By Tom Eldred,
Delaware State News
DOVER - Gov. Ruth Ann Minner, a Democrat, is taking heat from her challengers in the 2004 governor's race in a number of areas, including her handling of state finances, the environment and problems in the Department of Correction.
Not to be left out is the Delaware State Police, whose top commanders have been swatted with a series of lawsuits. Virtually all have been lost in court or settled with cash payoffs to the plaintiffs.
"There have been eight or nine lawsuits that I'm aware of and every case we lose,'' Republican gubernatorial candidate William Swain Lee said in a recent interview with the Delaware State News.
"They're finding that we are discriminating against everybody. The morale in the state police really stinks.''
Frank Infante, endorsed by the Independent and Libertarian parties, called the situation a "disgrace.''
"I think it's amazing that Ruth Ann Minner is still stomping around the campaign trail saying how happy everybody is and telling everybody how much she's done for them,'' Mr. Infante said.
"The state employees I've talked to are furious.
"I know many Delaware State Police officers who are disgusted for many reasons. It's a real disgrace. The taxpayers keep on paying every time she makes a mistake.''
Gov. Minner staunchly defends her record. She says she expects challengers to take potshots at her administration in an election year.
"I think they are wrong,'' the governor said. "We have many state troopers who are very proud of their work and their department.
"In any organization that large, you're going to have a small number of people that are unhappy.
"We've had lawsuits, yes, but we haven't lost them all. Sometimes it's much cheaper to settle these things and put them behind us.''
Costly mistakes?
State police Superintendent Col. L. Aaron Chaffinch has been named in at least eight federal lawsuits since Gov. Minner picked him as acting superintendent to replace former Superintendent Col. Gerald R. Pepper in September 2001.
The governor gave Col. Chaffinch the job permanently the following February.
Although Col. Chaffinch indicated that he would be trooper-friendly and promote an "open-door'' policy with rank-and-file, he was named as a defendant in three lawsuits by July 2002.
Two of the complaints alleged violation of free-speech rights guaranteed by the U.S. Constitution. The third claimed two white troopers were discriminated against and denied promotion because of race.
The first case went to trial, resulting in a $242,000 verdict against Col. Chaffinch and the state, including punitive damages and attorney fees.
Another jury decided the second case with a $350,000 verdict. A request for almost $200,000 more in lawyers' fees is pending.
The third lawsuit, filed by a former state police personnel director, was settled in May 2004 with a $499,914 payoff, including attorney fees.
The payment did not include more than $200,000 the state paid a private attorney from Philadelphia to litigate the case.
Of the five remaining federal lawsuits, three have been settled. Two are still listed for trial.
Total costs to the state are at least $1.5 million, not counting pending legal fees.
Stand by her man
Despite the rash of lawsuits, Gov. Minner says she retains full confidence in Col. Chaffinch.
She recently called the colonel and Commissioner of Corrections Stanley W. Taylor - another of her embattled department heads - "two of the best people we have in state government.''
Mr. Lee said he considers Col. Chaffinch - a fellow Sussex County resident - a friend, but he thinks the colonel has made serious mistakes.
"I don't know how much of the morale problem is perception rather than reality,'' Mr. Lee said. "But perception is reality in those situations.
"Col. Chaffinch forgot the first rule of the Marine Corps when he became superintendent - take care of your troopers first.''
Mr. Lee pointed out that the federal jury verdicts determined Col. Chaffinch and other named defendants broke the law.
"If the law is incorrect, the way to remedy it is to change it,'' he said. "But don't disobey it.''
Gov. Minner said Col. Chaffinch is committed to his job and the troopers he commands.
"Col. Chaffinch is a trooper's colonel,'' she said. "He has an open-door policy for all of his people. He's said that from the beginning.''
Mr. Lee said the ultimate responsibility for the lawsuits and morale problems within any state agency in the executive branch rests with the governor.
Mr. Infante agreed, saying Gov. Minner has a "tremendous ability'' to ignore problems she doesn't want to see.
"I think the governor sent a bad message when she came in and fired Col. Pepper while he was on vacation,'' Mr. Lee said. "That was a political decision on her part. From that point, everything went downhill.''
Gov. Minner asked Col. Pepper to retire in August 2001 amid claims of racial and employment discrimination within the state's largest police agency.
Earlier turmoil
Problems had been brewing within the state police for years before Gov. Minner's watch began in 2001.
At least four claims had been lodged with the U.S. Equal Employment Opportunity Commission dating back to 1996.
In 1998, the agency's highest-ranking black trooper - then- Capt. David L. Baylor - sued his bosses in federal court, claiming racial discrimination.
The lawsuit was eventually settled. Col. Chaffinch promoted Capt. Baylor to major the same day he became permanent superintendent.
Maj. Baylor retired Aug. 31.
In 1999, two black troopers, one a female, filed discrimination lawsuits in federal court.
Just as Gov. Minner took office in 2001, the U.S. Department of Justice sued the division, alleging a testing process used from 1991 to 1999 discriminated against blacks.
The case dragged on for more than three years, costing the state almost $3.5 million in legal fees.
A federal judge ruled this year there was no evidence of intentional discrimination but that the agency, following the advice of the test's author, did set cutoff scores higher than necessary to determine if applicants had necessary skills for the job.
The Minner era
Tensions heightened in June 2001 during a state Senate committee hearing that heard testimony alleging outright racial discrimination in the state police.
When Gov. Minner accepted Col. Pepper's retirement two months later, she told state personnel director Lisa Blunt-Bradley that she wanted a detailed investigation into the workplace climate of the state police.
The report, issued in December 2001, said there was no overt discrimination within the agency but found there were still "substantial issues to be addressed.''
"Perception of a lack of fairness within the DSP is not limited to minority or women troopers, but is held to some extent, by a majority of the organization,'' the report said.
"Depending on which trooper you are talking to, race, gender, geography, seniority in the DSP, family or membership in a 'clique' can be viewed as affecting how one is treated within the DSP.''
Col. Chaffinch has had little to say publicly about the lawsuits filed against him or allegations in the media of continuing morale difficulties under his command.
He did, however, release a prepared statement on May 22, with his second-in-command, Lt. Col. Thomas F. MacLeish.
The statement was in response to requests for interviews by the Delaware State News.
"We are extremely proud of our personnel but we are concerned that the recent barrage of negative press in the news media may adversely affect the morale of the men and women of the Delaware State Police,'' the statement said in part.
"We embrace the open exchange of information and we will always hold ourselves accountable to the citizens we serve. We only ask that the information printed in the news media be based on fact and presented in a fair and impartial manner.''
Mr. Lee said good morale begins at the top and is reflected in the quality and actions of those serving at the top.
"If you are the governor, the most important decisions you make are selecting your Cabinet secretaries and directors,'' he said.
"In my case, when I am governor, I will be looking for people who are willing to help restructure state government.
"We need a secretary of the Department of Safety and Homeland Security who has the absolute confidence of rank-and-file. That goes for the superintendent as well. We need somebody of outstanding integrity who understands police work.''
Gov. Minner reiterated that she has full confidence in Col. Chaffinch and David B. Mitchell, her recently appointed secretary of safety and homeland security.
She also vehemently denied allegations in some of the lawsuits that she directed or influenced certain personnel decisions in the state police for political reasons.
"I never demanded that anyone be promoted; that all comes from within,'' she said.
"I never have seen a recommendation for promotion to captain or major.
"I have not started or stopped promotions in the state police and I never asked one to be taken off or be added.''
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Senior writer Tom Eldred can be reached at 741-8212 or teldred@newszap.com.
