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1/26/2005
Brandywine Hundred Lawmaker Unveils Legislation Strengthening The Independence Of The County Auditor
FOR IMMEDIATE RELEASE: January 26, 2005
Contact: Stephanie Mantegna, House of Representatives, 302-577-8515
Stating that the recent firing of New Castle County Auditor Robert Hicks may have been politically motivated, State Representative Greg Lavelle (R-Sharpley) today announced he will introduce legislation that is designed to strengthen the independence of the New Castle County Auditor’s Office.
The bill, to be formally introduced tomorrow (January 27), is similar to a bill Rep. Lavelle sponsored in the 142nd General Assembly (HB 320). The legislation would modify the existing functions and duties of the County Auditor to bring them in line with the recommendations of the National Association of Local Government Auditors.
It was announced at last night’s New Castle County Council meeting that County Auditor Hicks had been fired. Little explanation was given by council members for Hicks’ firing. Rep. Lavelle believes the firing was the result of less than popular recommendations made by the County Auditor as a way of strengthening the independence of the office and providing sufficient oversight of County Council, including uncovering conflicts of interest and the fact that the former County Attorney was illegally living in Kent County.
The most significant provisions of the bill include the establishment of a four-year term for the County Auditor and a two-thirds County Council vote requirement needed to remove the County Auditor. Currently, the County Auditor is appointed by County Council for no specified term limit and can be removed from office by a simple majority of County Council.
Under the legislation, some of the additional provisions include:
- A provision requiring the establishment of an independent Audit Committee by County Council to advise the County Auditor;
- A provision permitting the County Auditor to undertake on his or her own volition an audit of transactions and matters if there are reasonable grounds to believe that any unauthorized, illegal, irregular, or unsound practices are being employed in association with the transactions or matters; and
- A provision requiring regular quality assurance reviews (i.e. conducted once every three to five years at the discretion of County Council) of the County Auditor’s activities by the Audit Committee.
Rep. Lavelle said, “This bill attempts to strengthen the County Auditor’s Office and provide it with the proper level of independence in order that the job can be done with minimal fear of political payback. Unfortunately, this legislation comes a little too late for Mr. Hicks. Had this legislation been enacted last year, Mr. Hicks would still have a job today. As long as the auditor continues to serve at the pleasure of County Council, we cannot guarantee the autonomy of the office. In order to protect the auditor’s independence, state legislation is needed.”
Text of the bill. PDF Version (Adobe Acrobat required)
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