The Delaware Open Meetings Law states that all gatherings of a quorum of members of a public body, whether formal, informal or through video conferencing, with the intention of discussing public business, are considered meetings. These meetings must be held in a public place.
All public bodies are required to give at least 7 days notice for all meetings. The required agenda is not binding and can be changed prior to the meeting.
One has to wonder what was going on in the minds of members of the Sussex County Council as they conducted at least three meetings behind closed doors as members of the county’s administrator search committee. The meetings were not posted and not held in public.
Interviewing potential applicants in an executive session behind closed doors is OK, but any other action by the committee should be conducted in open session.
That’s the law. Dan Kramer knew it, and he has filed two Freedom of Information Act complaints against the committee and council.
One has to also wonder why council members are on the committee in the first place. I can understand they want to be informed and get the right person for the job, but this hands-on approach is a little too much.
The committee comprises staff and council with no input from anyone else. Perhaps adding one or two well-informed county residents to the committee might have been a good idea.
It’s a big decision. No one disputes that the county administrator’s job is the most important one in county government.
As the process is set up, the search committee will make a recommendation to council on the best applicant. Yet, the committee is council and they will be making a recommendation to themselves.
It’s odd no matter how you twist it around.