The editorial below appeared in the News Journal on February 16,2011. Great read and a call to action for all civic minded people in New Castle County, Delaware.
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A consent calendar means an agreement exists among the members that no one will put anything on it that needs debate. The purpose of it is to relieve a busy council from the necessity of reading everything.
Our council serves part time. By putting a resolution on it that did need debate, Councilman George Smiley deceived his colleagues and hundreds of his constituents for the benefit of a developer.
If Smiley was acting in his role as a committee chairman, he was ethically obligated to see that legislation assigned to his committee was handled properly. He has been dishonorable and he should be censured for his conduct.
But the council does not have to live with this mistake. Unlawfully enacted legislation does not become law.
The vote on lifting a deed restriction is a discretionary vote; therefore, it must be preceded by a fact-finding hearing. First error.
The citizens are entitled to testify regarding the lifting of a deed restriction to which they are essentially a party. It was a violation of their due process rights not to allow that, hence the resolution is unconstitutional. Second error.
Resolutions govern only the internal matters of a legislative body. State law specifically requires that anything done by County Council that has the force and effect of law must be done by ordinance. Third error.
Enough of the council did not cast a knowing vote – instead one based on fraud – therefore the vote was not legitimate. Fourth error.
The resolution is void ab initio. The council president can declare it that and require the sponsor to have it redrafted as an ordinance and reintroduced.
This is a test. Do we have a government of laws or not?
Christine Whitehead, Mill Creek
Trust must be earned and our government is lacking in that department.
ReplyDeleteIt is inconceivable that Mr. Smiley did not know that what he was doing was absolutely UNETHICAL!!!
ReplyDeleteWhy in the hell would Council even consider allowing the vote to stand???
Even if you were a Councilperson that did know about the Resolution and you later find out that Mr. Smiley deceived your colleagues, isn't it your ethical responsibility to demand a revote??? What would you expect your colleagues to do for you if the shoe was on the other foot???
In light of this obvious corrupt behavior, how could anyone consider allowing the vote to stand????
Do all of you behave this corruptly???