PIC review leaves Hunker fuming

Shots fired – just when it seemed Rehoboth Beach commissioners were all getting along.

Commissioner Mark Hunker is upset at fellow Commissioner Stan Mills for seeking an advisory opinion on Hunker from the state Public Integrity Commission. Mills questioned whether Hunker, who owns two Rehoboth restaurants, Eden and JAM Bistro, should recuse himself from votes on the restaurant patio ordinance, the noise ordinance and from discussions involving Rehoboth Beach Main Street. Hunker sits on the Main Street board of directors.

In its response, the commission advised Hunker to recuse himself from the patio discussions. Hunker voted on the revised ordinance, which allows restaurants to keep their patios open as long as the restaurant is open. Hunker said he did not recuse because he did not receive the commission’s opinion until after the vote was held. The patio ordinance passed unanimously.

Following an advisory opinion from the commission in March, Mills recused himself from the patio ordinance vote. In that matter, the commission found Mills used public office to pursue private interest. Two citizens had requested the PIC to review Mills' conduct on the patio issue.

The city commissioners are divided in what direction they want to go in discussions on the noise ordinance. The integrity commission recommended Hunker recuse or seek additional guidance from the commission if the talks turn to changing the law pertaining to noise provisions on restaurants or patios.

The commission did not identify any conflict of interest regarding Hunker’s affiliation with Main Street. Indeed, as Hunker said, members of Main Street have served as city commissioners before, most notably former Commissioner Kathy McGuiness who founded the organization and served on the board while commissioner.

Hunker said he did not see any conflict of interest voting for the patio ordinance, even though JAM has a patio. He said when was sworn in as a commissioner in September, the hours provision in the patio ordinance had already been suspended. All the commissioners were doing was making a temporary change permanent, he said.

Hunker called Mills’ report “dirty politicking” designed to keep Hunker from voting on the noise issue.

“I asked Stan to resign for his actions against me and the shame and embarrassment that he has caused this city over the past year and a half,” Hunker said. “I think it's horrible that he would do this to a peer and go against the will of the commissioners to get the vote his way.”

Mills said, "Elected officials are afforded the opportunity to seek advisory opinions relative to state code of conduct on themselves and colleagues.  I have sought opinions on myself; also on Commissioner Hunker.  Such opinions can have the privilege of confidentiality and so I will defer further comment until I hear what information he is releasing to the public."