Why Should Delaware Care?
The abrupt termination of Kent County’s administrator earlier this fall left the county without a permanent chief administrative officer, who manages the county’s day-to-day operations. Questions have been raised over whether the county commissioners retaliated against the administrator’s filing of Public Integrity Commission petitions.
When Kent County Levy Court commissioners voted to fire Ken Decker, the former county administrator, they did so in a nearly empty chamber quickly after an executive session, without offering the chance for Decker to challenge the ruling.
Decker got the chance to rebut that decision at a public hearing Wednesday, more than a month after that quiet night in Levy Court. But now commissioners were met with a chamber of local residents who came to hear Decker’s side of the story.
Through his lawyer, and some testimony of his own, Decker argued his firing was retaliation for multiple referrals he made to a state ethics commission involving commissioners of the Levy Court. Action was limited at the hearing, but should commissioners decide to adopt a final resolution sealing his termination, Decker intends to file a wrongful termination suit against the county.
‘Rein him in’
At Wednesday night’s hearing, Decker aired out issues between him and county leadership during his 18-month tenure, particularly his referrals of potential conflicts of interest to the Delaware Public Integrity Commission (PIC).
Much of the presentation at Wednesday night’s hearing was delivered by Decker’s lawyer Dan Griffith – a partner at the Wilmington-based firm Whiteford, Taylor and Preston.
Prior to the presentation, commissioners amended the agenda to allow a period for public comment, a move that frustrated Griffith. Not because he and Decker did not want room for a public comment, but because it was supposed to be on the agenda and shouldn’t have been added in at the last minute.
“Mr. Decker never got the opportunity to advise people who would come here and provide comment on his behalf that they are entitled to do that, because according to the agenda, there was no public comment,” Griffith said.
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In his presentation, Griffith outlined events leading up to the Sept. 24 meeting where Decker was terminated, including his referrals to the PIC.
The conflict in question concerned Kent County Levy Court Commissioner George “Jody” Sweeney, and his involvement with the POLYTECH School District, which operates the county’s career and technical education high school.
According to a letter sent to the PIC by Decker, Sweeney worked as a substitute teacher, and had family working in the district, yet took votes on matters related to a property used by the school district.
In the end, the PIC found there was a conflict of interest. But because the PIC is purely an advisory commission, it doesn’t have any way to enforce its findings.
Another part of the presentation addressed bullying allegations against Decker during a Zoom call with a state employee. An allegation Griffith said the county used as pretext to retaliate against Decker.
An added wrinkle to the allegation is that Decker was a proponent of an open investigation into the incident. But according to Griffith, when Decker wanted it out in the open, it got dropped.
Griffith outlined another scrap between the county and Decker, following an administrative transfer of a position within the county. The decision, Griffith said, was met with backlash from Sweeney, who wrote back an email in frustration.
“We either rein him in so that it is OUR direction the County moves in, or we end our relationship with him,” Sweeney wrote.
But there was more to that email, and a deeper divide between Decker and the commissioners over their authority in Kent County.
A copy of Decker’s response to his termination shows emails between Decker and commissioners, including one in which Sweeney admitted to bolstering the administrator’s power to have a tighter grip on the county’s zoning and planning director.
“We changed that state law to give then-County Administrator Mike Petit de Mange the authority over Sarah Keifer and override/final decision concerning Planning and Zoning, as well as to terminate her if it needed to happen,” Sweeney wrote to commissioners and the county attorney.
Decker: Wouldn’t ‘alter ethical compass’
Following the presentation, Decker personally testified in a question-and-answer session with Griffith. It mainly rehashed events in the prior presentation and gave background as to what Decker did during his tenure.
One part of the conversation outlined the dynamics on the commission between more tenured commissioners and newly elected ones. According to Decker, the new commissioners wanted to see more transparency in Levy Court operations.
Griffith would later ask Decker if he believed his firing was in direct relation to his PIC referrals. He would say he thought that was why he was fired, but that it was an “incomplete answer.”
Decker believes he was terminated because commissioners were not going to be able to get him to “alter [his] ethical compass for any reason.”
“So in some ways, I think it was intended to avoid future instances of me making referrals or simply refusing to comply with directives that I thought were unlawful,” Decker said.
Supporters thank Decker
Once Decker finished his testimony, the floor opened for a public comment period. Members of the public stood in defense of Decker, with one calling on Sweeney to immediately resign.
In all, three members from the public expressed their disappointment and circumstances surrounding the dismissal.
From the seats of commissioners, Lauren Gutierrez, the assistant county administrator who worked under Decker, expressed her gratitude for work he did in the county.
Following the hearing, Decker met with reporters and said he’d pursue a civil wrongful termination case against the county, should it confirm his dismissal. When asked about the events of the hearing and allegations levied against him, Sweeney declined to comment due to it being a personnel matter.
Commissioners will meet again at 6:30 p.m. on Nov. 12 to discuss the hearing in executive session.
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