By J.L. MILLER
The News Journal
10/18/2005

Cheswold Town Council, already rocked by lawsuits, the firing of the town manager and the resignation of one of its members, has been found in violation of the state's Freedom of Information Act.

The council broke the open-meeting law when its members privately discussed the budget and then voted on it in public with no discussion, according to a 14-page opinion issued by the Attorney General's Office.

In the opinion, which is dated Thursday, Deputy Attorney General W. Michael Tupman also found that the council illegally discussed real estate taxes and the appointment of a code enforcement officer behind closed doors.

Tupman ordered the council to schedule a public meeting in 30 days and to discuss and vote on the three matters in public.

Mayor Peter Diakos said Monday that he had not seen the opinion and could not comment.

The opinion comes in response to three Freedom of Information Act complaints filed by private citizens.

The complaints alleged that the town did not post public notice of its July 7 meeting; held the meeting in a venue that was too small to accommodate the public; illegally met in executive session; reached a consensus on public business while behind closed doors; failed to prepare minutes of the July 7 meeting; and failed to provide access to the minutes of prior council meetings.

In his opinion, Tupman found that the council did post public notice of the meeting, provided adequate space for townspeople to attend and did take minutes of the July 7 meeting. The complaint regarding access to meeting minutes was resolved and not addressed in the opinion.

The town had claimed that the executive session was called primarily to discuss personnel matters involving the police department. Personnel matters can legally be discussed behind closed doors.

However, the minutes of the executive session showed that the topics of real estate taxes and appointment of a code enforcement officer were raised, and the open-meeting law "did not authorize either of these matters of public business for discussion in executive session," the opinion states.

The town had claimed that there was no substantive discussion of the budget during the executive session. However, the town told Tupman that then-Town Manager Edward J. Ryan Jr. had given council members draft copies of the proposed budget seven to 10 days before the July 7 meeting, and that Ryan "had approached all of the Town Council members during the months preceding the meeting for their input into the budget process."

Tupman found that the process violated the Freedom of Information Act because "it deprived the public of any opportunity to monitor and observe the budget approval process."

Newark resident Rick Alexander, a fired town police officer who filed one of the three complaints, said the opinion found the council "in violation of pretty much everything. ... They have to vote in public this time."

Cheswold and its council have been racked by controversy since January, when Ryan left his council seat and was hired to the $51,000-a-year town manager's job. In a stormy meeting Thursday, the council voted 3-1 to dismiss Ryan after it determined his contract was illegal. Councilwoman Conchetta "Connie" Edel angrily resigned her post during the vote.

Townspeople also were angered by the cancellation of the town election and the firing of Police Chief Robbin Vann, who is challenging the firing and suing the council for defamation of character.

Contact J.L. Miller at 678-4271 or jlmiller@delawareonline.com.