LEWES, Del. - An independent investigation into the temporary removal of a Historic Preservation Architectural Review Commission meeting video from the City of Lewes website is expected to be completed Friday, July 10, but it remains unclear whether the public will ever see the findings.
The City of Lewes hired attorney Max Walton to investigate why the May 7 HPARC meeting recording was removed from the city's page just before the Lewes City Council election. On May 27, Lewes City Manager Ellen Lorraine McCabe said she ordered the video be taken down. Walton said the investigation took about 3 1/2 weeks to complete.
Walton told CoastTV the report is confidential and proprietary. He said it will be up to the Lewes mayor and city council to decide what, if anything, will be released publicly.
Mayor Amy Marasco said that once council receives the report, she will schedule an executive session later this month for council members to discuss the findings.
When announcing the investigation, Marasco said the process would be transparent and be used to prevent similar situations in the future. Now, she said, the decision on whether the public sees the findings rests with the full council.
Walton also said the investigative report will not be subject to Delaware's Freedom of Information Act because it is protected by attorney-client privilege. As far as the cost goes, Walton told CoastTV he will have that number next week.
The investigation stems from the temporary removal of the May 7 HPARC meeting recording from the city's website shortly before the May Lewes City Council election.
Former HPARC Chair Kevin Mallinson used the public comment portion of that meeting to criticize city leadership and Councilmember Joe Elder. Two days later, Elder won re-election by 35 votes over challenger Kevin Keane, who previously told CoastTV the timing of the video's removal raised questions.
Lewes Building Official Jon Ward later said he requested the recording be removed because he believed comments made about him could interfere with a pending personnel complaint, though he said he did not know who actually removed the recording.
McCabe later told CoastTV that she directed staff to temporarily remove the video after consulting with legal counsel and human resources. McCabe said the decision was intended to support Ward, involved in a pending complaint, to preserve the integrity of that process, not to influence the election or limit transparency.
A separate second investigation involving workplace harassment allegations made against Deputy Mayor Khalil Saliba by Lewes City Manager Ellen Lorraine McCabe and Deputy City Manager Janet Reeves, continues.
