DOVER, Del. - Six Delaware Senate Republicans are calling for the removal of Delaware Department of Agriculture Secretary Michael Scuse. In a letter sent to Gov. John Carney, the authors address a Public Integrity Commission report on Scuse's improper disbursement of taxpayer money used to pay department employees to house farm animals that had been seized.
"This behavior and apparent nepotism are unacceptable, and further sows the seeds of public mistrust of its government. Agriculture is Delaware's number one economic industry, and it is vital that the department overseeing it has the trust of those within the industry," the letter said. "Quotes in media reports from those interviewed and personal conversations we have had with farmers display a great level of concern with the department and its current leadership."
"We urge you to take immediate action and remove Secretary Scuse from his position," the letter ended.
It was signed by Republican senators Dave Lawson of Harrington, Bryant Richardson from lower western Sussex, David Wilson of northern western Sussex and Eric Buckson of the Frederica and Magnolia areas. It included Republican leadership, as well, with signatures from Senate Republican Leader Gerald Hocker of lower central Sussex and Whip Brian Pettyjohn of the Georgetown and Long Neck areas.
”We need something in place so there will never be a repeat in Delaware, regardless of your politics, regardless of your governor, and regardless of who is nominated and confirmed,” Wilson told CoastTV News.
ALLEGATIONS
Allegations against Scuse relate to multiple different violations of the state code of conduct. These include
- Using his public office to benefit select agency employees.
- Entering contracts and allowing employees to enter contracts benefitting private enterprises over the department.
- Entering contracts over $2,000 on behalf of the state without public notice and competitive bidding.
- Engaging in conduct that violates public trust and which will reflect unfavorably upon the state and its government.
PUBLIC INTEGRITY COMMISSION REPORT
The Public Integrity Commission met in July to review complaints. Documents in the report say that, in late May 2023, the commission received an anonymous phone call alleging that two Delaware Department of Agriculture employees were set to receive large sums related to an animal seizure and boarding fees in an animal cruelty case. Evidence gathered in the report shows the contracts were for $39,100 and $111,950 to provide housing for 475 chickens, ducks, and geese; 84 sheep; and smaller numbers of various goats, cows and horses.
On May 22, warning emails from the commission were individually sent to the employees in question with state code of conduct information. Documents say they responded the same day in the same manner, confirming receipt and sharing that they brought the situation to the attention of their supervisor, suggesting collaboration.
The next day, the commission contacted the Division of Accounting regarding Department of Agriculture purchase orders to check for payments to one or more employees as a contractor, which is a violation of state code. Two purchase orders came back: one signed by an employee and the other signed by an employee's spouse. Both were signed by Scuse.
When speaking with the agency's legal representative, an unnamed Deputy Attorney General, the commission said it explained that the Department of Agriculture's attempts to enter into a contractor agreement with its own employees or spouses was a violation of the state code of conduct and that proceeding with the purchase order and payment would result in enforcement action. Since no payment was completed, the matter was referred to the Office of the Auditor of Accounts for potential accounting policy violations.
SUBSEQUENT DEVELOPMENTS
In June, another anonymous call came that indicated payment had been processed and disbursed. The commission counsel confirmed the payments and informed Scuse and the employees that formal complaints that would be filed. Scuse did not immediately respond to the email, according to documents.
PREVIOUS VIOLATIONS
While reviewing this matter, the commission counsel discovered a similar situation, in which another Department of Agriculture employee was contracted in March and paid for animal care.
SCUSE'S RESPONSE
Scuse has been the Secretary of the Delaware Department of Agriculture since he was appointed in January 2017. In late September, Scuse responded to July's preliminary hearing decision. He referred to an incident in February in which the department was expecting to seize about 20 animals and arranged for care with an independent contractor. After the actual seizure, he said the department came to the conclusion it underestimated the number of livestock to be seized and said that the contractor could not accommodate an additional 28 animals, putting the department in an "emergency situation."
Scuse referred to direction given by State Veterinarian Dr. Karen Lopez regarding quarantining the animals to avoid infecting others. Given the time of year and cold conditions, Scuse "exercised his emergency powers to make a quick decision regarding accommodations for the animals." He then determined the situation was emergent and required the suspension of formal state code requirements.
The amounts paid were a flat, per-animal rate, according to Scuse, and in line with standardized amounts established for the care of similar animals by other facilities.
Scuse also said, in his response to the preliminary hearing decision, that he contacted the Delaware Department of Justice regarding the emergency to request guidance, as he claims the Department of Agriculture had never experienced a situation like this, and that the DOJ declined to provide guidance.
As for the May seizure and boarding payments, Scuse said the situation was similar: the Office of Animal Welfare underestimated the number of animals on a property that needed to be seized. Scuse referred to a law that stated the department had five days to find boarding, and that the time frame made it difficult and did not allow for the bidding process.
Scuse requested the matter and pending matters against other Department of Agriculture employees be dismissed.