Delaware DD Council Misconduct

A special investigation of the Delaware Developmental Disabilities Council by the State Auditor found violations of state, federal, and internal requirements. The investigation revealed mishandling of contracts, violations of travel and other policies, and preferential treatment of friends by the Executive Director [Pat Maichle].

But before going into the details of the investigation, it helps to know more about DD Councils in general and what their purpose is: 

State Developmental Disabilities Councils have been around for decades, but most families and people with disabilities are only vaguely aware of them, if at all. DD Councils are among several programs that are funded by the Developmental Disabilities and Bill of Rights Act. They are “…federally funded, self-governing organizations charged with identifying the most pressing needs of people with developmental disabilities in their state or territory. Councils are committed to advancing public policy and systems change that help these individuals gain more control over their lives." 

DD Councils seem to feel no obligation to represent individuals and families who disagree with the ideological positions taken by most DD Councils. Neverthless, DD Councils, as federally funded and sanctioned agencies, are influential in promoting their goals with state and federal government, without  ever acknowledging differences of opinion within the DD community. 

One of the more surprising facts about the DD Act is that it does not fund direct services to people with developmental disabilities. Funding for DD Act programs may incidentally provide services to people with disabilities and their families through, for instance, pilot programs or training and education, but funding is primarily focused on advocacy, “systems change”, research, and support for organizations and agencies that promote the goals of the DD Act.

The last time the DD Act was reauthorized was in the year 2000. Although the law was scheduled for reauthorization in 2007, Congress failed to take action. It has not taken a close look at the DD Act in eighteen years. Reauthorization is an occasion for Congress to review, investigate, and hold hearings on federal legislation to determine the effectiveness of the law, whether it is achieving the desired effects, and whether it should continue as is or be changed and improved. It is also a chance for people directly affected by the law and the general public to participate in advising Congress on their experiences and recommendations for change. Instead, the DD Act of 2000 remains unchanged, while appropriations are approved year after year without the benefit of more intensive scrutiny and oversight.

The Delaware DD Council

Here are the results of the Special Investigation of the DD Council in its driest form as outlined in the auditor's report:

“AOA [Auditor of Accounts] was able to substantiate or partially substantiate nine of ten allegations. Through the period under investigation, the Council failed to consistently follow State, federal, and internal procurement and travel rules.”

Contract deficiencies include:

• Contracts were awarded without following the required State RFP [Request for Proposal] procedures; 
• Contracts were awarded to contractors who failed to perform the work as required by the contracts; 
• Contracts did not include 40% match requirement; 
• Contractors did not submit required reports by the specified deadline; 
• Contracts were issued for purposes that did not align with a goal or objective of the State Plan; and 
• Contracts were not signed by the Council Chair. 

There were also travel violations: 

• The Council incurred $365 of travel related expenses above the cost of using Fleet services; 
• Travel requests did not have the proper approvals; and 
• Travelers did not follow Council reporting requirements upon return from the trip. 

"In addition, AOA found that the Director assisted one contractor [referred to as 'friends' later in the report] with applying for non-profit status and filing incorporation documents. This contractor was awarded one contract in Fiscal Year 2016, 8 months after their 501(c)(3) [non-profit] status was obtained. "

The report is fleshed out in other accounts such as this one from Delaware 105.9 FM News Talk by Rob Petree, 7/13/18:

• “AOA found evidence of two contracts in 2015 with a contractor whose work was heavily edited and corrected by Council staff to meet federal and internal reporting requirements. The contractor had acknowledged in several emails that the information provided was not correct, and then in 2017 the same contractor was awarded two more contracts.”
• “The Director would show preferential treatment to some contractors by waiving the match requirement, which requires that all contractors provide a match of 40-percent of federal funds, according to the investigation…Out of 23 contracts reviewed, eight had a match requirement of less than 40-percent and nine had a match requirement that was greater than 40-percent.”
• “The Council did not require contractors to submit itemized receipts or proof of how cash or alike matches were applied, according to the AOA's investigation.”
• “AOA was able to partially substantiate that of 18 trips attended by members of the Council, 15 were not approved on the record. “

So where is Pat Maichle now? She was the Executive Director of the DD Council for the period covered by the investigation. The Delaware DD Council is officially under the Delaware Department of Safety and Homeland Security (DSHS). According to a statement from DSHS, Maichle has been ”temporarily reassigned to the Office of the Secretary." 

This is not the first time that the Delaware DD Council and the Executive Director have faced criticism and local press coverage. Families Speaking Up! is a local grass roots disability group that works "to ensure that all voices are heard in the IDD debate...By eliminating options and choice we will see a 'one size fits all' service system. Such a system will not meet the individual needs of our adult children". 

Although FSU had disagreements with the DD Council, they were not expecting this reaction to their participation in a celebration of the 25th anniversiary of the ADA: 

“Delaware: Exclusion, Rather than Inclusion, Marks ADA 25th Anniversary”, 7/20/15 : “…Disability advocates from Families Speaking Up! were denied a display table at at an event celebrating the 25th anniversary of the Americans with Disabilities Act in Dover Delaware on July 18, 2015. When the group then arranged to share table space with Special Olympics, and attempted to display a sign from Families Speaking Up!, they were approached by Dover police officers with instructions to put the sign away. An officer said Families Speaking Up! had a 'difference of opinion' with the event’s organizers, according to a witness at the incident." The Dover ADA celebration was organized jointly by several Delaware groups and government-chartered councils, including the Developmental Disabilities Council.

Concerned about the events of the day, Lanny and Micki Edelsohn from FSU filed a complaint with the Delaware Attorney General’s office of Civil Rights and Public Trust. As a result of the efforts of Deputy Attorney General Allison Reardon and her staff at the Civil Rights division, they received a letter of apology from Pat Maichle, Senior Administrator of the Delaware Disabilities Council.

A letter of apology and later the reassignment of the Executive Director to another position within the DSHS seem like a slap on the wrist to the DD Council with little incentive to promote the accountability that people with disabilities and their families deserve. 

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See also The DD News Blog on The DD Act

From Delaware Online: "Audit: Disabilities council director violated state procurement and travel policies"  by Damian Giletto, 7/20/18