REHOBOTH BEACH, Del. - Delaware's Attorney General's Office has found Rehoboth Beach violated the Freedom of Information Act over its hiring process of new City Manager Taylour Tedder.
According to a decision released Wednesday, the city violated FOIA by engaging in discussions of the city manager's contract and compensation package in executive session, which is held behind closed doors.
"Discussions of salary and other compensation involve the expenditure of public funds and are not related to the individual’s qualifications to hold a job," the decision reads. "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 FOIA complaint was filed in mid-June by concerned residents who argued that the city charter requirements for this position were not fulfilled with Tedder's hire.
The decision also reads that Rehoboth Beach did not properly notify the public on two executive sessions and did not note a public comment period on the agendas.
According to the City of Rehoboth Beach Mayor Stan Mills, himself and the board of commissioners believed they were following FOIA requirements and are disapointed with the attorney general's decision.
"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." said Mills.
Months of scrutiny
Tedder's hiring has been embroiled in controversy from the start. Tedder's $250,000 annual salary, $50,000 in moving expenses and $750,000 housing loan that will be forgiven if Tedder stays for seven years has been the subject of many questions. Mayor Stan Mills previously told CoastTV that Tedder's salary was $90,000 more than his predecessor because they couldn't find anyone to take the job.
What's next
According to the decision, technically any action taken at a meeting in violation may be voidable by the Court of Chancery. The decision cites the Delaware Court of Chancery as stating that the “remedy of invalidation is a serious sanction and ought not to be employed unless substantial public rights have been affected and the circumstances permit the crafting of a specific remedy that protects other legitimate public interests."
With that in mind, the Attorney General's Office recommends Rehoboth commissioners discuss the city manager’s contract, including the compensation package, and ratify the vote at a future meeting held in compliance with FOIA’s open meeting requirements. The AG's office says this meeting agenda must include time for public comment.
CoastTV has reached out to the City of Rehoboth Beach for a comment.