Campaign ads, mailers, and letters laud Mark Schaeffer’s role in the withdrawal of the Angola Royal Farms application. He himself publicly admits his behind-the-scenes communications to influence the outcome. What he has given is a rare opportunity to confirm what the public had long suspected – the Good Ole Boy Network is alive and well in Sussex!
Sussex County consistently informs the public that council members and P&Z commissioners must adhere to an ex parte communications policy and not participate in any discussion with the parties to a pending application or the public outside a public hearing, and that they are to deliberate solely on information contained in the public record. This is to promote fairness, transparency and accountability in government. I have respected and defended this rule to Sussex2030 members when they questioned why they could not discuss pending applications with their elected officials. Now, I feel like a naïve fool.
The lot owner of Royal Farms’ application disclosed in his Oct. 4 letter to the editor. He said Schaeffer offered support throughout the process while the application was pending. Schaeffer explained to several constituents that the withdrawal was his win because he persuaded Royal Farms’ CEO and attorney, his longtime friends, to withdraw, to which he later conceded that residents played a big role with huge opposition, which gave birth to Route 24 Alliance. He then glibly added on a public broadcast that he has lived here all his life, knows many people, can pick up the phone and get things done in five minutes, and that many things are done behind the scenes.
Although Schaeffer took credit for this as his big win for preservation, he has since said that the application may come back in a couple of years when the area roadwork is completed. How can the public be assured that nothing was promised to the lot owner and/or Royal Farms for their withdrawal at this time? Should the public trust that he doesn’t also engage in ex parte conversations to help developers through the approval process? Backroom influencing, if unmonitored and left to fester, can easily lead to abuse and breach of public trust.
The county ex parte rule is consistent with Delaware’s Sunshine Law enacted in 1977, which states, “It is vital ... that public business be performed in an open and public manner so that our citizens shall have an opportunity to observe the performance of public officials and to monitor the decisions …” Schaeffer’s penchant for backroom discussions shows his disregard for both the county and state provisions, and it causes distrust among the public because he is hugely backed by developers.
It’s time for Sussex County to investigate and codify ex parte communications prohibition and enforcement measures in its code of conduct.
During his 2016 council election campaign, Schaeffer was quoted: “The days of the good old boys are over.” It is indeed long overdue.
What Schaeffer claims to have accomplished here seals my Sussex County Council District 3 vote for Jane Gruenebaum.
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