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After FOIA complaint, Sussex council rehires director

Appointment not on agenda when top P&Z official named
August 28, 2017

Now it's official. At its Aug. 8 meeting, Sussex County Council rehired Planning and Zoning Director Janelle Cornwell even though she's been on the job since Oct. 4, 2016.

Deputy Attorney General Jason Staib upheld a recent FOIA complaint filed by Dan Kramer of Greenwood that the director was hired illegally because the agenda for that meeting did not specify her appointment.

Cornwell, who replaced Lawrence Lank when he retired, came to the county as a former planner with Kent County government.

“We conclude that county council violated FOIA’s open meeting requirements as alleged and recommend that county council reconsider the issue at a subsequent public meeting,” Staib wrote.

During the meeting, council went into executive session to discuss personnel. After returning to regular session, County Administrator Todd Lawson said as a result of discussion in executive session, he, Lank and county council recommended filling the position with then Planning and Zoning Manager Cornwell. Council voted 5-0 to name Cornwell director appointee and then director when Lank retired.

Staib wrote: “The agenda did not expressly state that county council intended to discuss and vote on succession planning for top management at the planning and zoning office. Instead, the agenda included a statement of county council's intent to convene in executive session to discuss a personnel issue and other sensitive matters.”

He said the agenda did not include a general statement of all major issues that council expected to discuss. The agenda had no reference to an anticipated planning and zoning director vacancy. “Nor did it disclose any plan to fill that vacancy at the Oct. 4, 2016 meeting,” Staib wrote.

Councilman Ron Arlett, R-Frankford, said he was confused. “In executive session we had personnel as an item. Isn't Janelle Cornwell personnel?” he asked.

“Yes,” Lawson answered. “We did not provide enough detail.”

“It has nothing to do with her qualifications. The vote has to be taken in a public forum and councilmembers need reasons for their vote on the record,” Lawson said. “It's an agenda correction of what the attorney general feels is a FOIA violation. I'm not certain we agree, but in the future, we will try to do a better job.”

See the opinion:

http://opinions.attorneygeneral.delaware.gov/2017/07/20/17-ib28-07192017-foia-opinion-letter-mr-dan-kramer-re-foia-complaint-concerning-sussex-county-council

 

 

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