Audit reveals double dipping by elected officials

An audit on dual employment of state employees – the first since 2011 – shows that some elected officials may have been paid twice for working more than one job, but policies and records, particularly at the University of Delaware, are unclear.

“This audit is simply about ensuring that employers paying staff with taxpayer dollars have policies in place preventing officials from being paid for two jobs at one time,” said Auditor of Accounts Lydia York. “The dual employment law has been in Delaware code since 1986. It is past time that those policies are created and strictly followed. I fully intend to uphold this office’s mandate and continue auditing dual employment compliance.”

The audit took 22 dually employed officials, several of whom were elected officials working for University of Delaware, including one who is currently the majority leader in the House of Representatives.

York said the audit began in July 2022 under former State Auditor Kathleen McGuiness, who contracted with an independent accounting firm to begin the audit.

From the beginning, York said, University of Delaware declined to provide information on its employees, claiming that Delaware law does not apply to the university.

However, accounting firm Belfint, Lyons and Shuman said in its report that Delaware law does require audit of state-appropriated funds, and the employees in question were paid by funds that had been given to UD by the state.

Former Sen. Ernie Lopez, R-Lewes; Lt. Gov. Bethany Hall-Long; and House Majority Leader Rep. Melissa Minor-Brown, D-New Castle, all worked at the University of Delaware while serving as elected leaders. Minor-Brown also worked for Delaware Technical Community College, according to the report.

The report notes that only Lopez opted to reduce his salary by 10% to account for time spent away on legislative business, as required by university policy.

The audit states that UD does not have “an internal control policy over its personnel that requires that coincident time be documented and verified and requires that the related salaries be prorated or reduced in accordance with the law. UD’s Political Activity Policies do not comply with the law.”

At Delaware Technical Community College, the audit states payroll was not properly documented, verified or reduced for hours officials spent serving in an elected position coincident with their workday.

“We also found that state Rep. Melissa Minor-Brown, an official employed part-time by the college received compensation for coincident time,” the audit reads.

With information gathered from the audit, the Public Integrity Commission can move forward with action, if needed.

“For the first time in 13 years, the auditor’s report provides the Public Integrity Commission with concrete data upon which the administration and implementation of the dual compensation law can actually be evaluated,” said Delaware Public Integrity Commission Counsel Deborah J. Moreau. “The report provides the commission with a roadmap from which it may focus on the populations and organizations most in need of guidance.”