Yann Ranaivo

The News Journal

Some Wilmington City Council members want to know why a consultant is being paid to do the job of a city employee assigned to oversee risk management.

Council members said they have learned that risk management and employee benefits director Jenny Hinkle was reinstated after appealing an employee action within the last year, but has not been allowed to return to her job.

James Robb, a lawyer who previously provided risk management services for New Castle County, is overseeing the city's risk management duties while Hinkle remains on the payroll but has been told to stay home, council members said.

"She's been getting her paycheck, but she's not allowed to come to work. I just think it's silly we're paying this person a full-time salary, plus paying a consultant," Councilman Bud Freel said.

The issue has been pending for months, without answers for council members. Councilwoman Loretta Walsh initially brought the matter up during an April 9 budget hearing for the city's law department. But city solicitor Michael Migliore, citing pending litigation, declined to discuss the case at the time.

"That's a live litigation matter. That is not appropriate, with all due respect, to discuss in open," Migliore told Walsh during the meeting.

Migliore didn't return a call seeking comment last week, while Alexandra Coppadge, a spokeswoman for Mayor Dennis Williams, also citing pending litigation, declined to talk about the matter.

Hinkle's husband, Lou Hinkle, answered a call to the couple's home but declined to comment.

According to the city salary database, Hinkle's salary for 2013 was $60,428. In her lawsuit, she said she was fired in August 2013, so her salary only shows what she was paid until she was fired. Hinckle was reinstated in March, and so far for this year, she has been paid $32,975.

Robb, who identifies himself as "a part-time consultant as the acting risk manager for the City of Wilmington" on his resume posted on the LinkedIn website, was paid a temporary salary. He earned $11,320 in 2013 and $19,319 so far this year, according to the database.

Council members said they are wondering why a person who has been cleared to work has been told to remain at home. They also question why the city is paying two people for the same position.

Freel, chairman of the council's finance committee, said he's considering bringing the matter up during a council or committee meeting in the near future.

Walsh said she would understand if Hinkle was working from home because many people "in this day and age" have access to computers and tools that allow them to work remotely. But Walsh said that doesn't answer why the city brought on another person to serve as risk manager.

"Those of us who know about the case are scratching our heads as to why she's ordered to not come back to work," Walsh said. "We would just like somebody to walk us through from beginning to present, whether that's the personnel director, city solicitor or HR director."

Walsh said she hopes the matter gets resolved soon.

"The less answers we have, the more curious we become," Walsh said. "Why isn't she back at work? And why is someone else collecting money, too, for doing her job?"

Councilman Mike Brown echoed Walsh's comment, saying the case could lead to a lawsuit against the city.

Brown said he finds the matter hypocritical. He said he doesn't understand why the city is paying two people for one position while some criticized him two weeks ago when he had the city pay nearly $1,000 to fly him first-class to Wilmington to take part in a council vote.

"There's two sets of rules," Brown said. "Who's jumping up and down now?"

Councilwoman Maria Cabrera said the case is unfair to the taxpayers and Hinkle.

"Only government gets away with this stuff," she said. "If we ran government like a private business, we would rethink things."

UPDATE 8/18/14: This story has been updated to include salary information for Hinckle and Robb.

Contact Yann Ranaivo at (302) 324-2837, yranaivo@delawareonline.com or on Twitter @YannRanaivo.