IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR NEW CASTLE COUNTY

DAVID GRIMALDI,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
THOMAS GORDON and
NEW CASTLE COUNTY,
Defendants.

C.A. No.
JURY TRIAL DEMANDED

COMPLAINT
1.

Plaintiff David Grimaldi is a resident of the State of Delaware. Up

until October 29, 2015, Grimaldi was Chief Administrative Office of New Castle
County, Delaware.
2.

Defendant Thomas Gordon currently is and since November 13, 2012,

has been the Chief Executive of New Castle County, Delaware.

3.

Defendant New Castle County is a political subdivision of the State of

Delaware, created by 9 Del. C. ch. 1.

BACKGROUND
4.

Grimaldi began his career as a Financial Advisor with Morgan Stanley

in New York. He became the #1 ranked Advisor within his national peer group at
the firm, in all three metrics used to evaluate performance. He managed nearly
$100 million of assets by the time he attained the age of 30. He was twice inducted

into Morgan Stanleys prestigious recognition clubs and served as an advisory

board member of Morgan Stanleys Childrens Hospital in New York, where he
organized a quarterly Scholastic Book Fair along with in-costume readings of
children stories to the patients, most of whom were terminally ill children.
Grimaldi went on to serve as Managing Director of Fortune 500 metals and mining
giant Minmetals, Inc., where he oversaw the U.S. Real Estate Investment Group.
He was the President of Firestone Hotel Group, which managed the turnaround and
transformation of the former Holiday Inn Wilmington to the Crowne Plaza
Wilmington North. Grimaldi served as Treasurer and Chief Financial Officer of
the Police Athletic League of Delaware, where he worked closely with Former
PAL Chairman Thomas P. Gordon, defendant herein, in staging what was
described as the most drastic financial turnaround in the organizations history.
Grimaldi holds a Bachelor of Arts degree in Finance from California State
University Fullerton.
5.

Entering the political arena in 2012, Grimaldi, at Gordons request,

served as Campaign Manager for Tom Gordon 2012, and orchestrated Gordons
campaign for New Castle County Executive, which unseated the Democratic Partyendorsed incumbent in the Democratic primary election and set the stage for the
general election victory which followed in November, overcoming Gordons legal
troubles during his previous administration.
2

6.

Gordon appointed Grimaldi as Chief Administrative Officer for New

Castle County. In

that

position, Grimaldi

spearheaded

a number of

accomplishments, including:
*

Eliminating structural deficits and producing an operating surplus in

each year in office, thereby allowing the County Executive to keep his no tax
increase pledge;
*

Restructuring the Countys debt and realizing a $12 million savings,

making it the most successful bond deal in county history, allowing New Castle
County to shrink the year-over-year budget for only the 4th time in its history;
*

Leading the drastic FY 2015 financial turnaround which eliminated a

mid-year $2.5 million projected deficit and replaced it with a surplus. The surplus
was large enough to allow for a one-time bonus of $750 to each County employee
while still ending the year in the black;
*

Restructuring the county employee retirement plan to avoid $600,000

in surrender fees;
*

Discovering that financial statements were wrong and misrepresented

the Countys investment risk, with 16% of the reserve portfolio in junk bonds, and
moving the portfolio to UBS and bringing investments in line with financial
statements, thereby reducing the risk of county investments and saving hundreds of
thousands of dollars per year in investment fees;
3

Initiating and leading the Countys first-ever Comprehensive

Economic Development Plan, the Anti-Heroin marketing campaign, the successful

opposition to the Barley Mill Plaza rezoning, Comprehensive Ethics Reform, the
Open Government platform, the new County Website, and the Rt. 9 Innovation
Center and revitalization project;
*

Serving as key policy advisor to the County Executive and causing his

public positions on key progressive issues such as raising the County minimum
wage, supporting marriage equality, and opposing the Trans Pacific Partnership
Agreement (TPP), which initiatives furthered Gordons popularity among
Democratic voters;
*

Serving as the architect of the Delaware Board of Trade (DBOT)

project, the Chemours incentive package, and leading the County efforts in
assisting the Governors Office for the JP Morgan expansion project.
7.

