Rethugs Urge Creation of New Post to Do the State Auditor’s Job

Filed in National by on June 27, 2011

Some things I can simply not make up.

Today, a group of Rethug legislators and their gun-totin’ Party Chairman called for the creation of a brand-new ‘Office of the Inspector General’. In the release, Monsignor Greg Lavelle is quoted as saying:

“If anyone previously doubted that we need a government watchdog, the last few years should have convinced them otherwise,” said State House Minority Leader Greg Lavelle (R-Sharpley).

Senate Majority Leader Gary Simpson is quoted as saying:

“There has been a seemingly unending series of controversies involving state government,” said Senate Minority Leader F. Gary Simpson (R-Milford).  “You cannot have accountability without enforceability and right now there is no cop walking the beat.”

Well, it indeed is possible, make that certain, that both Lavelle and Simpson are correct.

However, correct me if I’m wrong here, but don’t we already have a State Auditor whose very job is to be a government watchdog and a cop on the beat?

What we have here is an admission, however inadvertent, call it a Fraudian Slip, that Tom Wagner is not doing his job. Rather than call for his resignation, the Rethugs are calling for the creation of a new office to do the work that Wagner either refuses, or is incapable, of doing.

In typical change-the-subject fashion, the Rethugs try to blame the AG’s office, in this case greengrocer Gerald Hocker:

“If you believe a state agency is violating state law or regulations, you have to pursue legal action against them yourself.  Meanwhile, your tax dollars are being used to pay the salary of a deputy attorney general that will represent the agency.  Is it any wonder that state agencies often operate with impunity?”

Wasn’t it the Attorney General’s office that has challenged DELDOT’s and Minner’s sweetheart deal with Tigani in court? Where the bleep was the Auditor during all of this?

Of course, the Rethugs claim that this is a totally non-partisan proposal that they intend to submit in, wait for it, January with, wait for it, bipartisan sponsorship. That’s why the press release comes with this disclaimer:


If the Republican State Committee truly believes its own BS, then send out a press release demanding the immediate resignation of Auditor Tom Wagner.

And if the Democratic State Committee doesn’t issue a call for Wagner’s resignation, they’re committing political malpractice. After all, the Rethugs themselves have now admitted that State Auditor Wagner is not doing his job and is not capable of doing his job.

C’mon D’s, show some political backbone. The R’s have lobbed you a softball. Pound away.


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  1. phil says:

    to be fairish, i think a lot of the corruption in dover is outside the auditor’s purview.

  2. Most of it is not outside his purview, including both the DELDOT/Minner/Tigani stuff and the Cathcart stuff.

    And, the Auditor’s been there a long time. If he truly had desired to have his ‘purview’ expanded, he would have requested legislation to do so some time over the last 20 years, dontcha’ think?

    As anon pointed out elsewhere, Wagner has been a protector of the Delaware Way for the corrupt of BOTH political parties. Don’t think he ever went to bat publicly for someone supposedly under investigation by his office before, though.

  3. GOP Liars says:

    The boys at the GOP hq are a day late and a dollar short. Back in 2008 Protack called for and had legislation for an IG but it also had a nepotism rule the GOP thieves could not digest. They like country clubs and also the state trough.

    Lee like the pumped up pension at our expense.

  4. GOP Liars says:

    http://www.campaignsitebuilder.com/news/disp_news.asp?ID=10234&siteid=1122

    Close Window
    NEWS JOURNAL: Protack wants Inspector General

    June 13, 2008

    Candidate wants fraud inspector

    If elected, Mike Protack says he’d appoint one

    By BETH MILLER

    The News Journal

    Gubernatorial candidate Mike Protack on Thursday said he would support creating an independent state office with “unrestricted powers of investigation” over all state-authorized agencies, commissions, employees, boards and quasi-public groups.

    Protack, 50, of Hockessin, expects to face Republican Party nominee Bill Lee and state employee Dave Graham in the GOP primary in September. He has been endorsed by leaders of the Independent Party of Delaware, but the 400-member party has not yet had its state convention and will not nominate someone for the post until then.

