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Kathleen Davies wins termination appeal

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The Delaware Merit Employee Relations Board released its decision on a former top official in the State Auditor’s Office.

Kathleen Davies’ name was redacted, but the information fits all known details on her very public spilt from the Office of the Auditor.

Now-retired State Auditor Tom Wagner gave Davies temporary authority to act on his behalf in 2011 as he underwent medical procedures. Wagner placed her on paid leave in 2016 and fired her in December 2017. She appealed her termination.

Wagner accused her of six workplace infractions: violating auditing standards on a Department of Education audit, inappropriately disclosing information to State Rep. Kim Williams, misusing her authority from Wagner, keeping information from him, using undue influence in awarding a state contract and self-approving travel expenses.

The Merit Employee Relations Board found Davies withheld information from Wagner. It also found she misused her authority from Wagner and should not have self-approved her travel.

The board found she didn’t commit the other offenses and didn’t deserve to be fired. It ordered her to be reinstated within 30 days and changed her termination to a 60-day suspension. She is also entitled to lost wages.

Davies ran for State Auditor last year, losing in the Democratic primary to new State Auditor Kathy McGuiness. A spokesman for McGuiness didn’t respond to a request for comment. Davies and Wagner also didn’t respond to requests for comment.

Editor's note: The story has been updated to correct the title of the Merit Employee Relations Board.

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