A former Wilmington City Council person and employee who was passed over for the council’s chief of staff position last year has sued the city alleging he was discriminated against because of his age.
Michael Brown, a 67-year-old Wilmington resident who is running for New Castle County Council against incumbent Councilperson George Smiley for the 7th District, filed the discrimination suit in May against the city after he was denied the council’s chief of staff position twice amid council’s internal struggles to agree on a candidate.
Brown was one of two finalists for the City Council’s chief of staff position last year but was initially passed over for the other candidate, Matthew Dougherty.
Then, less than an hour before the full council was set to vote on Dougherty’s appointment July 7 – for which his employment had secured an 11-2 vote by the council committee of the whole – his recommendation was pulled and City Council went back to the drawing board. The abrupt shift was prompted, according to council members, by some on the legislative body wanting a person of color in the position.
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When the job was reposted, Brown applied again, reaching out to each councilperson to share his qualifications, background and take any questions they may have about his assuming the role of chief of staff. A response he got from Councilperson Shane Darby has become the center of his discrimination suit filed in the U.S. District Court in Delaware.
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“Morning!” Darby responded to Brown’s outreach via text, according to the complaint. “I don’t question your qualifications at all. But I am honestly more in supportive (sic) of bringing in new and younger people. But it doesn’t look like we have that option for this role.”
READ THE DISCRIMINATION COMPLAINT AT THE END OF THIS STORY
Discrimination based on age
In the federal suit, Brown says Darby was a “decision-maker” in the chief-of-staff hiring process, and her comments “clearly demonstrate age discrimination.”
When Brown was on City Council, the council president had sole discretion for hiring legislative staff and would lobby fellow councilmembers behind their chosen candidate for employment. Now, the decision is made collectively by the full council through its Committee of the Whole, requiring a council majority vote (at least seven) for recommendation and later hiring.
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The former councilperson also alleges his due process rights were violated because he was not given an interview when he applied a second time.
“Because of the whole process of how it went down in terms of the interview, the filing and all that, I was done wrong,” Brown told Delaware Online/The News Journal. “I just couldn’t wrap my head around what was the purpose of them trying to block me from filling that position when I did three terms as council at-large, and sat on all the committees as a Republican at that time.”
It’s unclear when Brown received the text from Darby, but the complaint notes that on Sept. 16, 2022, Brown received a letter from City Council stating “he did not meet the qualifications for the chief of staff position.”
The complaint charges that “this representation was categorically false” since he was already a finalist in an earlier application process, and concludes that because of Darby’s comments “along with the entire record” it’s clear Brown was discriminated against over his age “despite impeccable qualifications.”
Darby, reached Tuesday by Delaware Online, stressed that she desired a chief-of-staff who could bring fresh eyes and new energy to City Council, would utilize new technology, like email and other digital means, to connect with councilmembers and the community, and doesn’t have deep connections to past political regimes.
“I do not feel like he would be a good fit. He was involved in too much drama back in the day, he was too close to certain council members that I am not a fan of, and he can’t use technology,” Darby said. “I wanted someone new and younger to bring some energy and newness to the council. I don’t care about skin color.”
What happened with the chief of staff post?
The council’s previous chief of staff, Daniel Walker, left the post in February 2022.
Walker had recommended Dougherty, who returned to Wilmington last year after spending several years working for federal lawmakers and city government in Boston, apply for the position. But when Dougherty’s recommendation was derailed at the last minute, he withdrew his application.
“I’m withdrawing my consideration due to the continual bad faith efforts by Council President Congo and some other City Council members during this hiring process,” Dougherty told Delaware Online at the time.
Publicly, City Council members said the last minute withdrawal of Dougherty’s recommendation was because the council wanted to make sure they attracted the most qualified candidates.
On Oct. 14, Brown’s attorney Ronald Poliquin sent a letter to Wilmington warning city officials of the pending discrimination lawsuit. To resolve the complaint, Brown sought $200,000 representing his “annual salary” for two years if “he wasn’t discriminated against;” $15,000 for attorney fees; and a written apology from City Council.
Less than a week later on Oct. 20, the full council approved hiring Mona Parikh as chief-of-staff.
Got a tip? Contact Amanda Fries at afries@delawareonline.com. Follow her on Twitter at @mandy_fries.
