DOVER, Del. (WBOC/AP) - Delaware’s state auditor was sentenced Wednesday morning 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' term expires at the end of the year, but on Wednesday afternoon she sent a letter to Gov. John Carney notifying him of her resignation effective 4:30 p.m. that same day.
“The governor received a letter from the auditor this afternoon and has accepted her resignation effective 4:30 p.m. today, October 19, 2022," said Emily David, a spokesperson for the governor. "There’s important work that has to be done in the Auditor’s office over the next couple of months including the annual comprehensive financial report. The governor plans to name a replacement to continue this important work.”
McGuiness avoided jail time for the misdemeanors, each of which carries a maximum penalty of one year in prison. She 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 Superior Court 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.
After her indictment last October and also following her conviction, she rejected repeated calls from several elected Democrats and party officials to step aside. A state Senate resolution to have her ousted from office fizzled when House Speaker Pete Schwartzkopf, a longtime ally of McGuiness, refused to go along.
McGuiness lost her re-election bid last month to political newcomer attorney Lydia York in the Democratic primary.
