SPECIAL COUNCIL MEETING
A special meeting of Council, in Executive Session, was held on April 17, 1980 with Mayor Legates presiding to discuss personnel matters. Members present were Messrs. McDonough, Weyandt, Carey, Witt, Carson and Bewick. Others present were Mr. Mogan, City Solicitor Rodriguez, Ms. Terry Hickey and Mr. Steven Schwartz. Councilmen Muir and Hardcastle were absent.
A special executive session of Council was called to further discuss a resolution submitted by the Electric Department Employee Association that would grant the right to negotiate.
During the Regular Council Meeting of April 14, 1980, Council approved the resolution with the following modifications:
1. Where the resolution refers to the Association of Electric Department Employees, the title of the City of Dover Employees be substituted, excluding the Police Department.
2. That paragraph three be stricken from the resolution and the resolution be redrafted and submitted for acceptance.
After considering available information on employee organizations throughout the country, it was noted that electric employee organizations, as is police, fire, etc., are usually independent of all other departments in municipalities.
Mr. Bewick moved to rescind action by Council in their meeting of April 14, 1980 which approved the resolution with modifications as aforementioned. The motion was seconded Mr. Carey and unanimously carried.
Mr. Bewick moved to approve the Electric Department Employee Association resolution as submitted, with the exception of paragraph three that will be stricken in its entirety. The motion was seconded by Mr. Carson and carried with Mr. Witt voting no. (It is noted that Mr. Witt’s dissenting vote stemmed from an opinion that the modified resolution, relating to the Electric Employee Association and a resolution from the City of Dover Employees should be considered simultaneously.
WILLIAM H. WILLIS
CITY CLERK
CHARLES A. LEGATES, JR.
MAYOR
April 21, 1980
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ATTACHMENT TO MINUTES
WHEREAS, the Mayor and Council of the City of Dover have been advised by the Electric Department employees that they have formed an association known as “The Association of Electric Department Employees”, (hereinafter referred to as the “Association”); and
WHEREAS, the employees of the Electric Department have expressed their desire to have the Association represent them in certain negotiations with the Mayor and Council; and
WHEREAS, the Mayor and Council recognize that the employees of the Electric Department have expressed their desire to have the Association represent them in certain negotiations with the Mayor and Council; and
WHEREAS, the Mayor and Council recognize that the employees of the Electric Department may from time to time have certain questions, requests, and grievances; and
WHEREAS, it appears to the Mayor and Council that an efficient and time-saving procedure can be developed whereby the questions of the Electric Department employees and their problems and grievances can be brought to the Mayor and Council by the Association or certain members thereof and dealt with on an efficient and proper basis.
NOW, THEREFORE, be it resolved by the Mayor and Council of the City of Dover, in Council met:
1. The Mayor and Council recognize the Association as representing the Electric Department employees of the City of Dover, until advised to the contrary by said employees.
2. The City of Dover will deal directly with officers of the Association regarding all employment matters concerning the Electric Department employees.
3. If any individual Electric Department employee initiates grievance procedure as spelled out in the City of Dover Employee Handbook, and if said employee wishes to be represented by a member of the Association, this shall be deemed permissible if the employee makes such designation in writing to his immediate supervisor.
4. By adopting this Resolution the Mayor and Council specifically disclaim any election to come within the coverage of Title 19 of the Delaware Code, Chapter 13, more particularly 19 Del. C § 1301 (1) (c), and the Mayor and Council affirmatively state that they do not elect to come within said provisions and that this Resolution is not to be construed or interpreted as an election to come within the provisions of said Statute and said Chapter.
5. This Resolution is in no way intended to infringe upon the authority, duties or responsibilities of the City Manager regarding employees of the City of Dover as provided by the Charter of the City of Dover more particularly Section 34 through 37 inclusive.
ADOPTED: APRIL 17, 1980
(Note: Original Resolution is also included in book)