|
A Dewey Beach resident is accusing the town of breaking state law for failing to comply with the Freedom of Information Act. Ellen Danaher filed a complaint with the state attorney general claiming the town did not properly advertise its meetings and did not include important issues in agendas, including allowing tall buildings in districts created by the comprehensive development plan.
Town attorney John Brady said the Freedom of Information act gives the public notice of business that is going to be conducted and has specific requirements on how meetings and agendas are to be posted.
He said the complaint lists six agendas that did not meet state law, including two Ruddertowne committee meetings that didn’t mention allowing a 68-foot building, two meetings where the comprehensive plan was adopted, and two meetings that were not in the newspapers.
Brady said he will answer the complaint by Monday, Aug. 6.
Mayor Dell Tush said the complaint pertains to months of meetings. “We’ve been asked to provide information to send to the attorney general office and it’ll all depend on what he decides,” she said.
Danaher, who is a member of the Citizens to Preserve Dewey, which is opposed to allowing any building taller than 35 feet, was not available for comment.
Commissioner Mike Eisenhauer, who was chairman of the Ruddertowne Architectural Committee, said “The committee did not announce discussing change in height because we hadn’t seen the developer’s proposal and we didn’t know the proposed height.” Commissioner Dale Cooke said if the town did not provide residents with enough information it was not intentional. “We’ve tried to do our best to get people involved,” he said.
The attorney general may take up to 20 days to write a decision on whether the town has violated state law. If the Attorney General Beau Biden determines Dewey has violated the law, Danaher is permitted to ask him to sue the town on her behalf or to sue on her own. Brady said if Biden finds Dewey in violation, the town will be asked to hold future meetings and post agendas seven days prior to notify the public of what will be discussed in the meetings.
Contact Molly Albertson at mollyalbertson@gmail.com
|
