a public servant. The time he spent on City issues was time that he was away from his own business. Although he does not know the amount, he stated that he is sure that it cost him money, both personally and professionally. He elaborated on the need for economic development in our community, citing the increase to our economy when such businesses as General Foods and Scott Paper were encouraged to locate in Dover. Mayor Carroll stated that there are instances when citizens and company officials want to talk with the Mayor who is the highest elective official in the City of Dover. It is his opinion that the Mayor should be available on a daily basis to accommodate those that wish to meet with him. He stated that this type of availability takes a significant amount of time.
Alluding to the discussion on a job description for the Mayor, Mayor Carroll stated that there is no need for a job description for an elected official. The title alone is explanatory of the duties and responsibilities of the position. He felt sure that the voters would take care of any elected official that is unsure of their duties or responsibilities.
Mr. Dennis McGlynn addressed the committee, stating that he co-signed a letter on behalf of the Central Delaware Chamber of Commerce, in support of a paid Mayor. The Central Delaware Chamber of Commerce represents 800 businesses in the Central Delaware area. Although the letter addresses a “full-time” paid Mayor, Mr. McGlynn noted that some members of Council take exception to the term “full-time”. He explained that it is not important to the Chamber members how the term is phrased, stating that they are more concerned about the availability of the Mayor to the business community. They urge the City of Dover to do everything possible to deal with the challenges and take advantage of the opportunities that come with the significant growth that we have been experiencing in our community. Mr. McGlynn stated that the Central Delaware Economic Development Council spends a significant amount of time soliciting businesses from outside our area to locate in Kent County, bringing jobs and economic development along with it. The Mayor’s role in this endeavor can be very pivotal. He alluded specifically to the negotiations that brought Sunroc to Dover and that have kept some of our larger corporations in Dover. Access to the Mayor’s office is vital to the business community and Mr. McGlynn stated that there are times when quick access is essential. He stated that many years ago, Dover Downs ran their car races with a lot of volunteers. Eventually, they grew to a point where they could no longer depend upon volunteers. As a business, you need people to be where you want them, when you want them there, and subscribing to the philosophies of the company. The City operates as a business and we have been very fortunate to have an excellent administrative staff. This was made possible by Council doing what was necessary to attract and retain these quality people to the City. Looking at the legislative and executive side of the picture, the key decision makers are volunteers. He stated his opinion that the City has become too large to operate with volunteers. The business community wants the best, most talented people available to shape our community. They want the Mayor to be available on a regular, daily basis to address the needs of the community and to help foster economic growth; they feel that the Mayor should be over in Legislative Hall soliciting increased levels of support from the State of Delaware; and they feel the Mayor should be fairly and reasonably compensated for these responsibilities. As to the issue of compensation to Council, Mr. McGlynn stated that it is clearly an issue of fairness. There has been no change to Council compensation in more than 10 years which certainly is unfair to the members of Council. Mr. McGlynn stated that he realizes that this is a difficult and sensitive issue for City Council but the business community supports the City of Dover and will support a paid Mayor and increased compensation to members of City Council.
In the spirit of compromise, Mr. Hare withdrew his original motion as did Mr. Schaefer his second.
Mr. Hare moved to recommend that Section 2-70 of the City Code be amended to reflect Council compensation at a level equal to that of Newark which is $300 per month, payable on a monthly basis, effective May 11, 1998, and that an increase of $50 per month be added to the Council salary every 10 years thereafter. The motion was seconded by Mr. Salters.
Assuming a 3.5% rate of inflation over a period of 10 years, Mr. Leary stated that a cost of living adjustment would result in members of Council receiving approximately $100 per meeting, or $200 per month. He stated his opinion that $300 is too high.
The motion was approved with Mr. Leary voting no.
Mr. Hare moved to recommend that Section 2-70 of the City Code be amended to provide for enhanced responsibilities/full-time for the Mayor’s position, effective May 11, 1998, with compensation to be recommended by the Legislative and Finance Committee, along with additional input from four civilians (one from each Council district) for a report to City Council within 60 days. The motion was seconded by Mr. Salters.
Asked how the citizens would be appointed to serve on the committee and if they would vote, Mr. Hare stated that the two Council representatives of each district could appoint one person to represent their district. The civilian members would not be permitted to vote. After discussion, Mr. Hare withdrew the motion as did Mr. Salters the second.
Mr. Hare moved to recommend that the Legislative and Finance Committee prepare a compensation package for the position of Mayor, to be brought before Council within 30 days. The motion was seconded by Mr. Schaefer and unanimously carried.
Mr. Leary voiced his hope that this issue would not be reported to City Council until such time as a complete package is prepared for submission to Council for action.
Mr. Leary moved to adjourn, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 8:50 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/