Request For Clarification Of DNREC's Role In The Delaware Chamber Of Commerce/Public Policy Institute Group On Coastal Zone Act Changes

Pressure to circumvent environmental law in Delaware is evident where ever you look. For instance, here's Dave Carter's letter to DNREC ~ Clarification Of DNREC's Role In The Delaware Chamber Of Commerce/Public Policy Institute Group On Coastal Zone Act Changes

Dear Honorably Secretary O’Mara and Deputy Secretary Small,

It has recently been brought to my attentions that the Delaware Chamber of Commerce, Delaware Public Policy Institute, and/or DNREC are formulating a group to be chaired by John Taylor to consider and develop changes to the Delaware Coastal Zone Act.

As such, I write to request clarification of the DNREC role, how you will ensure the public interest will be placed above special interests if you participate, and whether this will be used to further delay the implementation of the CZA Act and Regulations as currently written.  I would also like to formally request that Delaware Audubon Society be included in this effort if DNREC is a participant.

Question 1: What involvement will any publicly funded DNREC staff have in this effort, and if any publicly funded staff is participating, with all meetings and deliberations be kept fully open to the public? 

As you know, we are concerned that DNREC is not following the Coastal Zone Act and regulations as promulgated.  For example, the Coastal Zone indicators have never been implemented.

While we recognize that some special interests believe the law unclear or in need of change, this does not relieve DNREC of the burden of implementing the laws and regulations of the State as written. 

We are concerned that this effort by the third party groups may be used as a delay in complying with the current laws and regulations.  This would be unacceptable and would constitute a breach of your oath of office that is required of all appointed public officials in Delaware.

Question 2: Please clarify if you will continue to delay the implementation of the key provisions of the Delaware Coastal Zone Act and Regulations while awaiting the results of this effort, and how this would not be considered a failure to “uphold and defend the Constitutions of my Country and my State“.

As you are aware, Title V, Section 5101 states:

§ 5101. Oath of office; fee.

Every person elected or appointed to any public office of trust or profit in this State, before entering upon the duties of such office, shall take and subscribe the oaths or affirmations set forth in article XIV of the Constitution. Such oaths, reduced to writing, duly signed and certified, shall be recorded in the office of the recorder of the county of the official's residence. No fee shall be required by the recorder of any person appointed by the Governor to serve as a volunteer member of an advisory council.

The oath from Article XIV of the Delaware’s Constitution is:

"I, [Collin O’Mara or David Small], do proudly swear (or affirm) to carry out the responsibilities of the office of [Secretary or Deputy Secretary] to the best of my ability, freely acknowledging that the powers of this office flow from the people I am privileged to represent. I further swear (or affirm) always to place the public interests above any special or personal interests, and to respect the right of future generations to share the rich historic and natural heritage of Delaware. In doing so, I will always uphold and defend the Constitutions of my Country and my State, so help me God."

Question 3: Please explain how you will ensure this effort by the Delaware Chamber of Commerce and/or the Delaware Public Policy Institute will "place the public interest above any special or personal interest, and respect the right of future generations"?

Most importantly, I would like to formally request that if DNREC is involved with this effort, that the Delaware Audubon Society is also offered a participatory role in the process and decision making.

I look forward to your response and clarification on this critical issue facing our State. 

Sincerely,

David Carter, Conservation Chair

Delaware Audubon Society

Also see:

http://www.dscc.com/advocacy-policy/index.aspx

Delaware State Chamber of Commerce, Inc.

Each year dozens of bills are introduced before the legislative bodies and hundreds of decisions are made by government officials that will affect the way business is conducted in Delaware. It is impossible for most businesses to keep track of every governmental action that can impact them. Keeping track of these activities, reporting them to members, and helping to ensure that these potential laws and regulations do not have an adverse impact upon Delaware’s economic climate is the role of the Delaware State Chamber of Commerce.

The Legislative Insider is a newsletter that keeps State Chamber members informed about advances at the local, state and national levels. It is distributed by e-mail when the legislature is in session.

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 http://www.dppi.org/

The Delaware Public Policy Institute (DPPI) is a nonprofit, nonpartisan, nongovernmental public policy research organization. The Institute identifies emerging issues that drive Delaware’s future agenda. Created in 1990, the organization conducts research to offer real solutions for problems affecting all Delawareans.

The DPPI is an affiliate of the Delaware State Chamber of Commerce (DSCC). The DSCC strengthens Delaware's businesses through programs, legislative advocacy, small business services, and special networking events. To learn more about the DSCC, visit their website at:  http://www.dscc.com

And Markell Talks The Talk On Climate Change But Will He Walk The Walk? 

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