Special Session on Petition for Disqualification of Councilmember DeLuca - February 4, 2026

This special session of the Mayor and City Council was held on Wednesday, February 4, 2026, at 1:00 PM to address a petition for disqualification of Councilmember Tony DeLuca based on allegations that he does not maintain a lawful domicile in Ocean City. The meeting included public testimony, presentation of evidence by both the complainant and Councilmember DeLuca, and council discussion. A motion to disqualify failed for lack of a second. The council voted 6-0 to refer the broader issue of charter eligibility for council members to a future work session.

Public Comments & Testimony

• Linda Carter Howard (13307 403 White Street): Thanked Councilmember DeLuca for his service on the green team and special events zones. Urged him to resign to avoid a residency hearing becoming the final note of his career, stating it would be better to remember his years of dedication than the details of the petition.
• Leslie Smith (107 Convention Center Drive): Presented a detailed complaint alleging Councilmember DeLuca is not a legally domiciled resident of Ocean City. Submitted exhibits including: sale of his Gateway Grand condo in April 2023; purchase of a condo in Annapolis with a sworn affidavit that it is his principal residence; purchase of a unit at Coconut Mallory in May 2024 with a deed stating it is not a primary residence and an investment mortgage; homestead tax credit on the Coconut Mallory despite deed restrictions; a neighbor's report that DeLuca is in Annapolis 80% of the time; and his role as vice president of the Grandview condominium board. Argued this violates Maryland election law, real property law, tax law, and traffic law. Requested that DeLuca resign or that the council table any votes involving him pending a law enforcement investigation.
• Michael Bell (9000 Caribbean Drive): Expressed dismay that the council allowed the situation to persist. Stated that DeLuca's votes over the past two years affected citizens and property owners, and urged him to step down.
• Isaac Spearman (141 Tunnel Avenue): Noted he had previously raised this issue. Urged council members to stand up if they believe the process has gone too far.
• Robert Canauer (1321 Peachtree Road): Detailed a timeline of DeLuca's property transactions and registrations, arguing that he certified false information on his candidacy affidavit and did not meet the 30-day voter registration requirement. Concluded that DeLuca should resign honorably to uphold election integrity.
• Henry Paulie (13314 Atlantic Avenue): Called the evidence overwhelming and urged DeLuca to resign immediately.

Discussion Items

• Councilmember DeLuca's Presentation: Presented documents including: deed to Coconut Mallory (May 23, 2024); driver's license showing Ocean City address; homestead tax credit in Ocean City; vehicle registrations in Ocean City; voter notification card; 2024 tax returns filed in Worcester County; E-ZPass records showing eastbound trips only; and a letter from Coconut Mallory confirming he resides there and does not rent his unit. He explained that he travels to Annapolis weekly to care for family members with medical needs, including his daughter-in-law with Alzheimer's, but maintains that Ocean City is his primary residence. He stated he spends approximately four days in Ocean City and three in Annapolis per week.
• Councilmember Proctor: Questioned DeLuca about his candidacy affidavit signed June 11, 2024, certifying he was a registered voter when his official registration was July 10, 2024. DeLuca said he registered at the DMV on June 4 and assumed that made him a voter. Proctor also highlighted inconsistencies in the deed for Coconut Mallory being recorded as an investment property. She argued that DeLuca does not live in Ocean City full-time and that the charter requires full-time residence, stating she could not differentiate his situation from that of a previous candidate (Ms. Smith) who was disqualified for being present only 70% of the time. She made a motion to disqualify DeLuca, but it received no second.
• Councilmember Savage: Expressed frustration at being put in this position. Acknowledged DeLuca's good attendance and service but stated he does not meet the spirit of the charter, which intends for full-time residents to serve. Noted that DeLuca meets the letter of the law but not the intent.
• Councilmember Metrasic: Argued that the evidence is circumstantial and that DeLuca meets the current charter requirements. He compared the situation to the earlier Ms. Smith case, where he voted based on the letter of the law despite personal feelings. He stated he would vote consistently based on the rules, not on optics or feelings.
• Councilmember Yates: Weighed the evidence and noted the lack of direct proof that DeLuca is absent. However, he expressed concern about setting a precedent and emphasized the need for clear charter language to avoid future disputes.
• Councilmember James: Emphasized that the charter currently does not define "full-time" and that the council's role is to interpret existing rules. He supported referring the issue to a work session to clean up the charter.
• City Solicitor Heather Stansbury: Clarified that under federal law, a person is not officially registered to vote until receiving a voter registration card, which could explain the date discrepancy. Also noted that the petition concerns failure to maintain residency after qualification, but prior events may be relevant to the discussion.

Key Outcomes

• Motion to Disqualify Councilmember DeLuca: Councilmember Proctor made a motion to declare his seat vacant, but it received no second and thus failed.
• Motion to Refer Issue to Work Session: Councilmember Metrasic moved, seconded by Councilmember Yates, to refer the topic of eligibility for council members (including charter qualifications) to a future work session. The motion passed with six votes in favor (Councilmember DeLuca recused). The work session will aim to clarify the charter's residency and domicile requirements to prevent future disputes.
• Adjournment: The meeting adjourned at 2:51 PM with a unanimous vote of the six present council members.