Taylour Tedder

PHOTO COURTESY OF REHOBOTH BEACH

By Brian Gilliland

REHOBOTH BEACH — For the second time this year, the state attorney general’s office has decided that the city violated Freedom of Information Act standards for government communications.

This case involves Rehoboth Beach’s hiring of Taylour Tedder as city manager.

“We determine that the City’s Board of Commissioners violated FOIA by holding an executive session for an improper purpose, by failing to properly notice two executive sessions, and by failing to notice a public comment period on the agenda,” reads the Wednesday decision, signed by deputy attorney general Dorey Cole.

The decision follows a similar one in February, in which the office found that Rehoboth Beach violated communication standards in its hiring of Alex Burns as city solicitor in November 2023. It was also signed by Ms. Cole.

The remedy offered for the earlier infraction was for the mayor and commissioners to publicly discuss their reasoning for hiring Mr. Burns, which it did during its March meeting.

The attorney general’s recommended fix for the latest violation is comparable.

“In this case, we recommend that the board discuss the city manager’s contract, including the compensation package, and ratify the vote associated with the city manager’s contract in a future meeting held in compliance with FOIA’s open meeting requirements,” the decision reads. “This meeting agenda must include time for public comment.”

According to the city’s website, the commissioners have scheduled special meetings July 8 and 19. Since at least 2020, the site notes, regular meetings of the Board of Commissioners are scheduled on or after the 15th of each month.

The Freedom of Information Act requires agenda publication by 4:15 p.m. seven days in advance of a meeting, meaning the public notice period for the July 8 gathering begins Monday.

“To be clear, the City of Rehoboth Beach Board of Commissioners always believed it was following Freedom of Information Act requirements and that discussion and approval of the city manager’s employment agreement in executive session was permissible,” Mayor Stan Mills said in a statement.

He added that he is disappointed with being found in violation.

“Transparency in government is important, and the state’s Freedom of Information Act is our guide. To have been found in violation of FOIA laws signals a failure in the city’s transparency and is an injustice to our citizens,” the statement continues. “We are committed to adhering to FOIA principals. We can and will do better.”

In Delaware, the authority to invalidate a public body’s action or offer any other relief is reserved for the courts — in this case, the Court of Chancery — which views such actions as serious sanctions, Ms. Cole stated.

Mr. Tedder’s appointment was announced in April. He is a former city manager of Boulder City, Nevada, a community of 15,000 about 26 miles southeast of Las Vegas and home to the Hoover Dam.

His compensation package was widely reported on, as his contract started with an annual salary of $250,000, about $90,000 more than his predecessor, but also provided an interest-free, forgivable loan of $750,000 to purchase a house within 15 miles of City Hall.

After four years, if Mr. Tedder remains on the job, 15% of the loan would be forgiven, or about $112,000. The next year, another 15% would be pardoned. In the sixth year, 30% of it would be, and on the seventh anniversary, it would be completely forgiven.

According to the Boulder City Review, Mr. Tedder’s annual salary was $187,000 when he left the position there.