It says his actions did not violate the County Ethics Ordinance.
Frederick County Commissioner Kirby Delauter did not violate the County's Ethics Ordinance as alleged in a complaint. That's according to the County Ethics Commission which issued its ruling on Monday.
The complaint filed in October charges that Delauter's construction company, W.F. Delauter and Son, participated in projects which were supervised by Frederick County employees.
The ethics panel ruled against the complaint. "The Commission finds that the commissioner has not violated the Ethics Ordinance as alleged," it says it a ruling.
"After reviewing the complaint and the record and listening to the testimony at the hearing, it appears that there is little, if any, dispute over the material facts," the Commission continued in its ruling. "The commission agrees that an overly rigid application of the ordinance would be unwise and not in the public interest. It is unrealistic for the commission to follow an ultra-conservative approach to interpretation of the Ethics Ordinance's conflict of interest provisions, recognizing that public officials will often have business ties with others in the community."
The opinion also states that Commissioner Delauter can remain in compliance with the Ethics Ordinance if his company doesn't bid on county projects while he's in office, and he recuses himself from voting on privately-funded projects which W.F Delauter and Son is involved.
Commissioner Delauter purchased the company in 1993 with current partner Carl Atheny. It was founded by his grandfather in 1955.