A vote to reimburse New Castle County Council President Paul Clark for nearly $13,000 in legal fees incurred while defending himself against claims made by a former aide was put on hold Tuesday night.
Also on Tuesday, County Auditor Bob Wasserbach issued a confidential memorandum to council members suggesting that Clark's request doesn't meet county's reimbursement requirements.
Clark said the memo had no bearing on his decision to put off the vote and said he made the decision before Wasserbach's memo hit council members' mailboxes.
"People have questions, and I just want everyone to be comfortable," Clark said.
The council president's former aide, Danielle Catarelli, accused Clark of having her do campaign work on county time last year. An Attorney General investigation concluded that Clark's actions don't warrant prosecution, but that "some of Ms. Catarelli's time was spent on campaign matters," and recommended that the county's Ethics Commission review the matter.
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NCCo Indemnification Criteria Covered attorney fees are those resulting from activities which were: Done in good faith Done in the reasonable belief that the activities were in the county's best interest and in the furtherance of its practices and policies Within the scope of authority of the person acting Within the course of employment of the person acting Not willful, malicious or wanton NCCo Code Section 2.03.201 |
The memo, obtained by the Community News, points to that recommendation to question whether the matter has been resolved, as the commission has yet to issue its findings.
The legislation proposing Clark's repayment says the charges were "dismissed," and uses what Wasserbach describes as a "nebulous" phrase: that there was a "successful resolution to the investigation."
Wasserbach said individual council members would have to judge if the referral to the Ethics Commission constitutes a dismissal, and suggested the council consider interviewing the Attorney General's investigator, Catarelli or hire legal help to review whether Clark qualifies for reimbursement under county code.
"If there's taxpayer money being considered, then I wanted to make sure the council fully understood the law," Wasserbach said when asked why he chose to intervene in a legal matter.
The Ethic Commission's ruling could come within a month. Once issued, Clark can request a hearing before the commission.
