Rehoboth Beach officials are considering action with the Public Integrity Commission against a commissioner.

During a workshop Sept. 8, City Solicitor Lisa Borin Ogden provided an update on the city’s ongoing lawsuit filed by two property owners – Steven Linehan and Thomas Gaynor – who are questioning the hiring of City Manager Taylour Tedder in the spring of 2024.

Ogden said depositions were held for Commissioner Francis “Bunky” Markert July 16 and Commissioner Edward Chrzanowski Aug. 28. Both depositions lasted about four hours, and since the plaintiffs noticed the deposition, the city was required to defend them, she said.

Ogden said the most interesting thing about the depositions were questions asked by the plaintiffs’ counsel to Chrzanowski about recent actions of the personnel committee, and a civility and workplace policy that council passed in July. The questions had no bearing on the lawsuit’s remaining counts, but seemed to indicate that information from a recent executive session was shared with him, she said.

“That is concerning,” said Ogden. “We will be contacting the Public Integrity Commission for further guidance.”

Ogden did not mention attorney names or the commissioner in question. Following the meeting, Tedder said the city cannot comment because it’s dealing with pending litigation. However, he said, as of Sept. 10, the city has not filed a complaint with the Public Integrity Commission.

In general, Ogden described the depositions as a waste of money.

“This is another example of legal fees being driven by the plaintiffs’ actions,” said Ogden, adding there is another deposition scheduled at the end of this month. “The depositions accomplished nothing but further expense.”

To date, the total legal fees paid amount to $193,216.55, said Tedder, after the meeting.

Ogden said neither deposition elicited comments critical of Tedder. Instead, she said, Markert, while under oath, said Tedder is universally supported by the commissioners with one vocal exception.

Earlier this summer, the plaintiffs offered to settle the lawsuit if two commissioners resigned. The city has said that’s not going to happen.

Ogden said Chrzanowski, also under oath, called the proposed settlement political theater several times.

As for the lawsuit, the most recent action taken in public was Aug. 15, when city commissioners voted in favor of measures that are intended to make the lawsuit’s arguments moot. Specifically, commissioners ratified Tedder’s hiring and his contract, acknowledged that Tedder has met his obligations since being hired and reclassified Tedder in title only from city manager to acting city manager for the period of time he had worked up to the Aug. 15 meeting.

As part of her update, Ogden said the city’s attorney from Morris James is drafting a petition for the court asking for a summary judgment in favor of the city.

Tedder said the city is not aware of when the summary judgment motion will be filed.