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An ad-hoc citizens group has objected to the state ethics commission’s opinion that planner David King should not vote on a proposed 68-foot building on the Dewey/Ruddertowne parcel when the issue comes up in planning hearings. The group accuses Commissioner Mike Eisenhauer, who asked the commission for an opinion, of abusing a state commission to manipulate community matters and says the commission denied King his constitutional rights of due process.
But Eisenhauer says he asked the commission for a ruling on behalf of the town because of legal concerns about a five-page email King sent out in June, entitled “An Open Letter to Dewey Beach Residents and Property Owners.” In the letter, King calls the proposed building massive and says he fears it will cause congestion and take away from the Dewey way of life.
Eisenhauer sent a copy of the letter to the Delaware Public Integrity Commission (PIC), and the commission has advised King to abstain from voting.
In a letter written on July 24, the commission states under the state code of conduct, officials may not have any interest that may tend to substantially conflict with their official duties. It states, “The letter clearly expresses his position, which is against the Architectural Committee and developer before any hearing by his board.” Eisenhauer said, “He should have never said anything, and should have kept his mouth shut. This has never come up in the 25-year history of the town.” He said other officials, including commissioners and planners, have not publicly expressed personal opinions on the issue.
Citizens to Preserve Dewey, an ad-hoc group that opposes relaxing height restrictions for the proposed complex, wrote a letter to the commission on Aug. 1, asking for a reconsideration of the decision. The letter says the Public Integrity Commission violated state law by denying King his constitutional right to due process, such as a hearing to refute the charges of unethical behavior. “The PIC should not allow the advisory opinion process to be used as a backdoor attempt to adjudicate ethics allegations outside of the formal hearing process,” the letter states.
One of the founders of Citizens to Preserve Dewey, Joy Howell, wrote, “Essentially, it was an attempt to intimidate David King and potentially other members of the Planning and Zoning Commission, through the misuse of the advisory opinion process.”
She said the commission issued an advisory opinion, including the recommendation that David King not participate in the Ruddertowne issue, without David King having a chance to defend himself or present evidence to the contrary.
King said he heard from a few people in town that someone had formally complained about his email, but he did not receive official notice until after the commission met. He said he didn’t know the state was having a hearing on his ability to vote until after the hearing occurred.
Eisenhauer said he did not discuss his question to the commission with King because he did not feel it necessary. Eisenhauer said his email to commission Chairwoman Janet Wright was not an attempt to intimidate anyone. He said he initially asked town attorney John Brady if the town would be liable if King voted, and Brady recommended Eisenhauer ask the state commission. His email, sent June 14, states, “My question is: Did David King, as Vice Chairman of the planning and zoning commission, violate state ethics rules when he published and distributed the attachment?” He also asks the commission what action should be taken. Eisenhauer said the response from Citizens to Preserve Dewey is a tactic to slow the process of considering the project. “They’re trying to do everything to get things stalled and the timeline that’s been set can’t be met, so no one has to vote, and Harvey Hanna will just walk away,” he said. King has requested a hearing with the commission, which is expected to be held Tuesday, Aug. 21. The first planning meeting on the Ruddertowne project is Aug. 23.
The developers have said their agreement with landowner Highway One LLP will expire in October, and if the company has not reached agreement with the town by then, the company will not build the proposed 68-foot hotel/condo project.
Contact Molly Albertson at mollyalbertson@gmail.com
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