Only a month before his termination, Grimaldi was featured on the

cover of the Delaware Business Times, being named one of the Top 40 Under 40
in the State.
8.

Notwithstanding a positive and successful working relationship with

Gordon, in 2015 Grimaldi began seeing troubling signs of corruption and abuse of
power.
A.

GRIMALDIS JOB IS THREATENED FOR EXERCISE OF FIRST

AMENDMENT RIGHTS.
4

9.

On September 29, 2015, New Castle County Council President

Christopher Bullock told Grimaldi that he had been calling for Grimaldis
termination because of a rumor that Grimaldi was helping the political campaign of
Bullocks potential primary opponent. Bullock said to Grimaldi, I told Tommy
that if youre helping her, he has to fire you.
10.

On or about, September 30, 2015, an appointee of Gordon voiced her

frustration of the political backlash she received because she was seen hugging
Bullocks opponent at a County event. The discussion transitioned to Bullocks
threat to Grimaldi and Gordon said to Grimaldi, in this assistants presence, if you
help her, you cant work here anymore.
B.

NEPOTISM ISSUES.
11.

In September, 2015, the County Attorney hired Robert McDonald,

Esq. to represent the County in a lawsuit. Mr. McDonald is brother of James

McDonald, Chief of Staff for New Castle County. Robert McDonald also has
represented County employees in workers compensation cases against the County,
and a recent unsuccessful employment reinstatement case for former Special
Services General Manager Joe Freebery, who is the brother of Gordons former
Chief Administrative Officer. This was a potential violation of Section 2.03.104 of
the New Castle County Code.

12.

Grimaldi sent a text message to Gordon alerting him to the issue of

the potential conflict. Grimaldi also sent an email to the County Attorney asking
him if he thought that hiring the Chief of Staffs brother would present any ethical
issues. Grimaldi never received any response and no action was ever taken.
13.

Towards the end of September, Grimaldi received telephone calls

from County employees who complained that a merit system position was being
rigged in favor of James McDonald, Jr., the son of County Chief of Staff James
D. McDonald.

Grimaldi researched the matter with New Castle County

Department of Human Resources and learned that the position was posted,
received 50 applicants, and then was shut down and reposted. The reason was that
one of the 50 applicants, James McDonald Jr., did not have the necessary
commercial drivers license needed to apply, the only such candidate. Rather than
disqualifying him as would be the standard practice, New Castle County reposted
the job. After reposting, the applicants are scheduled for a customary performance
test to judge their ability to use the equipment. James McDonald Jr. was given a
crash course on the test to be administered the night before the actual test, using
county property, an option that was not offered to any other applicant. This was a
violation of Section 2.03.104 of the New Castle County Code.

14.

On October 19, 2015, Grimaldi had a follow up conversation with

Gordon regarding the incident and alerted him to a conversation he had with the
department General Manager, J. Wayne Merritt. When Grimaldi questioned him
about the incident, Mr. Merritt indicated that he was aware of the special crash
course given to McDonalds son and defended it by saying we do that for anyone
who asks. Grimaldi notified Gordon of Mr. Merritts seemingly willful
participation in manipulating the merit system. Gordon, again, would not address
McDonalds exertion of influence to benefit his son and instead mentioned that he
heard rumors of Mr. Merritts pending resignation, which Gordon said should be
encouraged.
15.

On September 29, 2015, New Castle County received a Freedom of

Information Act (FOIA) request for information related to Mr. McDonald, his
son and his brother. On September 30th, 2015, one month before terminating
Grimaldi, Gordon told Grimaldi about the FOIA request and stated that he knew it
came from Grimaldi because the requestor was one of Grimaldis Facebook
friends. Gordon asked Grimaldi to make it go away.
16.

In a subsequent follow-up discussion on the matter attended by Mr.

Merritt, Gordon told Grimaldi to back off of the investigation because Gordon
always took care of peoples family.
C.

ISSUES WITH THE RISK MANAGER.

7

17.

Gordon appointed Cheryl McDonaugh, his campaign treasurer, to the

position of Executive Assistant in or around December, 2012. Since her hiring,

Gordon has given her five pay raises and manipulated the County Merit system,
causing her to be hired as the Risk Manager for New Castle County.
18.

