Lee: How long can ‘good old boy’ network go on?
Eul Lee is a resident of Angola.
Campaign ads, mailers and letters in Sussex County laud County Council candidate Mark Schaeffer’s role in the withdrawal of the Royal Farms application in the Angola area. He himself publicly admits his behind-the-scenes communications to influence the outcome. The net effect of this is a rare opportunity to confirm what the public has long suspected: The “good old boy” network is alive and well in Sussex!
Sussex County consistently informs the public that council members and Planning & Zoning Commission members must adhere to an ex parte communications policy — meaning that they cannot participate in any discussion with the parties of a pending application or the public outside of a public hearing and that they are to deliberate solely on information contained in the public record — to promote fairness, transparency and accountability in government. I have respected and defended this rule to Sussex2030 members when they questioned why they could not discuss pending applications with their elected officials. Now, I feel like a naive fool.
The lot owner of Royal Farms’ application disclosed in his letter about “Mr. Schaeffer’s ‘continued’ support throughout the process,” while the application was pending. Mr. Schaeffer explained to several constituents that the withdrawal was “his win” because he “persuaded” the Royal Farms CEO and its attorney — his longtime friends — to withdraw, and he later conceded that residents played a big role, with huge opposition giving birth to the Rt24Alliance. He then glibly added on public broadcast that he has lived here all his life, knows many people, can pick up the phone and get things done in five minutes, and that many things are done behind the scenes.
Though Mr. Schaeffer took credit for this as his big win for preservation, he has since said that the application may come back in a couple of years, when the area roadwork is complete. How can the public be assured that nothing was promised to the lot owner and/or Royal Farms for their withdrawal at this time? Should the public trust that he doesn’t also engage in ex parte conversations to help developers through the approval process? Backroom influencing, if unmonitored and left to fester, can easily lead to abuse and breach of public trust.
The ex parte rule is consistent with Delaware’s sunshine law, enacted in 1977, which states, “It is vital … that public business be performed in an open and public manner so that our citizens shall have an opportunity to observe the performance of public officials and to monitor the decisions.” Mr. Schaeffer’s penchant for backroom discussions shows his disregard for both county and state provisions, and causes distrust among the public because he is hugely backed by developers.
It’s time for Sussex County to investigate and codify ex parte communications prohibition and enforcement measures in its code of conduct.
During his 2016 council election campaign, Mr. Schaeffer was quoted: “The days of the good old boys are over.” It is indeed long overdue.
What Mr. Schaeffer claims to have “accomplished” here seals my vote for Jane Gruenebaum for Sussex County Council District 3.
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
