AG: Rehoboth didn’t follow FOIA when hiring new attorney

The Attorney General’s Office has issued a ruling saying Rehoboth Beach mayor and commissioners violated Freedom of Information Act rules when they voted to hire a new city solicitor in November without sufficient public notice.

Former City Solicitor Glenn Mandalas, who had been with the city since 2006, announced Nov. 6 he was stepping down. At the time, he said he would continue to work for the city as long as it took them to find his replacement, but he also strongly recommended Alex Burns, a junior attorney at his law firm. City commissioners discussed the recommendation in an executive session after the workshop. When they came out, they voted unanimously in favor of hiring Burns.

The petition questioning the hiring of Burns was filed by property owner Jan Konesey, who argued the selection of a new city solicitor was not sufficiently noticed on the agenda for a commissioner workshop Nov. 6.

Deputy Attorney General Dorey L. Cole issued her ruling Feb. 13. She said the general public could not discern that commissioners planned to discuss and undertake the selection of a new city solicitor even when viewing together the agendas of the Nov. 6 workshop and a special meeting following the workshop.

To clear up the matter, Cole recommends commissioners discuss their reasons and ratify the vote related to the city solicitor in open session at a future meeting.

Mayor Stan Mills said commissioners felt hiring Burns was important because he provided a level of continuity the city needed.

The day after the ruling, Feb. 14, Mills said transparency and accountability are paramount, and commissioners take the matter seriously.

“We are committed to rectifying this issue swiftly, and this incident will serve as a learning opportunity to enhance our adherence to FOIA regulations and improve our transparency efforts,” he said.

Mills said the issue will be on the commissioner workshop and voting meeting agendas in March. This will provide the public with appropriate and adequate notice to attend and view the discussions about selecting a new solicitor.

Mills said Burns will continue to serve as the city solicitor.