REHOBOTH BEACH, DE - The Delaware Attorney General’s Office has issued an opinion finding Rehoboth Beach in violation of Freedom of Information Act (FOIA) laws during the hiring process of Rehoboth’s new City Manager.
In an official opinion WBOC obtained Wednesday, June 26th, Deputy Attorney General Dorey L. Cole said the City failed to publicly discuss the employment contract and compensation package offered to current City Manager Taylour Tedder. Cole also says Rehoboth officials failed to properly notify the public of two executive sessions and public comment periods on meeting agendas.
The issued opinion comes in response to a formal complaint submitted to the Attorney General’s Office by Rehoboth Beach citizens asking Delaware’s Department of Justice to investigate the hiring of Tedder.
Tedder accepted his role as City Manager with an annual salary of $250,000, $50,000 for move-in assistance, and a $750,000 housing loan that will be forgiven if Tedder stays in the position for seven years. Tedder began his role as City Manager in May.
“Public employees’ compensation is a matter of public record, as it is ‘well settled that citizens have a right to know how their public servants are compensated with taxpayer monies, in whatever the form that compensation might take,’” the Attorney General’s Office Opinion reads. “Accordingly, we find that the City violated FOIA by engaging in discussions of the City Manager’s employment contract, and especially the compensation package, in executive session.”
The DOJ also says the City did not properly notice two executive sessions in November 2023 and January 2024 held to discuss the qualifications of the candidates for the role of City Manager.
Attorney General Kathy Jenning’s Office goes on to suggest any action taken in violation of FOIA, in this case Tedder’s hiring, may be voidable by the Delaware Court of Chancery. The decision to do so would be left to the court, though the DOJ notes that course of action should not be taken lightly. The DOJ suggests to Rehoboth Beach’s Board of Commissioners, to avoid the courts’ involvement, to hold a public meeting to discuss the City Manager’s compensation package and ratify their vote to hire him in compliance with the open meeting requirements under FOIA laws.
In a formal statement, Rehoboth Beach Mayor Stan Mills responded the Attorney General's opinion stating:
"To be clear, the City of Rehoboth Beach Board of Commissioners always believed that it was following Freedom of Information Act requirements and that discussion and approval of the city manager’s employment agreement in executive session was permissible," says Mills. "We are disappointed with the attorney general’s determination."
Mills continues, "That said, the Board of Commissioners supports the attorney general’s commitment to openness and transparency in government. Transparency in government is important, and the state’s Freedom of Information Act is our guide. To have been found in violation of FOIA laws signals a failure in the city’s transparency and is an injustice to our citizens. We are committed to adhering to FOIA principles. We can and will do better."
Many Rehoboth Beach residents applaud the AG's declaration, including Thomas Gaynor, who filed the formal complaint.
"The Attorney General's opinion, I think is a pretty stiff indictment of not only the leadership of Rehoboth, but the Mayor's approach to governing in general," says Gaynor. "It is 'We will do it behind closed doors, we will tell you what the result it is, and you will pay the bills'. That stops as of today."
Rehoboth Beach resident Richard Kaplan says he's disappointed by the decision, but supports the DOJ's suggestions.
"The communication system needs to go to lower levels, i.e. to the people," says Kaplan. "Not that you're asking the people to say 'tell us what we can do', but to seek how people feel about these things."
Gaynor calls Tedder an "innocent bystander in all of this" and hopes this prompts the mayor to change.
"Are you going to be a partner with the people of Rehoboth or is going to continue to rule by dictot? I hope it's not the latter because we'll meet him at every step," says Gaynor.