A Markell Administration official calls an undisclosed third email account for the governor “among the worst-kept secrets in state government,” while denying a records request from a state lawmaker to reveal it.
Last month, Rep. John Kowalko (D-Newark South) requested a list of all pseudonyms and alternative email accounts associated with the governor.
That wording is why the office denied his request, citing an attorney general opinion from 2014 that says agencies aren’t required to summarize or compile information into new public records if they don’t already exist.
A response from Markell’s chief legal counsel Andrew Lippstone defended the use of a third email account, noting that most governors throughout the country also use a pseudonym or separate account to filter some emails.
“I’m not interested in what they do, I know what we’re supposed to do, so that, to me, was the art of politics of distraction,” Kowalko said.
He and Delaware Coalition for Open Government president John Flaherty also maintain that all emails associated with the account, alan.jackson@state.de.us, are still subject to the Freedom of Information Act (FOIA), but they will redact it from any released records.
“If it’s a matter of redacting that email addresss, it shouldn’t be. An email address that is used by this governor or any other official bound by the Delaware FOIA laws in the course of using state email has got to be public.”
The argument from the governor’s office is that an unpublicized email account is necessary to help efficiently and effectively streamline Markell’s electronic communication.
Lippstone notes that each Delaware governor since the use of email became widespread has had some sort of other account associated with them.
In the letter to Kowalko, Lippstone notes for example on March 27, 2015, Markell received 102 emails to both of his public accounts, but didn’t say how many were sent to the Alan Jackson account.
In a return letter to Markell and Lippstone, Kowalko says the response he received is “disappointing, and at worst it displays an arrogance and willingness to deliberately stifle transparency in our government.”
In past interviews, Flaherty has lauded Markell’s transparency record, but says he’s disappointed over his reluctance to release these emails.
Kowalko says he will appeal the decision to the attorney general’s office should another round of records requests set to be submitted in the next few days also be rejected.
