The Delaware State Senate is going through with hearing Bethany Hall-Long’s appointments to the Diamond State Port Corporation Board despite Gov. Matt Meyer’s request to dismiss them.
During her two-week stint as governor, Hall-Long nominated former Secretary of State Jeff Bullock — who served as the board’s chair for years as a part of his cabinet position — on Jan. 20, one day before Meyer's inauguration.
She also nominated three local labor leaders, William Ashe, Curtis Linton and Jame Ascione and Robert Medd, a former chair of the Delaware Board of Pilot Commissioners.
The board manages and operates the Port of Wilmington and also heads the development of the Delaware Container Terminal at Edgemoor, a project that has been halted due to legal permitting challenges.
Meyer sent a letter to the Senate requesting the names be withdrawn from consideration, noting he may even nominate the same candidates, but wants his own time to consider.
“Some of the individuals whose names who have just been withdrawn may very well return to my own shortlist of nominees, along with other potential qualified candidates for the appointments. Now is the time for considered collaboration on this important matter," the letter read.
Senate President Pro Tempore Dave Sokola (D-Newark) responded with another letter, saying Meyer is welcome to make his own nominations, but the leadership team feels Hall-Long’s candidates are qualified.
"We believe, based on our own legal research, that these are viable nominees before the Senate. Whether you take issue with process, or with individual nominees on their perceived merits, we invite you to advance your own nominees for Senate consideration — a step that is well within your rights as Governor. As you write in your letter, 'now is the time for considered collaboration on this important matter.' We agree that a 'robust and deliberative process' is critical,"
The letter did not explicitly state the nominations would be withdrawn, and according to the Senate Executive Committee's hearing schedule, four of Hall-Long's candidates are slated to undergo their confirmation hearings Thursday morning starting at 10 a.m.
Meyer’s Deputy Chief of Staff Nick Merlino says an additional letter was sent to the Senate citing legal precedent as to why Hall-Long's nominations should not be considered, including: Marbury v. Madison, 5 U.S. 137, 157 (1803), In re Governorship, 603 P.2d 1357 (Cal. 1979), In re Advisory Opinion to the Governor, 247 So.2d 428, 433 (Fla. 1971), State ex rel. Todd v. Essling 268 Minn. 151 (1964) and Harrington v. Pardee, 1 Cal. App. 278, 280 (Cal. Ct. App. 1905).
“This is not Governor Meyer’s first rodeo dealing with insiders involved in self-dealings. Unelected acting Governors do not get to make nominations to the state’s largest asset to help their friends during their farewell tour. Our port must continue to create quality job opportunities in Wilmington and its leadership must be held accountable for every penny of public money," Merlino said.
Merlino says if Hall-Long's nominations are confirmed, Meyer’s team will pursue legal action.
A spokesperson for the State Senate says despite opposition, the committee will be going through with the hearings.
Senate Majority Leader Bryan Townsend (D-Newark) also filed Senate Bill 44 two weeks ago, which would give the power of electing a board chair to the board itself, rather than the governor.
The bill has yet to undergo an initial hearing in the Senate.
If Hall-Long's nominees clear the Senate Executive Committee Thursday, they will still need to be confirmed by the full Senate.