    Protack is proposing creating an office of the inspector general who would “uncover fraud, waste, abuse and corruption in every branch of state government plus be a public advocate without regard to partisan politics, allegiances, status or influence,” he said.

    Protack is not the first to propose such a plan. A bill sponsored by state Rep. William A. Oberle, R-Beechers Lot, passed the House last year and remains in the Senate Finance Committee.

    Oberle’s proposal, though, endorses an official selected by a “blue-ribbon commission” to serve a five-year term.

    Protack’s official would be appointed by the governor. He said he has not yet circulated the proposal among Delaware lawmakers.

    “They’re interested in open government, but that’s like saying you want to be a better Christian,” Protack said. “In the abstract it sounds easy. But in real terms it’s very difficult.”

    Protack said he did not know what the position would cost, but said any cost would be covered by the savings to taxpayers as the inspector general ferrets out wasteful, fraudulent, or mismanaged areas in the state.

  5. cassandra_m says:

    Then the Governor should greet this with Let’s Make A Deal.

    An appointed IG’s Office goes live 1 January 2012 and the State Auditor’s office is eliminated on 31 December 2011.

    Tell these repubs that he won’t expand government to add a new office, just create a function that is more comprehensive than the one Wagner has been willing to do. AND it needs to be appointed.

    You probably can’t get the legislation in order to do this by the end of the week, but if they’ll agree to this, then the Governor should call a Special Session in September to have them vote on exactly this.

    They’ll never go for it.

  6. To quote Krusty the Klown:

    “Me likey.”

  7. Dana Garrett says:

    I wonder why the Republicans are proposing this. What do they hope to gain politically by proposing it? Do they have someone in mind to run for IG? Or are they counting on the Dem General Assembly not going along w/ the idea and, thereby, gaining some kind of PR advantage?

  8. puck says:

    The auditor is limited by law to inspecting financial transactions of state agencies. An IG would have a much broader scope to look into all sorts of malfeasance.

  9. mediawatch says:

    Not as easy as you think. Auditor is a Constitutional office (Article 3, Sec. 21) so it will take action by two General Assemblies to eliminate the office (no earlier than Jan. 2013), and there’s probably a law that prevents elimination of an elected office before expiration of officeholder’s term, so we’re stuck with Wagner unless he quits or is indicted.

    I like the IG idea because the AG, by virtue of the requirement to represent state agencies, has his/her hands tied to some extent.

    Problem with the IG concept. Everyone says that whoever holds the office would be independent. No one has explained how this person would be elected or appointed in a way that ensures that independence.

  10. cassandra_m says:

    Guess I’m not surprised that it would not be easy to get an IG or to gt rid of the Auditor’s office. But the outline of the deal is sound, I think. Get the repubs to agree to vote to add the IG and to eliminate the Auditor and you’ve changed the system.

    Independence of the IG would be important (and I think it should be appointed) and I think that there are models out there to copy from. But it seems to me that good IGs come to the job serious about their mission and relentless about executing. That takes a fairly unique personality to embrace a job where people are going to just hate you.

  11. ‘Financial transactions of state agencies’: That would include DELDOT/Minner/Tigani, Cathcart/DSU, and likely even DeLuca’s pay from DOL. And basically everything on the Rethugs’ list. It all comes down to money.

    There’s no reason why we need a new office. I’ve said for some time that we need a state auditor who is basically a prick. Problem is, pricks rarely get elected.

    But there’s no way that the IG would be independent even if appointed by the Governor. Who would Ruth Ann Minner have named to that position? Would they have been independent or would they be beholden to the Delaware Way? No governor would want to appoint someone who would snoop too closely into their administration.

    The system is broke b/c officeholders like the system broke. Best way to change all that is to elect people committed to changing the system. And then holding them accountable.

  12. sussexanon says:

    Let the record show, that the first public policy statement from the new state republican’t party chair is calling for the expansion of gov’t with a new position, department and powers.

    This on the heels of Republican’ts in Dover “concerned” they the Dems are growing gov’t.

    “C’mon D’s, show some political backbone. The R’s have lobbed you a softball. Pound away.” The mantra that EVERY democrat should learn and commit to. Get to it.