The Risk Manager serves as the administrator of employee Workers

Compensation claims.

The position of Risk Manager has had a history of

corruption in New Castle County. To cure these issues, the previous County
Executive, Christopher Coons, revised the job specification so that the position
would preferably be held by an attorney, as the two previous Risk Managers were.
In order to entice attorneys to apply, the salary was upgraded to over $100,000 per
year.
19.

Prior to, and during the first year (or so) of McDonaughs

employment with NCC, both McDonaugh and Gordon told the employees that
McDonaugh was a nurse. She routinely gave medical advice to employees and
interfered with doctors instructions for county employees. Grimaldi informed
Gordon in 2014 that McDonaughs name did not appear on the Delaware website
listing professional licenses. While Gordon did not want to investigate it further, he
and McDonaugh stopped making any mention of her being a nurse. Gordon would
also routinely tell people that McDonaugh went to the University of Delaware and
graduated with his wife, Susan, from the Nursing School. In June 2015, Grimaldi
8

approached Gordon and advised him not to repeat that any longer because his wife
graduated in 1978, when McDonaugh was 15 years old. It just wasnt likely.
Gordon stopped repeating it after that conversation but refused to look into her
credentials. On one occasion, Gordon claimed that McDonaugh was a student at
the University of Delaware but earned the degree under her aunts name.
Grimaldi continued to have concerns about McDonaughs credentials and ran an
online background check of her. The background check, shared with Gordon,
revealed several IRS liens and criminal arrests in Florida - one for writing bad
checks. Grimaldi asked the Chief Human Resources Officer (CHRO) to review
McDonaughs personnel file and her resume indicated that she graduated from
University of Delaware during the same year as the CHRO. The CHRO brought in
her college yearbook and reviewed every graduate for that year. McDonaugh did
not appear in the yearbook. The next day, Gordon called the CHRO into his office
for a meeting with him and McDonaugh. Gordon instructed the CHRO to block
Grimaldis access to McDonaughs employee file. Gordon refused to investigate
the matter.

On November 1, 2015, Grimaldi made a formal request under

Delawares FOIA for McDonoughs resume (attached hereto as Exhibit A). New
Castle County denied that request by letter dated November 17, 2015 (attached
hereto as Exhibit B).

20.

Gordon and McDonaugh shared a close personal relationship, which

some have assumed to be a romantic one, causing discomfort among other County
managers and employees, who have understood that any complaint against
McDonaugh would be disregarded and result in retaliation from Gordon against the
complainant. McDonaugh seemingly wanted her coworkers to believe she has a
close relationship with Gordon, and would routinely discuss their late night
conversations, revealing personal details about Gordon and his family to County
employees.
21.

McDonaughs work attendance nearly mirrored that of Gordons. On

the days Gordon took off, so would McDonaugh. While in the office, McDonaugh
would obsessively call Gordons office phone and visit his office, making it
difficult for Grimaldi, or anyone, to discuss sensitive County matters with Gordon.
22.

She was the only Division Manager allowed in the biweekly General

Managers meeting and the only County employee to have cable television installed
in her office.
23.

McDonaugh would accompany Gordon to his doctor appointment

visits on County time, which is an improper use of a merit employee and work
time, and also worked on campaign-related matters for Gordon while in the office
and on County time, a violation of Section 26.01.019(B)(1) of the New Castle
County Code.
10

24.

Since her hire, McDonaugh has been involved in a number of other

questionable practices:
a.

McDonaugh befriended an insurance broker, who was seeking

county business (Chesapeake Insurance Advisors). McDonaugh began sending a

continuous bombardment of hostile emails to New Castle Countys then-current
advisor, Willis of Maryland, which had been with the County for several years.
Because of McDonaughs behavior, Willis sent an email notifying New Castle
County that it would no longer seek to do business with the County. New Castle
County then issued a Request for Proposals for insurance consulting services,
which is normally reviewed and voted on by the benefit committee. McDonaugh
was having lunch meetings with Chesapeake Advisors during the RFP process.
McDonaugh informed Grimaldi that she told Chesapeake to bid $80,000 for the
contract, thinking that it would underbid the other competitors. This was a
violation of Section 2.03.103(B)(1) of the New Castle County Code.

