Nepotism complaints submitted to Delaware Public Integrity Commission not common

By Craig Anderson
Posted 11/4/21

DOVER — While potential nepotism concerns connected to state and municipal employees are rare, they’re not completely unheard of either.

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Nepotism complaints submitted to Delaware Public Integrity Commission not common

Posted

DOVER — While potential nepotism concerns connected to state and municipal employees are rare, they’re not completely unheard of either.

That’s according to Deborah Moreau, legal counsel for the Delaware Public Integrity Commission, tasked with fielding confidential concerns from employees on meeting ethical standards.

DPIC, an independent agency, wasn’t involved in addressing any allegations in the case of indicted State Auditor Kathy McGuiness, and Ms. Moreau declined comment on that matter.

But the indictment of a state official has brought interest in agencies charged with oversight of state government operations.

DPIC’s mission is to “administer, interpret and enforce the Code of Conduct (ethics); Financial Disclosure; Dual Compensation; and Lobbying Laws.”

More than 30,000 employees are governed by the that code that applies to the executive branch, officers, honorary state officials and public and charter school employees.

Among five charges, Ms. McGuiness is facing a count of conflict of interest, in violation of the State Officials’ Code of Conduct. Attorney General Kathy Jennings accused the state auditor of nepotism, among other alleged offenses.

Ms. McGuiness was indicted Oct. 11 and pleaded not guilty to all offenses. She remains in her elected position.

Ms. Moreau said the commission typically reviews two to three nepotism concerns a year that fall under the conflict-of-interest realm. None has resulted in a criminal prosecution since she started with DPIC in 2013.

Typically, conflict of interest-related matters and other issues are resolved through a hearing process, where involved parties present evidence and DPIC issues an opinion.

If a violation is found, DPIC then determines a remedy for the situation. Among the options are referral to the Delaware Attorney General’s Division of Civil Rights & Public Trust.

According to DPIC’s 2020 annual report, it received three properly submitted complaints, two of which spurred investigations. But all complaints were dismissed after the commission determined they had not properly alleged a Code of Conduct violation.

“We’ve been able to resolve issues through the administrative process, which is just one step short of referring it to the Attorney General’s Office,” Ms. Moreau said.

When it comes to conflict-of-interest questions presented to DPIC, taking a job post-separation from the state is a frequent concern, along with outside employment by state workers, taking gifts from vendors and contracting, Ms. Moreau said.

DPIC also covers municipalities that don’t have ethics commissions. As of the 2020 report, the agency had jurisdiction over 49 local governments.

Tips on potential code-of-conduct violations often arrive at DPIC, although around 90% are made anonymously, which creates a greater challenge of verifying a complaint, Ms. Moreau said.

The 2020 report said DPIC acted on 46 requests for written advice from individuals seeking direction regarding conflict of interest, etc. Also, 25 formal advisory opinions were issued by the commission, and the commission’s counsel responded to 21 requests for written informal advice. It also noted that the effects of COVID-19 lessened the numbers.

The cases come at a time when ever-increasing duties are accompanied by significantly decreased funding, according to the report.

The reports adds that the General Assembly provided an operating budget of $18,400 to DPIC — the second lowest amount since it was created in 1996. When it debuted, DPIC had an operating budget of $40,100.

Also, according to the report, the budget has been cut by 72% over the past two decades with inflation factored in.

Seven citizens, nominated by the governor and confirmed by the Delaware Senate, sit on the commission. Current members include Andrew Manus, Michele Whetzel, Rourke Moore, Bonnie O’Day Smith, Gary Simpson and Marjorie Biles. One position remains unfilled.

Members cannot be:

  • Elected or appointed federal, state or local officials.
  • Holders of political party offices.
  • Officers in political campaigns.

Members are generally appointed from all three counties and serve a seven-year term. They may continue to serve after the term expires until a successor is appointed and confirmed. Vacancies are filled just as original appointments are.

Members are paid $100 for each official duty and receive a reimbursement for reasonable and necessary expenses.

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