Republicans block Carney's DNREC nominee

Republicans blocked Gov. John Carney's nomination of Shawn Garvin to lead the Department of Natural Resources and Environmental Control on Wednesday, throwing a wrench in what previously had been a smooth confirmation process.

Senate President Pro Tempore David McBride did not bring up a vote on Garvin's nomination when it became clear Democrats would not have the 11 votes needed for confirmation. Garvin was previously a regional administrator with the federal Environmental Protection Agency.

"Members of the Senate Democratic Caucus were prepared to confirm Sean Garvin on Wednesday," McBride said, reading from a statement. "He has significant experience and leadership necessary to become the next [DNREC Secretary.] Republicans should set aside political differences and join us in confirming this qualified candidate."

The 10-member Senate Republican Caucus did not issue a statement on why its members opposed Garvin. Minority Whip Greg Lavelle, R-Sharpley, said each person had different reasons but declined to list his own.

In a Senate Executive Committee meeting Wednesday, Lavelle and Minority Leader Gary Simpson, R-Milford, asked Garvin several questions about the EPA and a state sustainable energy project but did not confront him about his answers.

"Nothing personal against Shawn, I just think the Obama EPA has been one of the most anti-business EPAs in history," said Sen. Colin Bonini, R-Dover South. "I think bringing in a high-level person from that culture is not something I support."

Other Republican senators would not answer questions about their issues with the nominee or say whether they believe Garvin's nomination is salvageable.

Carney, through a spokesman, declined to be interviewed. In a statement, he indicated he believes Garvin will be confirmed, even if that vote has to wait until after next month's special election to fill new Lt. Gov. Bethany Hall-Long's Middletown-area Senate seat. That election will determine which party wins control of the state Senate.

"We continue to talk to members of the Delaware Senate about the nomination of Shawn Garvin to lead DNREC," Carney's statement said. "Shawn is a remarkably qualified candidate. We look forward to his confirmation in March."

Current DNREC secretary David Small was still in office Wednesday, although a Carney spokesman would not say how long he would remain in the cabinet position.

The Republicans' blockade was a display of their new political muscle in the chamber. Democrats held a 12-9 advantage last session, which meant they could easily win simple majority votes like confirming governors' nominations.

But Sen. Anthony Delcollo, R-Elsmere, defeated then-President Pro Tempore Patricia Blevins in November and Hall-Long was inaugurated lieutenant governor last week. That left the chamber evenly split, 10-10.

As lieutenant governor, Hall-Long can cast a tie-breaking vote in the Senate. But Sen. Dave Lawson, R-Marydel, was absent, which meant the vote would have been 9-10 — that means Hall-Long would not get to vote but Democrats would not have a majority.

Reached by phone, Lawson said he was gone because of a personal issue. He said he "would have loved" to have been there to vote for other nominees, like Robert Coupe, but said he would oppose Garvin because of his EPA connections.

"I have gotten a lot of calls from constituents telling me not to vote for him," Lawson said. "I just don't think it makes sense to vote for someone who comes from an agency that has caused so many problems for our businesses and agriculture."

Republicans put up little to no opposition on Carney's other nominees. Six more were confirmed Wednesday:

• Susan Bunting, Department of Education
• Carol Timmons, Delaware National Guard
• Robert Coupe, Department of Safety and Homeland Security
• Michael T. Scuse, Department of Agriculture
• James Collins, Department of Technology and Information Services
• Anas Ben Addi, State Housing Authority

Senators also approved Carney's nominee for the Industrial Accident Board, Idel Wilson, and for Public Advocate, Andrew Slater.

MORE: See the stark difference between confirmations in Dover and in Washington

MORE: Carney considering overhaul to economic development.

Wednesday's votes mean the Senate has confirmed all of Carney's cabinet except for Garvin and two holdovers from Gov. Jack Markell's tenure, who are in the midst of special circumstances. Patrice Gilliam-Johnson is leading the Department of Labor while it undergoes a review of allegations of racial discrimination; Bernice Whaley is still in charge of the Office of Economic Development while a task force considers changing the agency into a public-private partnership.

As usual, there was little outright criticism of the nominees, though several were asked questions about problems facing the state.

Bunting, currently superintendent of the Indian River School District in Sussex County, faced the longest hearing. She will play a particularly key role in Carney's administration because education spending is about a third of the state's operating budget at a time when the state is in a $350 million hole.

"I think it's time to look at all budgets to see what can be adjusted and cut," Bunting said. "We're going to have to do more with less."

Carney has called for restructuring the Department of Education.

Lawmakers peppered Bunting with questions about some of the most controversial education topics of the past few years.

On charter schools, Bunting said she is a supporter of school choice, but also said the state needs to hold charters accountable. She said testing was important are but she was open to eliminating any assessments that might be unnecessary.

When asked whether parents should be allowed to "opt out" of standardized testing, Bunting said some students should be excepted but that the state should obey federal rules that say 95 percent of kids should be tested.

Bonini said Bunting had a stellar reputation, but questioned whether a long-time Delaware superintendent would be willing to hold districts accountable.

"I don't want us to miss the opportunity to create high standards and strong accountability," Bonini said.

Coupe, who served as Commissioner of Correction under previous Gov. Jack Markell, was asked about the state's high incarceration right and crime in Wilmington, which has spiked at the start of 2017.

Coupe said initiatives to get more officers on the streets — like the recent effort to bring in officers from outside the Wilmington Police Department — might help in the short-term, but said the economic and educational fortunes must improve in the high-crime neighborhoods.

"To change the criminal mindset in the city, we have to give people hope," Coupe said.

Contact Matthew Albright at malbright@delawareonline.com, (302) 324-2428 or on Twitter @TNJ_malbright.