Upon

learning of this action (from McDonaugh), Grimaldi reported it to Gordon, who

took no interest in it. Three companies made proposals to the committee. Two
were highly qualified, with teams of actuaries holding advanced degrees,
representing large and reputable organization. The other was McDonaughs pick,
Chesapeake Advisors, a local firm with substantially fewer qualifications than the
other candidates. The committee voted to award the contract to one of the two
11

qualified companies. McDonaugh exploded in the benefits committee meeting and

then convinced Gordon to override the recommendation of the benefits committee
and award the contract to the firm of her choosing, which is the first time a County
Executive ever took such action against the committee recommendations. This was
a violation of Section 2.03.103(B)(1) and Section 2.03.104(A) of the New Castle
County Code. On November 1, 2015, Grimaldi made a formal request under
Delawares Freedom of Information Act (FOIA) for audiotapes of those
meetings of the benefits committee. To date, the County has not produced those
recordings.
b.

McDonaugh has a personal relationship with First State

Orthopedics. During Gordons political campaign she brought the two principals to
have lunch with Gordon and Grimaldi. While working as an Executive Assistant
to Gordon, and arguing for a pay raise, McDonaugh produced a job offer from
First State Orthopedics for a higher salary than she was being paid at that time by
the County. She got the raise. Since becoming Risk Manager, McDonaugh has
diverted injured county employees to First State Orthopedics, replacing the
previous provider. This is a violation of Section 2.03.104(A) of the New Castle
County Code.
c.

The Risk Manager has the ability to hire private investigators if

they suspect workers compensation fraud. The approval process, prior to her,
12

required the signature of the Chief Administrative Officer. One of the allegations
of Gordons criminal indictment in 2004 was the improper use of private
investigators.

McDonaugh would routinely speak about employees she had

followed by private investigators but did not permit Grimaldi to know which
employees were followed or what the cost was, even though the Chief
Administrative Officer is the head of operations and the Chief Administrator of the
budget. All other departmental expenditures required Grimaldis approval.
d.

McDonaugh assumed the power of de facto CAO. She had free,

unreviewable access all county files, systems, records, security cameras, etc. She
even had full access to Gordons calendar and emails, which she read often. She
was allowed to bully, intimidate and threaten County employees and even
department managers, who were technically her superiors. There were several
documented incidents of McDonaugh yelling and cursing at the CAO, in his office.
Although the CAO has general supervision authority over all Executive Branch
Departments, he was barred by Gordon from seeking any disciplinary action
against her.
e.

McDonaugh was abusive towards the former Risk Manager and

bombarded him with nonstop emails and criticism until he resigned. She did the
same with the former Chief Human Resources Officer, as well as the former
Pension and Benefits Administrator. Both resigned because of McDonaugh. She
13

used similar tactics with the Countys former insurance advisors, who voluntarily
withdrew from renewing a decade old relationship. Even on the day of Grimaldis
termination, the CHRO alerted Gordon and Grimaldi that half of her department
is filing hostile work environment complaints against Cheryl [McDonaugh].
Gordons immediate response was Then Ill fire half your fucking department.
Later, that same day, a separate written complaint was received from an Executive
Assistant, who overheard McDonaugh demeaning both the Chief Administrative
Officer and the Deputy Chief Administrative Officer in a phone conversation and
demanding to see the time records of both top ranking officials, an
unprecedented request from a division manager. Gordon defended McDonaugh
and claimed that his Executive Assistant was lying. He refused to allow any
investigation.
f.

McDonaugh manipulated the Merit System by causing

Kimberly Beckman, a sister-in-law of New Castle County Chief of Police Elmer

M. Setting, to be hired for a position that was posted, withdraw, then was reposted
downgraded to confidential assistant so that Ms. Beckman would be qualified.
The hiring board at that time consisted of McDonaugh, Chief of Staff James
McDonald, and Waynna McDonald, assistant to James McDonald.
violation of Section 2.03.104(A) of the New Castle County Code.

