Outside probe sought in David Grimaldi's traffic stop

The Elsmere Town Council and a New Castle County councilwoman want Delaware Attorney General Matt Denn to examine the circumstances surrounding a traffic stop tied to the firing of the county’s No. 2 official.

"There is nothing here that isn't weird," said County Councilwoman Lisa Diller, who plans to co-sponsor the legislation that would ask for an independent investigation into the dismissal of Chief Administrative Officer David Grimaldi last week.

The Elsmere Town Council convened a special meeting Thursday night that resulted in a similar motion requesting an outside investigation.

County Executive Tom Gordon fired Grimaldi, his top aide since 2012, over the phone on Oct. 29, but the two officials disagree on what prompted the move. Grimaldi has said the termination was because he had confronted Gordon about allegations of nepotism within the government and raised concerns about employee complaints in the county Risk Management Office not being properly addressed.

Gordon has said the firing was prompted because Grimaldi tried to use his position to influence the outcome of a traffic stop by an Elsmere police officer, who issued him a citation for driving with a suspended license two days before the firing. Grimaldi’s black Jaguar had been stopped on Kirkwood Highway after the officer ran his plates and found his license was suspended for failing to pay a ticket for driving 83 mph in a 55-mph zone in Maryland last year.

In a police dashboard camera video obtained by The News Journal, Grimaldi is heard telling the officer, “You know your mayor works for me,” referring to Elsmere Mayor Steve Burg, an executive assistant for the county whom Gordon appointed in 2012. Grimaldi, whose $139,000-a-year job included oversight of 18 departments, was Burg’s supervisor.

During the traffic stop, Grimaldi used his cellphone to contact Burg, but the call wasn’t answered. Gordon on Monday said the call was “a clear attempt” to influence the situation.

Grimaldi disputes that he did anything improper and says he called Burg to get a ride after being issued the citation, which barred him from driving. On Monday, he posted online an audio recording of a call with Burg in which Burg offers to “yank” the ticket. Grimaldi is heard declining the offer.

Burg has said he made the suggestion because he feared for his county job had he not offered to help his supervisor. He said he has no power to void a ticket.

In the phone call recording, Burg also is heard recounting how Diller was criticized during the Oct. 27 County Council meeting by Councilman Jea Street over a land dispute dealing with a new library on Del. 9. Diller said the comments didn’t play a role in her call for an independent investigation.

"Mr. Burg can think whatever he likes about me. The problem is: We now have three times on the tape him offering what is essentially a crime," Diller said.

Diller, who previously clashed with the Gordon administration over executive branch officials having access to County Council email accounts, said she is “not a fan” of Grimaldi, but said his statement to the officer about his position is open to interpretation.

"I wondered if he was just trying to establish a rapport with the officer," she said.

Diller said a third-party is needed to review Burg's comments, rather than political officials like members of County Council, the executive branch or the county Ethics Commission.

"I think the important thing is that you really want someone who is objective to take a look at this," Diller said. "I got questions about how Mr. Grimaldi got pulled over."

Gordon on Thursday said he does not intend to take action against Burg because his actions were not part of his work as a county employee.

"I don't think he had any intention of doing anything," Gordon said. "I think he was scared."

The County Council is scheduled to discuss its motion next week.

Burg has been mayor of Elsmere for two terms.

About 30 residents attended the Elsmere Town Council meeting Thursday night, with some calling for council members to take action against Burg. They voted 5-1 to ask for the Attorney General's Office to investigate, with Councilman Robert Kacperski voting against the move.

Kacperski said he would not comment about the vote after the meeting. Burg, who recused himself from the vote, also declined an interview request Thursday evening.

“It goes back to the basics. … When you get caught doing something wrong, you get in trouble. That was wrong. That goes against the flag and the Pledge of Allegiance and what we stand for,” said resident Laurie Shade. “I got a ticket. My ticket isn’t gone. What makes my ticket any different?”

Resident Ron Anderson argued for leniency.

“I believe this meeting should not even be taking place based on secret recording by a man who was obviously trying to bring down anyone he can,” Anderson said. “There isn’t a person out here that has not said something in confidence to another person that they shouldn’t have. I’m proud to say you are my mayor.”

Elsmere Town Councilman John Jaremchuk said before any further action can be taken, city officials need guidance on whether Burg's statements violated any law. Options include approving a measure that says the council no longer has confidence in Burg's leadership.

Earlier Thursday, Elsmere Police Chief Laura M. Giles said police commonly run license plates without cause, which is what happened when Grimaldi was cited.

"The officer did his job and that is the end. ... As long as you are on a public street, it is legal," Giles said, declining further comment on the stop.

An official for the Attorney General’s Office declined to comment on the requests.

On Thursday, Sam Guy, former county deputy chief administrative officer, was named acting chief administrative officer.

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com. Follow @Ber_Xerxes on Twitter.