County attorney urges New Castle County to seek state authority to let Office of Law staff earn tenure

New Castle County Attorney Aaron Goldstein asked the county Executive Committee on Feb. 3 to request statutory authority from the Delaware General Assembly so the county can consider an ordinance allowing Office of Law employees to earn tenure.

Goldstein told the committee the request would not itself grant tenure but would clear the way for a later county ordinance. "Granting tenure to public lawyers ensures that legal advice is provided free from improper political influence," he said, characterizing tenure as a step that supports ‘‘retention and recruitment of skilled, diligent, and responsive legal professionals’’ in a market where county salaries are not competitive.

The presentation said the proposal would follow a three-step path: the General Assembly would amend Title 9 of the Delaware Code to permit the county to adopt a local ordinance; the county would then draft an ordinance defining eligibility and process; and the ordinance would set the mechanics for earning the right to tenure. Goldstein said the state Department of Justice and the City of Wilmington have taken related approaches; he cited a 2024 change in Wilmington effected by Senate Bill 253 as a recent example.

Goldstein also clarified limits: the county attorney and the county solicitor would not be eligible for tenure, and tenure would not change salary or benefits. He told the committee the Office of Law employs 19 full-time staff and said he believed there were 14 lawyers, while qualifying that the figure was being checked ('I believe it's 14. I may be wrong').

Committee members pressed for details. Councilman Cartier asked whether Office of Law attorneys are in the merit system or represented by a bargaining unit; Goldstein said the first assistant position is in merit but most attorneys have been at-will employees and are not represented. Councilman Smiley asked whether any prospective ordinance would treat current staff retroactively or start a tenure clock on passage; Goldstein said the county ordinance would be crafted to the council's direction but stressed a core rule that no one could attain tenure until after three continuous years of full-time service and that the county could adopt a one-year run-up before the right could be earned.

Several council members voiced support for the concept as a tool to improve continuity and professionalism. Councilman Carter said moving away from vestiges of a patronage system was overdue and called for a broader review of Title 9. Councilman Canelo said the Office of Law is understaffed for a county of nearly 600,000 residents and supported measures to retain and grow the office.

But Councilman Street expressed active concern about the office's racial diversity. "There's a clear absence of of diversity that I've been complaining about over the past several months...and that's probably why I won't be supporting it," he said, framing his opposition on workforce composition rather than the tenure concept itself.

The resolution, identified in committee as Resolution 26-018, was introduced and discussed but the transcript does not record a committee vote on the measure. The committee did approve the January 2026 minutes earlier in the session by voice vote, and the meeting closed with the committee adjourning after no public comments were received.

Goldstein also used the presentation to introduce Asia Gregory as the county's newly promoted first assistant county attorney; several members congratulated Gregory during the meeting.

Next steps: the resolution asks the General Assembly to amend Title 9 so New Castle County could later consider a local ordinance; if the General Assembly acts, the county would return to draft and consider an implementing ordinance that specifies eligibility, retroactivity, performance plans and administrative procedures.