Letter to the Editor: Compromise offer regarding Seaford’s issues is rejected

Editor’s note: The following was also sent to Sen. Bryant Richardson, R-Seaford, and Rep. Danny Short, R-Seaford, on Monday.

The mayor and City Council of Seaford have created a number of very serious political/legal problems for themselves.

These problems include:

1. Facing investigation(s) for possible violations of the Americans With Disabilities Act by requiring “in-person” presentations of public comment.
2. Defeat and/or repudiation in the Delaware General Assembly of its charter change proposal to allow nonperson voting in municipal elections.
3. Serious questions in the Delaware General Assembly about the motivation behind its charter change proposal to eliminate referendum approval by 5,020 voters in favor of five members of the City Council to spend millions.

Yet, on June 13, when presented with an opportunity to hear a compromise proposal to collectively deal with these problems, Mayor David Genshaw said no.

Nevertheless, the compromise was sent to the mayor and City Council (on June 14) and included:

1. A rewrite of the referendum abolishment (House Bill 107) to include:

1.) Recognition that referendums/“special elections” are the normal, nonemergency methods for required approval of major infrastructure spending.

2.) Upon provision of documentary supporting evidence, allowance for the declaration of a well-defined “limited city emergency,” permitting a one-time suspension of the normal requirement for referendum approval for major infrastructure spending in favor of unanimous approval by City Council, after a minimum of two public hearings to include the presentation of valid documentary supporting evidence.

1. b. Accommodation for those unable or unwilling to make public presentation during regular public comment by adding a provision to allow “submission of written public comment for public presentation by a surrogate or City employee. This provision would include written public comments translated from languages other than English.”
2. Withdrawal of the nonperson voting bill (House Substitution 1 for House Bill 121) as a gesture of good faith bargaining toward achieving an overall compromise.

There has been no response from the city of Seaford to my offer to meet to discuss/negotiate a compromise, with the possible help of Sen. Bryant Richardson, R-Seaford, and Rep. Danny Short, R-Seaford.

FYI: Nonperson voting in municipal elections could be dead on arrival after the introduction of House Bill 189, which states (in part) that the “Act makes clear that corporations and other artificial entities may not be given a vote in municipal elections.”

HS 1 for HB 121 (nonperson voting) is on the agenda in the House of Representatives for Tuesday, June 20, and the Delaware General Assembly will be moving to deal with it and  HB 107 (referendum elimination) by the end of June.

Legal action(s) to resolve a possible Americans With Disabilities Act violation will proceed, possibly along the lines of Mayor Genshaw’s ill-fated fetal-remains ordinance, which was declared illegal in Chancery Court about one year ago.

Interested readers can track progress of the bills in the General Assembly by going to legis.delaware.gov and entering the bill number. Citizen comments to all House members can be channeled through richard.puffer@delaware.gov. Comments to all Senate members can be channeled through ryan.dunphy@delaware.gov.

Dan Cannon

Seaford