Delaware Treasurer-elect Colleen Davis's arrest violated ethics rules, GOP says

The Delaware Republican Party is calling for an investigation into whether state Treasurer-elect Colleen Davis's recent arrest for driving on a suspended license also violated ethics rules.

Delaware GOP Chairman Mike Harrington says the Democrat's "disrespectful behavior" is a clear breach of the state's code of conduct law, which bars public officials from "engaging in acts which are in violation of the public trust" and "reflect unfavorably on the state."

"For a candidate for office to claim that she was too busy campaigning to attend a court date is simply unacceptable and reflects unfavorably upon the State," he wrote in a letter that reportedly will be submitted to the Delaware Public Integrity Commission later Monday.

Davis declined to comment about the letter, a copy of which was provided to The News Journal on Sunday.

Davis's camp has declined to provide documentation proving her account of how and why her license was suspended.

The 38-year-old Dagsboro resident claims she received a speeding ticket several months ago and initially sought to contest the infraction.

Davis says she failed, however, to show up for the court date she requested, citing the demands of campaigning for statewide office while working a full-time job as a health care consultant.

The missed hearing purportedly resulted in Davis's license being suspended, a development she claims to have been unaware of until she was stopped by a Delaware State Police trooper on Nov. 13 – one week after the political newcomer defeated Republican incumbent Ken Simpler.

This is the fourth time Davis has been charged with driving on a suspended license in the last 21 years, according to court records.

She first pleaded guilty to the charge when she was 17, court records show. She was charged with the same crime when she was 21 and again when she was 23 although she eventually pleaded guilty to a lesser charge of failing to reinstate her license in both instances.

This time, Davis was charged with driving on a suspended license and cited for traveling 17 mph over the posted speed limit, failing to provide proof of insurance and registration and handing the trooper her suspended license.

Davis has insisted that she did not illegally drive to campaign events although a photo posted on Facebook the day before the election shows her and U.S. Sen. Tom Carper standing next to their respective minivans in Wilmington.

In an apology posted on Facebook last week, Davis said her license was reinstated soon after her arrest. She is still facing an additional suspension and fines if she is found guilty of the pending charges.

Her initial court date is slated for Dec. 4 – less than 30 days before she will be sworn into the office she won earlier this month.

It remains unclear when Davis received the initial speeding ticket, why she sought to contest it, when she missed her hearing, when the warrant was issued for her arrest, how long her license was suspended and exactly when it was reinstated.

State law bars the Division of Motor Vehicles from releasing such information and Davis has not provided clarity. 

Harrington argues candidates for public office should be subject to the same code of conduct rules as elected officials. And he questions whether Davis's account is fully accurate.

He also notes Davis should have received multiple notices in the mail that her license had been suspended before the Nov. 13 traffic stop.

"If Ms. Davis did receive such notices, then her statements that she was unaware of the suspension simply cannot be true," he wrote.

Yet it is Harrington that is running the risk of breaking state ethics rules by revealing his request for an investigation.

Deborah Moreau, the commission's legal counsel, previously has said state law also bars anyone from revealing details about any ethics complaint "that is filed or intended to be filed" with the agency. Violations can be punished by up to a year in prison and a $10,000 fine although those rules are rarely enforced.

The commission will not have an opportunity to consider Harrington's complaint until its Dec. 18 meeting.

But even if it does agree to undertake an investigation, the commission's deliberations are held behind closed doors and its findings are not automatically released to the public.

Contact reporter Scott Goss at (302) 324-2281, sgoss@delawareonline.com or on Twitter @ScottGossDel.