  13. Aoine says:

    EL Som – you are an idealist – you think the system ought to work the way it should. I think that is a good thing, BTW

    AHHHH – I remember being like that……..

    how DO you manage it?

  14. Aoine:

    (1) It’s my version of Primal Scream Therapy

    (2) I believe that if you keep calling attention to it (the Delaware Way), people will notice, people will be appalled, and ultimately the whole tawdry enterprise will collapse due to public approbation and the Delaware Way’s own tawdriness.

    For the record, the Delaware Way has never been more exposed than it is now. The News-Journal has done a superb job of exposing it, as have blogs like ours.

    A crusading AG could tip the whole thing over. More on that in columns to come…

  15. puck says:

    Hmmm… I wonder if the auditor can inspect how RTTT money is spent. Just saying.

  16. Jason330 says:

    I love Cassandra’s idea. The Governor’s proposal doesn’t “take action by two General Assemblies…”

    Shove it in their faces that the disgraced Republican state auditor not doing his job necessitated another layer of government.

    I also love how the first response of these “small Government” Republicans to Republican malfeasance is to add another layer of tax payer funded murk to the murkiness of state government.

  17. puck says:

    I guess Republicans are figuring that since they are out of power for the foreseeable future, any investigations will always fall more heavily on Dem office-holders. So the more investigations the better.

    Delaware Republicans dream of the day when they will be powerful enough that somebody would want to bribe them.

  18. Rick Jensen says:

    Take a breath. The Auditor doesn’t have arrest or prosecutorial powers. He is not a cop on the beat. His job includes turning evidence over to the State Atty General. The definiton of the DE State Atty General duties is to defend state agencies. Ask Bob Reeder how well that works for citizens. How well does that work for News Journal reporter Chad Livengood? Inspectors General in Louisiana and New Jersey actually work for the people, prosecuting government corruption. Sigler’s proposal would require the I.G. to serve during multiple administrations, minimizing partisan influence.

  19. Jason330 says:

    “(Disgraced Delaware Auditor, Tom Wagner’s) job includes turning evidence over to the State Atty General.”

    In the Cathcart corruption case, Disgraced Delaware Auditor, Tom Wagner did the opposite. He stopped evidence from being turned over to the Atty General.

    BTW – Rick Jensen flies to the defense of his buddy Tom Wagner. Predictable.

  20. puck says:

    Actually, the auditor does have subpoena power, and has can follow the investigation very broadly to include “All illegal and unbusinesslike practices” and more.

    http://codes.lp.findlaw.com/decode/29/29

    The Auditor does have tremendous discretion in deciding what to investigate or not investigate, or how far to follow an investigation. So that is an opportunity for political influence.

    (a) The audits shall be sufficiently comprehensive to provide, but not limited to</b?, assurance that reasonable efforts have been made to collect all moneys due the State, that all moneys collected or received by any employee or official have been deposited to the credit of the State and that all expenditures have been legal and proper and made only for the purposes contemplated in the funding acts or other pertinent regulations.

    (a) The Auditor of Accounts shall file written reports covering the Auditor's postaudits with the state agency concerned, the Governor, the General Assembly, the Attorney General and the Director of the Office of Management and Budget; and, if the Auditor deems necessary, the Auditor may present special reports to the General Assembly for consideration and action.

    and…

    (b) The audit reports shall set forth:

    (1) Whether all expenditures have been for the purpose authorized in the appropriations therefor;

    (2) Whether all receipts have been accounted for and paid into the State Treasury as required by law;

    (3) All illegal and unbusinesslike practices;

    (4) Recommendations for greater simplicity, accuracy, efficiency and economy;

  21. AND he publicly intervened to enable Cathcart to get a job despite the ethical cloud hanging over his head.

    And the State Auditor is supposed to work for the public, but instead of pursuing public corruption, he ignores it and punts it away (Vince Lofink’s son) rather than reveal it.

    It is not coincidence that this proposal surfaced the day after the big News-Journal story re Wagner and Cathcart. It is damage control and should be seen as such. It’s literally work product generated and paid for by the Republican State Committee. That they have Rick Jensen enthusiastically playing his role as the Rethug echo chamber is no surprise as that is, in fact, his role. Things suck for the R’s? Change the subject and help the R’s change the subject.