14

This is a

g.

McDonaugh caused the hiring of her son, who was appointed as

Executive Assistant by the County Executive in 2013, the appointment of her best
friend, to the New Castle County Planning Board, and the hiring of at least two
County Police Officers, who may not have otherwise qualified. This is a violation
of Section 2.03.104(A) of the New Castle County Code.
25.

Grimaldi had warned Gordon about all of these actions by

McDonaugh as they were occurring, indicating that they were either illegal,
unethical or risked the appearance of impropriety. Gordon disregarded Grimaldis
complaints.
26.

On October 22, 2015, Grimaldi was driving through Elsmere, DE,

when he was pulled over by an Elsmere police officer. The police officer had, for
reasons as-yet unknown, decided to run a search of Grimaldis license plate and
then a search of the drivers license of the vehicles registered owner. The result
showed that Grimaldis license had been suspended for failure to pay a traffic fine
in Maryland.1
27.

At all times Grimaldi cooperated with the police officer and is heard

on the police dash cam both thanking and apologizing to the police officer. At
one point during the twenty-minute ticketing process, Grimaldi mentioned to the
police officer, you know your Mayor works for me.
In fact, Grimaldi had paid the fine online on April 5, 2015, six months
earlier, but that information had not made its way from Maryland to Delaware.
15
1

28.

After giving Grimaldi the ticket, the police officer asked Grimaldi if

there was someone Grimaldi could call to take him home, as Grimaldi would not
be permitted to drive with a suspended license.

Grimaldi called Executive

Assistant Steve Burg, who lives in Elsmere and serves as Mayor of the Township.
If at home, Burg could have driven to Grimaldis location within a few minutes but
he did not answer the initial call. Grimaldi then called his girlfriend, who arrived at
the scene 20 minutes later.
29.

While Grimaldi was being driven back to his girlfriends house, Burg

returned Grimaldis phone call. During that telephone conversation, Mayor Burg
twice offer to yank the ticket issued to Grimaldi. Grimaldi declined the offer.
30.

On October 29, 2015, Grimaldi contacted Gordon by phone. He and

Gordon discussed the ticket incident, which occurred less than 48 prior to the call.
Gordon appeared to believe that Grimaldi get out of the ticket. During the call
Gordon says But you didnt get a ticket, right? Grimaldi explained that he did
get the ticket, and called the Mayor for a ride, which was later corroborated by the
production of an audio tape of Grimaldis and Burgs conversation.2 Gordon then
brushed it off, saying well, well look into it. The conversation then turned to
the complaints against Cheryl McDonaugh. Grimaldi, in explaining the problem,

Early on in his administration, Gordon encouraged Grimaldi to place an

application on his cell phone, which Gordon also had on his cell phone, which
caused all phone conversations to be recorded and stored automatically.
16
2

said every day theres an incident with Cheryl [McDonaugh], but you defend her
100% because your personal relationship. Gordon responded, hey, fuck you,
Dave, youre fired. Youre fired, Dave. And so Mr. Grimaldi was terminated
from his position.
31.

Gordon publicly misrepresented the circumstances of Grimaldis

firing, telling the press that he was fired for attempting to use his position to
influence the outcome of a traffic stop. Such accusation imputed to Grimaldi
official misconduct which constitutes a crime under 11 U.S.C. 1211.
32.

Defendants did not provide Grimaldi with the opportunity for a post-

termination hearing to clear himself of the accusation of official misconduct.

33.

Immediately after firing Grimaldi, Gordon engaged in a pattern of

retaliation. Although New Castle County had an established custom and practice
of granting all appointed employees a severance package equal to two months
salary, defendants denied a comparable benefit to Grimaldi. Instead, several weeks
after termination, New Castle County sent to Grimaldi a check representing his
final paycheck, include of unused vacation and/or sick time, but not including
any severance payment. Because of Grimaldis financial need, he was obligated to
accept the check, albeit under duress, without any severance payment.
34.

Similarly, New Castle County had a custom and practice of extending

the health insurance coverage all terminated employees for a period of two months
17

beyond the end of their employment. Defendants terminated Grimaldis health

insurance the day after his termination, with knowledge that Grimaldi needed
medical attention for pneumonia.
35.

