Delaware auditor gets probation, fine for misconduct
DOVER, Del. (AP) — Delaware's state auditor was sentenced Wednesday to one year of probation and ordered to pay a $10,000 fine and complete 500 hours of community service for official misconduct and conflict of interest convictions.
Auditor Kathy McGuiness avoided jail time for the misdemeanors, each of which carries a maximum penalty of one year in prison, news outlets reported.
McGuiness maintains her innocence, and prosecutors sought a sentence of 30 days in prison for the Rehoboth Beach Democrat based on her lack of remorse. Her attorney argued that a $1,000 fine was sufficient.
In July, a Kent County jury convicted McGuiness on three misdemeanor counts but acquitted her on felony charges of theft and witness intimidation. A judge later threw out a misdemeanor conviction for improperly structuring contract payments to a consulting firm, rejecting her request for a new trial.
The conflict of interest charge involved the May 2020 hiring of her daughter Elizabeth "Saylar" McGuiness. Prosecutors alleged that Saylar McGuiness, 20, and a friend were hired even as other part-time workers in the auditor's office left because of a lack of work during the early stages of the coronavirus pandemic. Authorities said McGuiness then allowed her daughter special privileges, including access to a state vehicle and permission to work remotely while away at college in South Carolina, that were not available to other "casual-seasonal" workers.
McGuiness, who as auditor is responsible for rooting out government fraud, waste and abuse, is the first statewide elected official in Delaware to be convicted on criminal charges while in office.
McGuiness lost her re-election bid last month to attorney Lydia York in the Democratic primary. Her term expires at the end of the year, but attorney Steve Wood said during Wednesday's hearing that McGuiness resigned her office Tuesday, effective Nov. 4.
