The Cape Gazette’s Sept. 22 article exposes Deputy Mayor Khalil Saliba and Mayor Amy Marasco’s efforts at retaliation in direct violation of their agreement to abide by the investigation’s summary report. Additionally, they appear to violate two other laws: FOIA’s Open Meetings Act and Lewes’ Code of Conduct. This is the type of D.C. politics we don’t want in Lewes.

After the city managers filed a bullying and harassment claim against Saliba, the city taxpayers paid for an investigation. The results, in the report, forbid retaliation by the parties. Yet, immediately after its release, Saliba said he will “discuss with council [Ellen Lorraine] McCabe’s and [Janet] Reeves’ future with the city.” We support Beth Polakoff’s letter of the same day that says Saliba’s actions “were retaliation and … illegal.” Their complaint included claims of bullying. The report found Saliba’s actions “might violate the city’s anti-bullying policy.” Is this threat another example?

The article explains how Saliba put his statements into action vowing the “other shoe is about to drop” in a text message to another council member and worked behind the scenes to obtain votes for his plan. That text notes that Saliba already had the mayor’s support as he pressures the other councilperson to join them to force the managers’ resignations or fire them. If they followed the report, this should have stopped.

Saliba’s actions also appear to violate FIOA’s sunshine laws that legally prevent elected officials from asking fellow officials for votes in private. Asking for votes one at a time doesn’t change the violation, especially when Saliba included the statement of the mayor’s support when he asked a third member.

Marasco did not deny her involvement in the collusion/retaliation. Instead, she violated FOIA and Lewes’ Code of Conduct (9-3, (h)) when she told the reporter what happened behind the closed doors of an executive meeting. She confirmed the meeting was about the managers’ employment and that, “Council discussed the Saliba text, the (anonymous) employee letter and Saliba's request that the city pay his legal bills … at mayor and city council's Sept. 18 executive session.” City officials are legally and ethically bound not to disclose confidential information gained through their public positions. Leaking information from executive sessions – such as sensitive personnel investigations – violates internal city procedures.

The mayor and deputy mayor must recuse; now it is up to the remaining council members to act and not sweep this under the rug.