The attorney general’s finding that Rehoboth Beach commissioners violated the state’s open meeting law in hiring City Manager Taylour Tedder is no surprise, but it does highlight the urgent need to strengthen Delaware’s Freedom of Information Act.
Deputy Attorney General Dorey L. Cole determined that commissioners violated FOIA by holding an executive session for an improper purpose, by failing to properly notice two executive sessions, and by failing to notice a public comment period on the agendas of eight meetings.
The critical weakness of the existing FOIA is evident in the fact that, to right their wrongs, commissioners need only hold a public hearing to discuss and rubber-stamp what they have already done, including awarding Tedder an annual salary greater than that of the governor and members of Congress, along with a forgivable $750,000 loan.
Of course, commissioners also must accept public comments, many of which certainly will focus on the higher parking rates, mercantile fees and property taxes imposed to help pay for Tedder’s exorbitant compensation package.
Mayor Stan Mills’ claim that “we are committed to adhering to FOIA principles” rings hollow since this is not the first time he and other commissioners have flagrantly disregarded the law. In fact, the Tedder matter is the third time in just eight months commissioners have been found in violation of FOIA.
Moreover, the city retains counsel (another expense) who is supposed to advise commissioners on legal matters and laws such as FOIA. When the current solicitor was appointed last November, Mills crowed about his “good legal acumen and attention to detail.” One wonders if that extends to FOIA.
Rehoboth commissioners and other public officials who blatantly – and repeatedly – disregard FOIA apparently feel emboldened to do so because there are no consequences for their actions.
Voters should ask candidates for statewide office if they agree with the need to strengthen FOIA in ways that make government more transparent and officials more accountable. For example, are they willing to amend FOIA to provide meaningful and progressive penalties – such as fines or removal from office – for officials who continually disregard the law?
The attorney general did not rule on other portions of residents’ petition, including the question of Tedder’s noncompliance with job requirements clearly specified in the city charter.
In that case, it will be up to voters to act. They can start by dismissing officials who believe they are above the law and beyond accountability to those they are sworn to serve.
Peter Harrigan
Rehoboth Beach
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