City of Dover Responds to Findings of Dual Employment Performance Audit FY20-22

     <DOVER, DE> The City of Dover acknowledges the findings from the Delaware State Auditor’s Dual Employment Performance Audit for fiscal years 2020
      to 2022,which raised concerns regarding compliance with dual employment laws. The report specifically identified that Andria Bennett, former State
     Representative and current City Clerk, was in violation of these laws.

      Key findings from the audit indicate that the City’s Personnel Policy Manual does not include provisions for dually employed individuals,
     and there is no existing policy requiring the documentation, verification, and proper allocation of payroll for such employees. The report identified 33  
     instances where records from the General Assembly showed Ms. Bennett present at voting roll calls and committee meetings during her workweek,
     raising questions about potential coincident time.

     However, the city would like to clarify that it had attempted to address these concerns. In a letter to Auditor York, Council President David Anderson
     stated that the city possesses records of Ms. Bennett’s work hours and highlighted that she accepted a reduced salary in recognition of   her dual roles.
     Ms. Bennett has also meticulously tracked her time to ensure compliance with applicable laws.

     Furthermore, the City’s Human Resources Director, who was newly appointed at the time of the audit, referenced the handbook without fully
     recognizing that the City Council had sought legal guidance and had policies in place for tracking dual employment hours with the newly hired  
     Clerk. Therefore, the city believes it was operating in compliance with the spirit of the law, as was Ms. Bennett. “This was the first time the city
     hired an elected official who would be simultaneously serving in both roles however the former Clerk encouraged individualized record keeping  
     since this is not a typical 9 to 5 job due to reoccurring evening meetings. Ms. Bennett followed the directive from day one.” stated Kay Sass,
     Public Affairs Coordinator, “unfortunately the audit had already been completed. The chief of staff seemed satisfied with the letters
     content and regretted that it was too late.”

     Ms. Bennett was appointed as City Clerk on December 6, 2021, following the retirement of long-serving City Clerk Traci McDowell, who dedicated
     34 years to public service.

     The City of Dover is committed to reviewing and improving its policies to ensure compliance with all state laws and to uphold transparency and
     accountability in its employment practices. “We felt with a reduced salary for the year where Ms. Bennett held both positions, and the time
     tracking mechanism she used for reporting, that it was indeed compliant,” stated Council President Anderson.

     For further inquiries, please contact:
 
    Kay Sass
    Public Affairs and Emergency Management Coordinator
    City of Dover
    302-736-7003 (Office)