The Delaware Department of Justice has found that the City of Rehoboth Beach committed violations of the Freedom of Information Act (FOIA) during the hiring process of its new City Manager. A group of concerned citizens and stakeholders filed a complaint with the DOJ, alleging that the city violated FOIA by not following open meeting requirements when discussing candidates’ compensation. The DOJ determined that the City’s Board of Commissioners did indeed violate FOIA by failing to follow open meeting requirements when hiring Taylour Tedder.
The DOJ’s opinion outlined the city’s failure to provide proper notice for discussions of candidate qualifications, the lack of open public discussion on the contract and compensation package, and the absence of public comment opportunities after executive sessions. While other complaints regarding the city charter and the search process were not under the jurisdiction of FOIA, the DOJ did recommend that the commissioners hold an FOIA-compliant meeting and ratify their vote.
One of the complainants, Tom Gaynor, expressed delight at the outcome but lamented that it was necessary to file the complaint. He emphasized the importance of public input on decisions made with taxpayer money. Rehoboth Beach Mayor Stan Mills stated that the board is disappointed with the DOJ’s determination but supports the commitment to openness and transparency in government. The board plans to hold an FOIA-compliant meeting as recommended by the DOJ.
If the actions of the commissioners are found to be voidable, it will be up to the Court of Chancery to impose any sanctions. Gaynor hopes that a public forum will allow for community input on the extraordinary pay package for the new City Manager. Ultimately, the City of Rehoboth Beach has an opportunity to rectify the situation and prioritize transparency moving forward.
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