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After internal investigation, Wilmington fires two top employees

The City of Wilmington's main offices at the Skyline Center, formerly the Thermo Fisher building.
Benjamin Schachtman
/
WHQR
The City of Wilmington's main offices at the Skyline Center.

An investigation into the city’s recycling and trash division substantiated claims of timecard fraud, substance abuse, and other policy violations, leading to the termination of the two longtime, high-ranking employees. The city has also seen several other senior employees resign over the last several months.

In late January, the City of Wilmington fired the two top employees leading and overseeing the Recycling and Trash Services Division, following an investigation.

In early February, the city confirmed that Public Services Director Dave Mayes and Superintendent of Recycling and Trash Rick Porter were no longer with the city, but at the time, a spokesperson said they couldn’t confirm if the employees resigned, retired, or were terminated. A subsequent public records request revealed they had both been fired when the city turned over their termination letters.

Mayes has been the public services and facilities director for over a decade, having previously served as the stormwater services manager. Porter has also served for at least a decade, formerly as the solid waste manager.

According to the city’s human resources department, which issued the letters, Mayes violated several city policies, including failure to establish internal control of his division and respond to reported concerns and hold his staff accountable. Specifically, the city said Mayes failed to “prevent, correct, and address misconduct regarding timecard fraud." The city also said he failed to address “substance-abuse-related behavior and performance concerns” that had been brought to his attention.''

The city found Porter had violated similar policies, adding that in his case, mishandling of substance abuse issues “exposed the organization to significant safety risks.”

From the termination letter for Porter.
City of Wilmington
From the termination letter for Porter.

Additionally, the city said Porter “knowingly allowed a supervisor with a known bias” to participate in the selection process for a recycling and trash manager position, and shared his “disdain” for candidates in the process, negatively influencing others evaluating those candidates.

The city also said Porter violated the city’s bullying policy by shouting and raising his voice at an employee, “causing public humiliation.”

Lastly, the city said Porter tried to interfere with the investigation by unplugging a camera that had been installed at the direction of the city manager’s office.

In both cases, the city noted that its investigation into the Recycling and Trash Services Division substantiated “widespread misconduct, systemic management failures, and a breakdown of internal controls.”

From the termination letter for David Mayes.
City of Wilmington
From the termination letter for David Mayes.

“Allegations involving timecard fraud, task pay abuse, substance use while on duty, compromised drug-testing procedures, retaliation concerns, conflicts of interest, and unprofessional conduct by leadership were consistently supported by witness statements, documentation, and video evidence,” according to the termination letters issued to Mayes and Porter.

After the city clerk’s office turned over the termination letters, the city issued a statement.

“While we cannot comment on specific personnel matters, accountability, integrity, and adherence to established policies, rules, and laws are fundamental to any high-performing local government that strives to deliver excellent service to its customers. We are very pleased with the City's direction and look forward to the future,” a city spokesperson wrote.

Other high-profile departures

The city has seen at least three other top employees resign in the last several months.

In late January, Zoning Administrator Kathryn Thurston resigned, according to the city clerk’s office. Thurston joined the city in 2007 and has been the city’s zoning administrator for the last ten years. The city said it could not comment on her departure.

In November, two other high-ranking employees — Deputy Manager Chad McEwen and Director of Economic Development Aubrey Parsley — both left the city.

Related: Two top members of Wilmington’s city administration resign

At the time, the city said the positions had not been eliminated, but noted “city leadership was already in the process of assessing our organizational structure.”

The city’s leadership team has seen other changes over the last year, including new city manager Becky Hawke, who replaced Tony Caudle after his retirement last May. Hawke also created a new chief of staff position, hiring Dennis LaCaria for the role in early October.

Ben Schachtman is a journalist and editor with a focus on local government accountability. He began reporting for Port City Daily in the Wilmington area in 2016 and took over as managing editor there in 2018. He’s a graduate of Rutgers College and later received his MA from NYU and his PhD from SUNY-Stony Brook, both in English Literature. He loves spending time with his wife and playing rock'n'roll very loudly. You can reach him at BSchachtman@whqr.org and find him on Twitter @Ben_Schachtman.