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The results of Cape Henlopen School District’s referendum approving a new school will stand, despite complaints that school district officials improperly influenced the vote and received an improper donation.
In an opinion issued late Thursday, March 23, Attorney General Carl Danberg ruled that no election laws were broken when the school district offered a pizza party to the school from which the most parents turned out to vote. Danberg’s opinion noted his decision did not rule out a civil suit.
In a press release, the Attorney General’s Office concluded that the school district’s actions “did not violate Delaware law and therefore are not subject to prosecution.”
At the same time, the Attorney General’s Office found district officials created the appearance of impropriety.
“However, where a school district simultaneously entreats parents of its students to vote yes in the referendum and informs the parents that those students have the opportunity for a reward if sufficient parents vote, the district creates an appearance of impropriety,” the press release states.
“Such conduct undermines the public’s confidence in the election results, as well as school officials and should be avoided.”
The March 16 referendum asked voters if they support a tax hike of 45 cents per $100 of assessed home value to fund a new high school. That question passed 54 percent to 46 percent.
A second question, asking voters if they support a tax hike $.11 per $100 of assessed home value to fund an indoor swimming and diving center, failed 52 percent to 48 percent.
The election results were officially certified by the Sussex County Department of Elections soon after the Attorney General’s Office issued its ruling.
“We’re certainly pleased about that,” said Cape Henlopen Superintendent George Stone. “Our intentions all along were just to get kids come out and watch their parents vote. We think the whole issue was unfounded.”
Delaware State Auditor Tom Wagner has also been asked to investigate the referendum for funding improprieties. “We’ve gotten several calls, some from constituents and one from a legislator asking us to take a look at it,” said Nick Adams, executive assistant to Wagner.
Booth, R-Georgetown, said he asked for the audit because he wants the public to be confident the referendum was handled fairly.
“I wanted to make sure we had closure for the people who are disappointed with the results and to allow the school board members to move forward,” Booth said.
“Our office is comfortable with the ruling of the attorney general and we don’t plan to investigate anything related to the cape Henlopen School District referendum at this time.
“We are certainly not trying to downplay what is going on because it is a big issue for the voters down there, but we have audits going on now that deal with theft and abuse of hundreds of thousands of dollars,” Adams said.
Now that it appears the controversy is behind them, Stone said, maybe it’s finally time to celebrate. “I think there should be pizza for everybody in the whole district,” he said. “I think I just may spring for it myself. I may just buy everyone in this district some pizza.”
Construction on the new high school is expected to start in 2007 and school officials say the school will be open for the students in September 2010.
As far as the pizza party, district officials say the winning school is Sussex Consortium. No vote tallies were available at press time.
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