OCEAN CITY, Md. - Ocean City councilmembers on Wednesday delayed a decision on whether Council Secretary Tony DeLuca is eligible to remain in office after a former council candidate asked the town to declare his seat vacant under the town charter.
The Ocean City Council held a special session at Town Hall to consider a petition filed by Leslie Smith, who argues DeLuca does not meet the town’s residency and domicile requirements. Smith and other members of the public spoke during the meeting and urged the council to remove him.
Councilwoman Carol Proctor made a motion during the hearing to disqualify DeLuca and declare his seat vacant, citing the Ocean City charter provision that governs removal of elected officials. Councilmembers debated both the facts presented and the broader question of how the charter should be interpreted and enforced.
DeLuca, one of the council’s longest-tenured members and first elected in 2014, presented information during the hearing and argued that he meets the qualifications required by the charter. He also discussed family circumstances, including a serious illness involving his daughter-in-law, and said that was the reason he purchased a property in Annapolis and traveled back and forth. DeLuca contends Ocean City remained his intended domicile.
Smith said after the meeting that she presented what she believes are records showing DeLuca spends much of the year at the Annapolis address. “Today I basically I brought all the facts that I feel prove that Councilman DeLuca does not live in Ocean City full time, that he resides in Annapolis for the majority of his time,” Smith said. She also claimed affidavits show he stays in Annapolis “seven out of the 12 months of the year.”
Councilmembers questioned DeLuca during the hearing about records discussed in the meeting, including EZPass travel information and voter registration documentation. Proctor said the reasoning for time spent outside Ocean City is not the issue, and she argued the charter’s intent is that councilmembers live in town year-round. Proctor also raised concerns about a signed affidavit discussed during an earlier eligibility review, saying DeLuca attested he was a registered voter when, at that time, he was not.
City Solicitor Heather Stansbury addressed questions raised during the discussion and said voter registration does not become official until a voter receives a registration card, which councilmembers referenced as part of their debate over the affidavit and the eligibility standard.
Council President Matt James said he was frustrated by the situation, noting he enjoys serving with DeLuca, but questioned whether the charter’s intent was met. James also raised concerns about public trust and how the decision could shape future elections, suggesting the town may need to revise the charter to make residency requirements clearer.
Councilman John Gehrig said the situation “optically” looked bad and compared the current challenge to prior eligibility disputes, including Smith’s disqualification during a prior election cycle. Gehrig noted he previously supported allowing Smith to run, saying consistency matters if the council is applying the rules evenly.
Other members expressed caution about making a determination based on evidence they described as difficult to conclusively prove. Councilman Will Savage said some of the information cited in the hearing was inconclusive.
Councilman Jake Mitrecic said that if the council applies the letter of the charter, DeLuca may technically meet the requirements, and he warned about setting a precedent that could be used in future political disputes. Mitrecic also said the charter does not specify a minimum number of days required in Ocean City, and he could not support removal without clearer language.
Ultimately, the council did not vote on disqualifying DeLuca. Instead, members approved a motion to move the eligibility question to a future work session. A date for that work session was not announced Wednesday.