The independent investigation into a meeting video that was removed from the City of Lewes website the day before the election is now complete, but it is unclear if mayor and city council will release the findings.
City Manager Ellen Lorraine McCabe ordered the video of the May 7 historic preservation architectural review commission meeting be taken down to protect an employee's rights.
At the end of the HPARC meeting, former commission Chair Kevin Mallinson made comments critical of Councilman Joe Elder, the HPARC ex officio member, and city building official Jon Ward. Elder was running for re-election.
The city hired attorney Max Walton to conduct the investigation, which took about one month.
Walton said the report is confidential and proprietary, so only council can decide what it will do with it. He said that he hopes to send the report to council by the end of this week.
While he said he could not comment on the findings, Walton said he conducted the investigation in the same way as previous investigations he has done. He said the people he interviewed were not under oath.
Mayor Amy Marasco said that once council receives the report, she will schedule an executive session to discuss the findings. She said the session could be held in about two weeks.
From the beginning, Marasco said the investigation would be transparent. But she now says it will be up to council whether the public will ever see the findings.
"The document is confidential, proprietary to council. In that executive session, council needs to decide what it wants to do," Marasco said. "I'm on the record as saying this is about a change in a practice and about transparency, but I don't have the information yet."
Marasco and City Solicitor Alex Burns said the document will not be subject to Freedom of Information Act guidelines, unless council decides to release any or all parts of the findings.
Walton said he did not yet know how much the video investigation would cost the city.
A second independent investigation is underway on the conduct of Deputy Mayor Khalil Saliba.
McCabe and Assistant City Manager Janet Reeves filed a complaint against Saliba in May, accusing him of bullying, harassment, discrimination and retaliation. Saliba denies all of the accusations.
The city's Human Resources Department hired a different law firm to conduct the Saliba investigation. Shelby Shockley, HR manager, has said she cannot comment on the investigation.
Marasco said she believes the Saliba investigation might be completed in late July or early August.
Mayor and city council met in executive session July 7, but did not discuss either investigation, according to Marasco.




