Lewes Mayor and City Council has approved the hiring of an outside law firm to investigate why video of a public meeting, in which critical comments were made about then-city council candidate for re-election Joe Elder, was pulled from the city's website before election day.

Council met in executive session May 20 to consider what action to take.

Mayor Amy Marasco sent the text of the motion she made, and council unanimously approved it.

"I move that mayor and counsel retain external council [other than the city solicitor's law firm] to conduct an independent investigation into conduct relating to the removal from the city's website prior to the city's May 9, 2026, election for city council, of a video recording of a May 7, 2026, meeting of the Lewes Historic Preservation Architectural Review Commission."

Marasco said council was on the same page and understood the seriousness of the video removal. She said she does not know who was involved in ordering the video to be taken down. The video was on the city's website on the morning of May 8, but was later removed.

In the video, former HPARC Chair Kevin Mallinson addressed his former panel during the public comment section at the end of the meeting. Mallinson had resigned two weeks earlier at the end of his term. He cited differences with the city that would likely have led to him not being reappointed.

Mallinson praised members of HPARC, then delivered critical comments about Councilman Joe Elder, who served as the panel's ex officio member.

"When I scheduled an executive session to privately address the erratic and ineffective actions of the ex officio to the city council, Joe Elder, the meeting was canceled by the city council," Mallinson said. "His inappropriate comments, his backroom negotiations with applicants and wild confabulations have really been disruptive. He is often unprepared and unwilling to effectively fulfill his role to the commission."

Elder was re-elected for a second council term two days later.

At council's May 19 meeting, Mayor Amy Marasco appointed Councilperson Tim Ritzert as HPARC ex officio, removing Elder from the role.

Elder said he will collaborate with Ritzert during the transition.

"I served on HPARC for three years, and I think I served very well," Elder said. "I'm proud of my service on HPARC. I'm not sure why the video was taken down. It was an unfortunate statement that was made. I guess there was anger for some reason, but everybody has an opinion."

Marasco said that the video investigation is not related to a seperate, independent investigation on a personnel complaint filed against Deputy Mayor Khalil Saliba. She said she expects that two different law firms will conduct the investigations.

The full HPARC video from May 7 can be seen at lewes.civicweb.net.