New Castle County Council President Paul Clark was sanctioned by his colleagues Tuesday in response to a lingering controversy surrounding an e-mail Clark sent to developers last month.
The resolution, approved by a 7-5 vote, calls on Clark to refrain from sponsoring or spearheading land use legislation “until public confidence in the impartiality of the process” is restored.
The vote came after nearly two hours of discussion from both Council and members of the public.
Councilwoman Stephanie McClellan (D-Newark), the resolution’s lead sponsor, said she felt the body was compelled to act in the light of the public outcry over the e-mail, which was sent to two dozen developers and attorneys requesting feedback on specific code changes and included the tagline from Saul Ewing, the real estate law firm of Clark’s wife, Pam Scott.
“This is being done solely to protect the ability of this body to govern effectively,” McClellan said. “When public confidence has been diminished, it is this governmental body’s responsibility to try to earn it back.”
Clark, however, defended the e-mail. He said an advisory opinion he sought last week from the Ethics Commission confirms members of Council are allowed to communicate with trade groups. He said his only sin was unintentionally including the e-mail tag.
“The only reason this resolution is presented tonight is because of my clumsiness on the computer,” he said. “How many of you have pressed send and regretted it? How many of you have not made a mistake? I really do acknowledge my mistake and I’m sorry.”
Clark said he would not abide by the resolution, which is non-binding, because he said he had an obligation to pursue policy he believes is in the best interest of the County.
Councilman Jea Street, who supported the resolution, said he thought Clark had done a good job acknowledging the perceived conflict with his wife and not voting on land use plans she presented to Council. But he said the e-mail alone was damaging enough to the public’s perception of the fairness of the County’s land use process that some action had to be taken.
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THE VOTE YES: Cartier, Hollins, McClellan, Street, Tackett, Tansey, Weiner NO: Bell, Clark, Reda, Sheldon, Smiley |
“I’m not anti-development, I’m not even anti-Paul,” Street said. “I am anti-conflict of interest.”
More than 100 residents attended Tuesday’s meeting, many remaining until after 10:20 p.m. vote.
Bill Davis, a self-described small business owner, said he believed Clark did nothing wrong in sending the e-mail and agreed that changes to the code were needed.
"The permitting process has been incredible,” he said. “I was close to going under and I asked him if he would expedite the process.”
Beverly Baxter, president of the Committee of 100, an economic development advocacy group, blasted the Council’s efforts to censure Clark.
“[The resolution] builds upon an attitude that has prevailed in New Castle County for awhile among some civic activists, that development and developers are bad,” she said.
Others said they believed the Council was sending a strong message that public trust was paramount.
“County Council is keeping their house in order,” said Bill Wheatley. “This is not political or personal. It’s sending the right message to the public that the County Council holds their own accountable and that no deals are made behind closed doors.”
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Councilman Timothy Sheldon (D-Pike Creek) said he believes the resolution pre-empted and undermined any Ethics Commission investigation that might be sought.
“I would be the first to sponsor legislation asking him to step aside if he’s found to do improper things, but this has no teeth,” he said.
And Councilman Bill Bell (D-Middletown) said he believed the Council was capable of ensuring an open process is followed.
“The checks and balances sit in this very council chamber tonight,” he said.
Clark said he believed one way to regain the public trust was to hold a series of open workshops on the land use process. He floated legislation to fellow Council members on Monday that would have established those workshops, but he said he didn’t feel like there was adequate support and did not bring it forward for a vote Tuesday.
