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A legal battle that began when Milton Mayor Don Post attempted to appoint his brother to a city post is finally over.
In 2006, Milton resident and then-board of adjustment member Marion Jones sought an opinion from the state Public Integrity Commission on Post’s decision to appoint his brother. The commission issued an advisory opinion against the appointment, saying it showed nepotism.
But Post contends that he had earlier sought an opinion from the Office of the Attorney General, which sent him a letter indicating the appointment was not improper.
In August, town attorney John Brady filed a motion to reargue the case. The ethics commission later issued a second opinion, again finding the appointment showed nepotism.
In November, Brady appealed that opinion, saying the commission acted beyond its authority. He also said that the matter should be resolved in court.
In response, Janet Wright, lead counsel for the Delaware Public Integrity Commission, argued that public officials would have no recourse if the commission’s advisory opinions could be appealed to Superior Court.
On Wednesday, April 30, the two-year legal battle came to an end when Kent County Superior Court Judge R.J. Witham granted a motion to dismiss Brady’s appeal.
Post said he won’t appeal that decision to Supreme Court.
Jones said she was satisfied that the court ruled the commission does have authority to issue advisory opinions.
She said the commission’s opinions, although legally nonbinding, provide recourse to dispute the actions of civic officials.
Wright says the judge’s decision validates the role of the state ethics commission.
“What is perhaps more important is that the court clarified the right-to-appeal issue, Wright said.
“That issue had never been decided by the court, and the ruling helps the commission, and the government officials it serves, in further understanding the law,” Wright said.
Post said Witham’s opinion is flawed, calling the facts inaccurate.
Post said his brother was never appointed to the board because Post withdrew the nomination.
“The results mean nothing. I can’t see continuing with it,” said Post.
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