Milford subcommittee backs longer elected terms, clarifies vacancy rules and rejects council oversight of manager hires

The Milford Charter Review Subcommittee agreed on Jan. 7 to forward a package of proposed charter amendments to the full City Council while opposing one specific change that would have required council consent for city manager appointments.

The package includes a phased change in elected terms from two years to three years, new language clarifying when elected officials are disqualified and a seat declared vacant, a proposed shift of the annual organizational meeting from 7 p.m. to 6 p.m., and wording that would codify council authority on proclamations and eminent domain procedures tied to Title 29, Chapter 95 of the Delaware Code.

Why it matters: The changes would alter the cadence of local elections and clarify procedures for removing or replacing officials who become delinquent on city obligations. One element drew sustained debate: added language that would require the city manager to obtain council “consent” to appoint department directors. Committee members said that phrase could create ambiguity about whether a single council objection could block an appointment or whether a vote would be required, and they worried it would invite micromanagement of administrative hires.

Most significant actions and discussion

Terms and transition: The subcommittee agreed to forward language that would make terms three years for newly elected or appointed mayors starting Jan. 1, 2026, and three years for newly elected or appointed council members beginning Jan. 1, 2027 (as phased in for the 2027–28 elections). City Manager Mark explained the change was phased so ‘‘those persons who are gonna serve those 3 year terms need to be elected to serve those 3 year terms’’ and to avoid disrupting current officeholders during the transition.

Organizational meeting time: The draft reduces the time of the annual organizational meeting from 7 p.m. to 6 p.m. on the second Monday following the annual election.

Forfeiture, vacancies and appeals: Proposed edits specify that persons more than two months in arrears on city taxes, special assessments, utilities or other fees ‘‘shall be ineligible for election’’ and that a sitting mayor or council member who becomes delinquent would be disqualified and the seat ‘‘declared vacant’’ under existing vacancy procedures in section 4.05 of the charter. The committee discussed that the city manager or administration would be expected to report delinquencies to council so they could act under the charter’s forfeiture and vacancy provisions.

Eminent domain and proclamations: The draft adds two items to the council’s enumerated powers (Article 3.01): (1) a limited eminent domain authorization tied to Title 29, Chapter 95 of the Delaware state code, and (2) explicit authority for the council, by majority vote, to make proclamations recognizing achievements, historical events or special days.

City manager appointment language rejected: The subcommittee debated adding the phrase ‘‘with the consent of council’’ to the city manager’s authority to appoint department directors (Article 5.05). Members voiced that the phrase could be read in multiple ways — as a procedural check or as a potential one-councilmember veto — and that existing charter provisions already provide remedies if a manager’s appointments are objectionable. The committee therefore decided not to recommend including that addition; as recorded in the meeting transcript, the committee ‘‘does not recommend this’’ change because it ‘‘creates ambiguity’’ and would be ‘‘redundant’’ to existing remedies.

Residency and property-owner voting: Committee members debated whether natural persons who own property in Milford but do not reside there should be eligible to register and vote in Milford elections. The draft language under consideration would have allowed a natural person who owned property in Milford at least 30 days before the registration deadline to register to vote (but would prohibit corporations, partnerships and other legal entities from registering). The subcommittee agreed to return this issue to the full council for its decision and to show the current, stricken and proposed text for transparency.

Process and next steps: The subcommittee chair said the package — with the committee’s recommendations and with the manager-appointment language noted as not recommended — will be presented to the full City Council for consideration, identified in the transcript as being on the council agenda for "the 27th." No substantive public comment was made during the subcommittee’s 15-minute public comment period.

The meeting concluded with a motion to adjourn; the subcommittee adjourned after the motion and second.