Commissioner Hunker expresses concern over Commissioner Mills’ actions regarding noise/patio ordinances (UPDATED Feb 26)
I have nothing to hide, says Hunker
Delaware Online/The News Journal, February 22, 2012
Written by
JON BLEIWEIS
The (Salisbury, Md.) Daily Time
REHOBOTH BEACH -- Commissioner Mark Hunker addressed the Board of Commissioners and the public regarding the advisory opinion from the Public Integrity Commission that fellow Commissioner Stan Mills sought out on him at the board's Feb. 17 meeting.
Hunker placed 30 copies of the PIC response on a table for the public to take. As the commission found no violations against Hunker, he is free to share the information as he pleases.
"I have nothing to hide here," he said. "In my 25 years of working, no one has ever questioned about my being fair or impartial."
Drexel Davison, president of Rehoboth Beach Main Street, said he was glad Hunker spoke up and that Hunker should not be criticized for being involved with RBMS. He said he is disappointed having to read about the negativity looming in the city.
"It's disheartening to good people who are trying to do good things. It's an example of what goes on in the world," he said. "Rehoboth deserves better. I hope you good people stand up to the negativity and make a change."
There was no opinion given regarding Hunker's involvement on the board Rehoboth Beach Main Street, as there are no issues to resolve.
Rehoboth official cleared of conflicts
Fellow commissioner requested PIC opinion
Written by
JON BLEIWEIS
The (Salisbury, Md.) Daily Time
"This is a nice little slap in the face for me," he said. "I hope it doesn't happen to anyone else on this dais and that you don't have to know what this feels like."
Mills asked the PIC whether Hunker's ownership of two restaurants, Eden and JAM Bistro, and his involvement in Rehoboth Beach Main Street posed any conflict of interest.
The PIC, in a Jan. 19 response, said Hunker should recuse himself from a Jan. 20 vote on patio operating hours. The vote turned out to be a 6-0, with Mills recusing himself and Hunker voting, in favor of making patio operating hours the same as the restaurant's hours. Hunker said because of an error with the city's email system, he did not receive the message prior to the meeting.
The PIC does not see any issue with the current discussions that the board is having regarding the city's noise ordinance. There was no opinion given regarding Hunker's involvement on the board of Rehoboth Beach Main Street, as there are no issues to resolve.
Hunker placed 30 copies of the commission's response on a table Thursday for members of the public to take.
"I have nothing to hide here," he said. "I want no one to think that there was any judgment against me."
Mills said all the commissioners need to hold themselves to the same standard. In March 2011, the PIC determined Mills should recuse himself from all matters relating to the city's patio and noise ordinances after he walked around town, recording violations and reporting them to town officials. He has recused himself from discussions and votes pertaining to the ordinances since.
Drexel Davison, president of Rehoboth Beach Main Street, said he was glad Hunker spoke up and that Hunker should not be criticized for being involved.
"It's disheartening to good people who are trying to do good things. It's an example of what goes on in the world," he said.
Fellow Commissioner Mills sought opinion
By Ryan Mavity | Feb 08, 2012
Cape Gazette
Rehoboth Beach Commissioner Mark Hunker is upset at fellow Commissioner Stan Mills for seeking an opinion from the state Public Integrity Commission on whether it is appropriate for Hunker, a restaurant owner, to vote on the noise ordinance and restaurant patio ordinance.
Rehoboth Beach — Shots fired – just when it seemed Rehoboth Beach commissioners were all getting along.
Commissioner Mark Hunker is upset at fellow Commissioner Stan Mills for seeking an advisory opinion on Hunker from the state Public Integrity Commission. Mills questioned whether Hunker, who owns two Rehoboth restaurants, Eden and JAM Bistro, should recuse himself from votes on the restaurant patio ordinance, the noise ordinance and from discussions involving Rehoboth Beach Main Street. Hunker sits on the Main Street board of directors.
In its response, the commission advised Hunker to recuse himself from the patio discussions. Hunker voted on the revised ordinance, which allows restaurants to keep their patios open as long as the restaurant is open. Hunker said he did not recuse because he did not receive the commission’s opinion until after the vote was held. The patio ordinance passed unanimously.
Following an advisory opinion from the commission in March, Mills recused himself from the patio ordinance vote. In that matter, the commission found Mills used public office to pursue private interest. Two citizens had requested the PIC to review Mills' conduct on the patio issue.
The city commissioners are divided in what direction they want to go in discussions on the noise ordinance. The integrity commission recommended Hunker recuse or seek additional guidance from the commission if the talks turn to changing the law pertaining to noise provisions on restaurants or patios.
The commission did not identify any conflict of interest regarding Hunker’s affiliation with Main Street. Indeed, as Hunker said, members of Main Street have served as city commissioners before, most notably former Commissioner Kathy McGuiness who founded the organization and served on the board while commissioner.
Hunker said he did not see any conflict of interest voting for the patio ordinance, even though JAM has a patio. He said when was sworn in as a commissioner in September, the hours provision in the patio ordinance had already been suspended. All the commissioners were doing was making a temporary change permanent, he said.
Hunker called Mills’ report “dirty politicking” designed to keep Hunker from voting on the noise issue.
“I asked Stan to resign for his actions against me and the shame and embarrassment that he has caused this city over the past year and a half,” Hunker said. “I think it's horrible that he would do this to a peer and go against the will of the commissioners to get the vote his way.”
Mills said, "Elected officials are afforded the opportunity to seek advisory opinions relative to state code of conduct on themselves and colleagues. I have sought opinions on myself; also on Commissioner Hunker. Such opinions can have the privilege of confidentiality and so I will defer further comment until I hear what information he is releasing to the public."
