In a move viewed by many as political, Sussex County Councilman Mark Schaeffer called on fellow Councilman John Rieley to resign at an Aug. 30 council meeting.
During councilmember comments, Schaeffer said he was distressed to learn Rieley admitted he accepted free dirt from a developer, as well as free labor and equipment to transport it his farm.
“I think that’s a huge issue and I think it reflects badly on Sussex County Council. I think it is unacceptable,” Schaeffer said. “I think it, quite frankly, rises to the level that Mr. Rieley should consider resigning from the council.”
Council President Michael Vincent and Council Vice President Doug Hudson made it clear they thought Schaeffer was being unprofessional and using the council dais to play politics. Vincent gaveled and chastised Schaeffer multiple times as he spoke; Hudson said at one point the discussion was “sad” and “ridiculous.”
“It’s … all about wanting somehow to figure a way that Mr. Rieley doesn’t win the election and the candidate you support does, and that’s sad,” Vincent said to Schaeffer during the meeting. “It’s embarrassing.”
The meeting was the council’s last prior to Tuesday’s primary election, in which Rieley faces Planning and Zoning Commissioner Keller Hopkins. The winner of the Republican primary will face Democrat Billy Edwards in the General Election Nov. 8.
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‘A common farming practice’
According to Rieley, accepting dirt from developers is a common farming practice in Sussex County.
“Farmers across the county accept topsoil because when retention ponds are dug in developments the developer ends up with a significant amount of soil left over,” Rieley said. “We gave a place for them to dispose of it, they in turn trucked it to our farm. So we both benefited from that arrangement.”
“Dirt being hauled from a developer to a council member’s farm gives the appearance of a kickback,” Councilwoman Cynthia Green said.
Rieley pointed out he and other farmers accept spent grain from breweries to feed their cattle and said that situation is no different than the one being debated.
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“What I’m hearing is that as a sitting member of council I should not be able to engage in normal and standard farming practices that are utilized by farms across this county,” Rieley said.
As Vincent accused Schaeffer of trying to help Hopkins in the election, Schaeffer said he wanted to “set the record straight,” he had not publicly endorsed any candidates, whereas Vincent and Hudson had endorsed Rieley.
A few days after the meeting, Schaeffer publicly endorsed Hopkins.
Hopkins, when reached by phone, said he was not aware Schaeffer was going to suggest Rieley resign. He said he and Schaeffer do not have a close relationship but do speak occasionally.
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Public integrity complaints
Hopkins and Schaeffer both said they have not and don’t plan to submit complaints to the state Public Integrity Commission.
“That’s up to the constituents of (Rieley’s) district,” Schaeffer said.
According to Rieley, the day after the council meeting, he instructed the county attorney to write a letter asking the Public Integrity Commission to investigate him to prove his innocence. County spokesman Chip Guy confirmed Rieley made the request, but did not provide the letter.
Public Integrity Commission complaints are private, so the only way to substantiate a complaint has been submitted is if it is provided.
Dan Shortridge, a Kent County resident, provided a copy of a complaint he filed against Hopkins Sept. 7.
He alleged that between 2018 and 2019, Hopkins’ business, Hopkins Construction, obtained six permits from the Delaware Department of Natural Resources and Environmental Control to perform work within the Independence development in Millsboro.
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Hopkins’ May 26, 2022, vote as a Planning and Zoning commissioner in favor of a new phase of development at Independence, Shortridge claims, was a conflict of interest and a violation of the Public Integrity Commission’s Code of Conduct.
“As a Kent County resident and a registered Democrat, I can’t vote in that election,” Shortridge said in an email. “But as someone who grew up in Sussex County, has family living in Sussex County, and loves Sussex County, I believe that legitimate ethical concerns raised during this campaign must be addressed.”
Shannon Marvel McNaught reports on Sussex County and beyond. Reach her at smcnaught@gannett.com or on Twitter @marvelmcnaught
