A case pitting Wilmington City Councilmembers against each other was heard in the Court of Chancery Tuesday morning.
The hearing saw Councilmember James Spadola and Council President Trippi Congos’ lawyers present their cases on whether Spadola can remain on Council after changing his party affiliation.
The city charter said no more than three councilmembers-at-large can be registered under the same party. Spadola’s switch made it so all four seats are taken by Democrats.
Congo’s team argued the city charter requires one at-large seat to remain represented by a minority party throughout their four-year term and Spadola switching his affiliation to Democrat leaves all those seats with one party.
Spadola’s team argued he is able to change his party affiliation because the change happened after his election, and this rule is named in the section of the charter associated with election qualifications.
“Council made it pretty clear it's a fairly cut and dry case,” Spadola said. “We read the charter, and I feel good about our case and have full faith and confidence in the rule of law, and appreciate the judge's time.”
Congo agreed the charter is clear – but not the way Spadola interpreted it.
“It's not something that I agree with, but that's where we are,” Congo said. “We have tried to change that part of the charter, but Dover hasn't changed it yet. So, it's something that we just have to have to do, unfortunately.”
The Chancellor listened to arguments and will not make a decision just yet.
If the judge sides with Congo, Spadola’s seat will be vacated and there will be a replacement process pursued by acting City Councilmembers.
“I think that's just fair,” Congo said. “I think that the intent of the charter was to have that presence on council, and now, and now we don't.”
The presiding Chancellor asked no questions and said she would take the arguments presented under consideration.
