Xerxes Wilson

The News Journal

The New Castle County Board has been asked to increase funding for the County Ethics Commission.

The seven-member panel investigates allegations of ethic missteps by workers and officials.

A series of high-profile and controversial cases have involved county workers in recent months.

A citizen board that scrutinizes alleged unethical behavior by New Castle County government employees is asking for more money to process a backlog of investigations.

New Castle County Council as soon as April 12 could debate whether to increase the County Ethics Commission budget from $216,000 to $366,000 for the fiscal year ending in June. The commission last week formally asked the council for the money, citing a "record number of complaints."

"We are in a situation that has never been seen before in the history of the Ethics Commission," said Julie Sebring, an attorney for the seven-member panel, on Friday. "A normal year might have eight complaints in all. We pretty much have doubled that right now."

The board investigates allegations of conflicts of interest and misconduct by employees and officials. Four board members are nominated by the County Council and three by the county executive. Both the legislative and executive branches have oversight over the commission budget.

The oversight panel was created in 1990, as part of a new ethics code being established. Complaints can be made anonymously, and the commission doesn't release information about what's being investigated.

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Among other controversies, the panel is believed to be reviewing mudslinging between members of the council, Auditor Bob Wasserbach and Gordon. The Gordon administration waged a public campaign to discredit Wasserbach and a controversial audit of county investments as politically motivated. The News Journal covered the conflict in a three-part series last year.

County Attorney Bernard Pepukayi last week came to County Council to get permission to transfer emails that were at the center of that fight to the commission.

Sebring on Friday said she could not comment on why there is a record number of complaints. She said they need more investigators to handle the 10 to12 inquiries underway, and several other complaints are in the preliminary stage.

"Some of the things we are working on are extremely complicated and could have far-reaching consequences," Sebring said.

Sebring is tasked with conducting a preliminary evaluation of each complaint to determine if it is worth a closer look. If the panel determines a full investigation is needed, an independent investigator has 180 days to collect evidence and testimony before reporting back to the commission.

Ultimately, the panel decides whether there is a violation of the county’s ethics rules. The commission can also refer violations to authorities for criminal investigation and also issues advisory opinions and processes financial disclosure forms for elected officials.

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The board meets in open session, though discussion of individual complaints is conducted in private, executive session. Members are also prohibited from speaking about individual complaints, which are not made public. Even when the commission issues an order following a complaint, any identifying information of the parties involved is not included.

"The code states that everything is to remain confidential," Sebring said.

The appropriation being requested would nearly double the amount available to the commission. A search of legislation filed in the past 20 years shows no other instance were the commission's budget was amended mid-year. It is unclear how many complaints would constitute a record number for the commission to process because of the secretive nature of the board.

County Councilman Penrose Hollins, who has been on the council since 1990, described the increase as "significant" but said it is premature to take a position before the council hears from the commission.

"The Ethics Commission, typically they don't communicate with us unless there is such an incident where they need more money," Hollins said.

County Councilwoman Janet Kilpatrick said there should be a different mechanism for funding the commission's need because some on council or within the executive office could potentially be the subject of the investigations.

"The Ethics Commission is autonomous. They do their own thing without reporting to anyone, which is how I imagine it needs to be," Kilpatrick said. "I find it strange that anybody could say no to them."

Questions for Gordon were directed to county Chief Administrative Officer Timothy Mullaney Sr., who said Gordon's office looks forward to hearing the commission's presentation.

It is unclear who might be the subject of the complaints after a year that included several controversies and allegations of wrongdoing in county government.

Those include fallout from the controversy surrounding Kevin Usilton, executive director of First State Animal Center and Society for the Prevention of Cruelty to Animals, who asked the Ethics Commission to investigate Wasserbach's role in a 2013 audit of First State. Usilton said Wasserbach inappropriately influenced an audit of the KCSPCA to benefit another nonprofit animal shelter group, Faithful Friends Animal Society, where the auditor now is president of the board. Wasserbach has denied the allegations.

Wasserbach also went to the commission and asked for an opinion about his conduct. The panel denied the request, saying opinions are provided only to officials seeking an assessment of whether a future action will meet county ethics guidelines. The commission said a complaint, which deals with actions that have already take place, would need to be filed for the issue to be considered.

The commission has issued an average of four orders tied to complaints annually for the past decade. The most in a year was six in 2009.

Sebring said it is likely the commission will need more money than normal in the coming fiscal year. In February, commission officials gave Gordon a preliminary budget request that would give the commission an increased budget for the next fiscal year that begins in July. Gordon rejected the increase in the budget he presented to County Council.

"It is not a particularly good situation for the Ethics Commission where it needs a little extra money to have to go to the executive office to look for more money because of the nature of what we might be looking at," Sebring said. "It would be better if the commission was given what it was needed and if we don't use it goes back to the county."

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

New Castle County Ethics Commission