Additionally,

Gordon

threatened

that

any

member

of

his

administration who spoke with Grimaldi would be fired.

COUNT I
(New Castle County Employee Protection Act)
36.

Grimaldi incorporates herein by reference numbered paragraphs 1-35

above, as if specifically set forth herein.

37.

Pursuant to Division 2.03.300 of the New Castle County Code, The

County shall not discharge, threaten, reassign or otherwise adversely impact an

employee regarding the employees compensation, terms, conditions, location or
privilege of employment because; (A) The employee reports, in a written or oral
communication to an elected officiala suspected violation of a law, rule or
regulation adopted by the County, the State or the United Statesunless the
employee knows that the report is without merit.
38.

Grimaldi was an employee of New Castle County, as that term is

defined by Sec. 2.03.302 of the New Castle County Code.

39.

Grimaldi reported to Gordon, his employer and supervisor, acts and

omissions by McDonough and other County employees, as described above, that

were violations of New Castle County Code Sections 2.03.103(B)(1) and
18

2.03.104(A). As a result of the reports, Gordon grew irritated with Grimaldi and
summarily fired him.
40.

Pursuant to Sec. 2.03.305 of the New Castle County Code, Grimaldi is

entitled to actual damages, including, without limitation, lost pay and benefits.
COUNT II
(Delaware Employee Protection Act)
41.

Grimaldi incorporates herein by reference numbered paragraphs 1-40

above, as if specifically set forth herein.

42.

Pursuant to Section 5115 of the Delaware Code, No public employee

shall be discharged, threatened or otherwise discriminated against with respect to

the terms or conditions of employment because that public employee reported, in a
written or oral communication to an elected official, a violation or suspected
violation of a law or regulation promulgated under the law of the United States,
this State, its school districts, or a county or municipality of this State unless the
employee knows that the report is false
43.

Grimaldi was a public employee as that term is defined by 29 Del

C. 5115(a)(1). Gordon is an elected official as that term is defined by 29 Del C.

5115(a)(2).
44.

Grimaldi reported to Gordon, his employer and supervisor, acts and

omissions by McDonough and other County employees, as described above, that

were violations of New Castle County Code Sections 2.03.103(B)(1) and
19

2.03.104(A). As a result of the reports, Gordon grew irritated with Grimaldi and
summarily fired him.
45.

Pursuant to 29 Del. C. 5115(c), Grimaldi is entitled to actual

damages, representing lost pay and benefits.

COUNT III
(Civil Rights 42 U.S.C. 1983 Exercise of First Amendment Rights)
46.

Grimaldi incorporates herein by reference numbered paragraphs 1-45

above, as if specifically set forth herein.

47.

Gordon threatened Grimaldis employment if Grimaldi politically

supported a member of the same political party who was planning to undertake a
primary challenge to County Council President Christopher Bullock. Such threat
inhibited Grimaldis freedom of political belief and association.
48.

Any support of Bullocks opponent was within the same party, and

did not constitute a shift in power from one wing of the party to another.
49.

Grimaldi is entitled to a declaration of his rights, that such conduct

violated his freedom of association and belief, and to such damages as proven at
trial.
COUNT IV
(Civil Rights 42 U.S.C. 1983 Stigma-Plus Defamation Liberty Interest)
50.

Grimaldi incorporates herein by reference numbered paragraphs 1-49

above, as if specifically set forth herein.

20

51.

Grimaldi was fired by Gordon for Grimaldis criticism of the actions

of McDonaugh, which actions violated County law, as set forth above.

52.

Notwithstanding that, Gordon told the press and the public that he

fired Grimaldi for attempting to use his position to avoid getting a ticket at a traffic
stop. Gordon knew that he was misrepresenting the facts to the press and the
public, as demonstrated by the recording showing that he summarily fired Grimaldi
for accusations about McDonaugh.
53.

Gordons accusation of official misconduct called into question

Grimaldis good name, reputation, honor, or integrity.

Gordon made those

statements to the public, with knowledge that they would be reported by the press
(and they were). Gordon made those statements in close temporal relationship to
the Grimaldis dismissal from government employment.
54.

