Affidavits from Dover officials provide differing testimony

Sworn testimony from city officials and employees was read at a special Committee of the Whole meeting of Dover Council on April 21. The testimony was given voluntarily to Dolores (Lola) Garcia Prignitz of Ulmer & Berne, the law firm hired by council to help resolve issues with city personnel and the mayor’s office.

Much of the testimony read at the meeting revolved around an accident more than two years ago in which Peter Homrighausen, the mayor’s son, backed a city vehicle into a pole in the General Service Division warehouse. Reportedly, Homrighausen had said he would probably not pass a drug test if it were given.

Testimony by Gerry Mroczkowski, city safety and HR director, who was never under subpoena, stated the story was relayed to him by Scott Jerles, director of parks and recreation, who had reportedly heard it from Kenny Young, general services division superintendent. Mroczkowski said Jerles told him the mayor instructed Young to “drive Homrighausen around in his truck for an hour or so and bring him back to the maintenance building with no drug screen.”

Mroczkowski’s testimony further asserted Michael Burtscher, general service assistant superintendent, confirmed the story.

However, testimony in affidavits by Young and Burtscher stated the two of them made the decision on their own not to drug test Homrighausen and were not directed by the mayor. The reason given for not drug testing Homrighausen was “it was my understanding that city policies required an employee engaged in an accident to be drug tested when the damage exceeded $750,” and the damage did not look significant to Burtscher and Young.

The two said they did report the incident to the mayor, but only after making the decision not to order a drug test.

In his sworn testimony, Jerles also said it was his understanding from Young and Burtscher there was no reason to order a drug test because the damage was “nominal.”

Testimony regarding the mayor’s health

In his affidavit, Mroczkowski described Mayor Rick Homrighausen’s attendance in the office as gradually declining since 2019. He said since 2020, the mayor has rarely come into work.

“I respect the mayor and admire his fortitude fighting his illness,” said Mroczkowski. “But the illness in winning. Whatever has cause the mayor’s health to decline is preventing him from thinking rationally and from begin able to hold a conversation.”

Mroczkowski’s testimony went on to describe an instance where the mayor’s wife, Linda, asked him to read a prepared statement to council explaining the mayor’s absences. “They asked me wait to read the statement until after the council meeting so the news media would not be present.”

Mroczkowski cited several examples of the mayor’s seeming inability to perform his duties and stated a concern shared by others in earlier testimony that another person may be managing the mayor’s email account and writing emails for him.

“Some city employees are hesitant to send the mayor emails that contain sensitive documents or information because they are not sure who is reading or managing his email account,” said Mroczkowski.

Mroczkowski said he and other city employees spoke to the mayor a few weeks ago, saying they did not want to be compelled to testify about his capacity to lead the city, but would rather do so voluntarily.

According to Mroczkowski, the mayor responded “Okay, just remember we don’t want to air our dirty laundry.” Mroczkowski said he found the statement to be odd. He also said he was contacted by the mayor on April 7 of this year asking him not to comply with the subpoena.

After reading the affidavits, an executive session was held to address “pending litigation, possible imminent litigation and personnel issues.”

Public comment favors mayor.

Following the executive session, David Pilcher, owner of Freeport Press and a Dover resident for 27 years, addressed council.

“We deeply love our town and all it represents and are especially proud of the mayor,” said Pilcher. “I consider him to be a friend. It feels like the opposition is out to destroy him and I think he’s an honorable man. It seems that his character is being besmirched. I think he’s done an incredible job in his years of service and deserves our thanks.”

Gunnoe responded “It is not my intent and I don’t believe it is anybody in this room’s intent to attack a public servant without warrant. This body’s primary concern is getting to the bottom of issues that have been raised and figure out exactly what is going on within city. Our intention is to do what’s best for the city of Dover.”

A person attending the meeting on Zoom spoke up, identifying herself only as Jamie and asking for further explanation of the Homrighausen accident and drug test issue. Law Director Doug O’Meara outlined the situation, saying the instance was not disclosed properly and the city’s Drug-Free Workplace policy requires a drug test if there is a reasonable suspicion an employee was under the influence while working.

“Two people knew about it two years ago, but we only found out recently from a third party to whom the story was told,” said O’Meara.

Jamie then asked, “If city policy says damages have to be over $750, at what point do you not allow the superintendent to make the judgement call?”

O’Meara replied, “The question is one of reasonable suspicion and I can’t imagine there’s a person on the face of this earth that doesn’t believe a person’s admission that they might not pass a drug test after a minor accident is not a reasonable suspicion on which that superintendent should act.”

At this point, another unidentified individual on the Zoom platform stated, “I think you should know Jamie is Kenny Young’s daughter.” The individual also wanted to know why Kenny Young didn’t go to a body shop to get an estimate for the truck damage.

“Good question,” said O’Meara.

Originally, five individuals had been issued subpoenas to answer questions before council. Two of those individuals, Charlie Stull and Kenny Young, opted to provide testimony voluntarily. Two others receiving subpoenas spoke to Prignitz, who determined their testimony was not relevant or would have no bearing in the investigation. Dave Fillipi provided his testimony via affidavit last week. Council voted to cancel all five subpoenas.