Dear Representative Williams:
Please allow this to respond to your additional concerns following receipt of our letter dated March 30, 2016. First, you provided an e-mail from David Blowman to you dated July 15, 2015 in which you were advised that Chuck Taylor stepped down from the Charter School Accountability Committee “for the current major modification application under review.” We followed up with the attorney for the CSAC and she confirmed that Mr. Taylor did in fact step down from the CSAC in July, 2015. However, he was invited to rejoin the committee and agreed to do so in January 2016 after Providence Creek Academy had completed its renewal process. Along these same lines, you also advised that Paul Harrell participated in the CSAC, made the motion to recommend closure of the Delaware Met School, and voted at the CSAC convened in December 2015 when he was not a member of the CSAC. Again, the attorney for the CSAC confirmed through DOE that Mr. Harrell was on the committee at the time he participated. Membership on the CSAC is apparently somewhat fluid and the website apparently does not keep pace with changes in membership, but those are not issues for the Office of Civil Rights and Public Trust to address.
Also, you submitted that the calculation of time one spends lobbying should be based on the amount of time an individual spends lobbying while the Legislature is in session. However, our analysis is based on the specific language in the applicable statute which requires us to look at the amount of time spent lobbying “ in relation to the usual duties of [the person’s] employment.” 29 Del. C. § 5831 (b)(3). Hence, our calculation arrived at the percentage of the person’s total work days in a year, not a percentage of days the legislature meets.
We hope this additional information is of assistance to you.