Defendants did not provide any post-termination hearing, with the

ability to call witnesses and otherwise make a presentation, to permit Grimaldi to

clear himself of the false accusation.
55.

Defendants stigmatizing conduct coupled with termination of

Grimaldis employment impaired Grimaldis liberty interest under the Due Process
Clause of the Fourteenth Amendment to the Constitution of the United States.

21

56.

Grimaldi is entitled to compensatory damages, punitive damages for

defendants knowing and intentional misrepresentations, and attorneys fees

pursuant to 42 U.S.C. 1988

22

COUNT V
(Civil Rights 42 U.S.C. 1983 Severance/Health Benefits Property Interest)
57.

Grimaldi incorporates herein by reference numbered paragraphs 1-56

above, as if specifically set forth herein.

58.

The County had a custom and practice over the years of giving

terminated appointed employees a severance package which included two months

salary and two months of extended health care benefits. As a result, Grimaldi had
a property interest in receiving the same benefits upon the end of his employment
with the County.
59.

Defendants, as a retaliatory measure, declined to give Grimaldi the

same severance package offered to other employees. Instead, they provided a

check representing his final paycheck, inclusive of unused vacation and/or sick
timeless tax withheld. Because of economic pressure resulting from not
having sufficient cash to meet living expenses a result of the loss of his
employment, Grimaldi was forced to accept the check, albeit under duress.
60.

Defendants conduct deprived Grimaldi of a vested property interest,

such that he is entitled to relief, including (without limitation) damages

representing the value of lost severance and health coverage, and costs including
reasonable attorneys fees pursuant to 42 U.S.C. 1988.

23

COUNT VI
(Delaware Freedom of Information Act 29 Del. C. 10001 et seq.)
61.

Grimaldi incorporates herein by reference numbered paragraphs 1-60

above, as if specifically set forth herein.

62.

On November 1, 2015, Grimaldi made a formal request to the County,

pursuant to 29 Del. C. 10001 et seq. for a [c]opy of a current resume for Cheryl
McDonaugh, including any/all degrees attained, college/university attended, and
graduation date(s). (Ex. A hereto).
63.

By letter dated Nov. 17, 2015, the County refused to produce the

requested resume, stating that [t]he requested information is not a public record as
defined in 29 Del. C. 10002. The requested information concerns a personnel
file exempt from FOIA disclosure. 29 Del. C. 10002(1)(1) (Any personnel,
medical or pupil file, the disclosure of which would constitute an invasion of
personal privacy, under this legislation or under any State or Federal law as it
relates to personal privacy.). (Ex. B).
64.

Disclosure of a resume or employment application does not constitute

an invasion of personal privacy.

Poltrock v. NJU Automotive Accounts

Management Co., Inc., 2008 WL 5416396 at *6 (D.N.J. Dec. 22, 2008); Capital
City Press v. East Baton Rouge Parish Metropolitan Council, La. Supr., 696 So.2d
562, 567 (1997).

24

65.

Pursuant to 29 Del. C. 10005(d), Grimaldi requests that the Court

enter an order granting declaratory judgment, a writ of mandamus ordering

disclosure of the resume, an award of attorneys fees, and any other appropriate
relief.
WHEREFORE, for the foregoing reasons, plaintiff David Grimaldi requests
that this Court (a) empanel a jury, and upon verdict thereof enter judgment against
defendants Thomas Gordon and New Castle County, for all damages awarded as a
result of the defendants violations of plaintiffs rights under state and federal law.
Grimaldi further requests that this Court declare his rights under Delawares
Freedom of Information Act, award plaintiff his costs, including reasonable
attorneys fees pursuant to 42 U.S.C. 1988, 29 Del. C. 10005(d), and principles
of common law, and award such other and further relief as the Court deems
appropriate.

/s/ David L. Finger_______________

David L. Finger (DE Bar ID #2556)
Finger & Slanina, LLC
One Commerce Center
1201 N. Orange St., 7th floor
Wilmington, DE 19801-1186
(302) 573-2525
dfinger@delawgroup.com
Attorney for plaintiff
David Grimaldi
25

26