    We’ll be addressing this today on the Al Mascitti Show at WDEL 1150 AM. I’ll be on with Al at 10 am.

  22. Jason330 says:

    El Som. Please tell your listeners to take part in popularizing “Disgraced Delaware Auditor, Tom Wagner”

    I’m looking for a grassroots movement similar to the Santorum thing.

  23. Geezer says:

    To the Protack sock puppet: Mike Protack can endorse any idea he cares to, he still won’t get enough votes to win office. The first rule of politics, before any other: The candidate must be likeable. After losing every election he has entered — nearly a dozen, counting party elections — I think it’s safe to say that despite repeated exposure, Delawareans are not catching Protack Fever.

  24. cassandra m says:

    I wonder why the Republicans are proposing this. What do they hope to gain politically by proposing it?

    Deflection, I’m thinking. See Rick Jensen’s response above. Calling for a change in how misdeeds and corruption are engaged in DE Government apparently relieves them of any duty to actually call out the Only Republican to Win Statewide Office™.

  25. anon says:

    On the isssue of Delaware Inspector General, it was Wolf (Independent Party of Delaware) and myself who did all the research and actually wrote the first Inspector General bill. At the time Gerry Fulcher was on WDEL. He wanted a copy of what we wrote and agreed to hold the info until our bill was completed. Instead he went straight to the airwaves and started talking about it. That did our bill in, as Harris McDowell and all republicans were absolutely opposed to it. Harris tried to write his own bill, which cut the teeth out of it. Tom Wagner was never a candidate for the Inspector General. WE planned to ask Vivan Houghton to run that office….so lets get history straight.

    Also it was NEVER Rick Jensons plan. Rick was educated by us and Fulcher and he finally got behind it.

  26. anon says:

    It should NOT be an appointed position! You can bet the office if it is an appointment will never deliver the facts to the citizens of Delaware. If any governor is able to appoint someone do you think that appointee would investigate the governor? Democrats have failed on this issue. The office should be an elected office and the IG would be making their reports to the people of Delaware. We also had in our bill the IG had the ability to subpoena documents. The IG should be a non partisan, totally independent position and a yearly report to the citizens of Delaware is the only way we can be assured the information is not political.

  27. Jason330 says:

    I just heard the clip WDEL is playing in this and this sounds like a jobs program. The small government Republicans are urging the creation of THREE highly paid state jobs.

  28. anon says:

    If any of you had actually done the research, you would see that the best IG’s in the country are elected not appointed. We researched every States IG office, the ones that were appointed never recovered the funds the independent ones did. Republicans have put names forward….gee I wonder who they want? Republicans want this issue so they can water it down, just like Harris McDowell did when he tried put his bill through 30 days after he found out that citizens were writing a bill that would far surpass anything either party developed.

  29. Jason330 says:

    The Republicans also want a three person office so that it would be practically impossible for the proposed IG to get anything done.

  30. cassandra_m says:

    The IG’s office should be led by a single person, not by committee. A committee is how you preserve the Delaware Way business. And an elected IG is partisan, by definition.

  31. puck says:

    A better way to fight corruption would be to expand transparency at every agency, and to expand and streamline FOIA.

  32. Geezer says:

    “The office should be an elected office”
    “The IG should be a non partisan, totally independent position”

    Which one is it? If it’s filled by an election, that election will not be non-partisan.

    A better idea is to elect an auditor who takes his charge seriously.

  33. anon says:

    The current job description for Auditor does not give Wagner the powers you think he has.

  34. jason330 says:

    The disgraced Delaware Auditor, Tom Wagner, has the power to derail an investigation into the corrupt practices of his buddy Dick Cathcart. The disgraced Delaware Auditor, Tom Wagner, has the power to testify to potential employers that a criminal investigation into Cathcart’s purchasing practices at DSU are going to be fruitless before investigation is completed. That’s real power.

  35. Geezer says:

    “The current job description for Auditor does not give Wagner the powers you think he has.”

    It gives him enough. I don’t care for pie-in-the-sky, magic-bullet solutions, thanks all the same. If the will is there, the auditor is enough. If the will is not there, an inspector general won’t make a difference.