JOH N A. KO WAL KO , JR.

S TATE R E P R E S E N TATIV E
25th District

HOUSE OF REPRESENTATIVES
STATE OF DELAWARE
411 LEG IS LATIV E AVENUE
DO VER , DE LAWAR E 19901

COMMITTEES
Energy
Health & Human
Development
Labor
Manufactured Housing
Natural Resources

April 20, 2015

Re: Response to Rep. Kowalko Letter
Mr. Lippstone,
Please be advised that after having digested your April 16. 2015 response to my March 26, 2015 FOIA request
directed to the Governor I am forced to respond and challenge the dismissive attitude that your letter conveys.
At best the Governors response to my legitimate request for information is disappointing, and at worst it displays
an arrogance and willingness to deliberately stifle transparency in our government. Rather than provide me with the
requested information, the Governor had his lawyer prepare a response intended to insulate the Governor and his office
from the responsibility to Delaware law and the publics right to transparency. It evades any attempt to simply provide the
requested email addresses, even though the Governors lawyer makes the statement that Although the Governors third
State of Delaware email address is not known to everyone, it is among the worst- kept secrets in state government. The
News Journal published it several years ago, and members of the media routinely make specific reference to it when filing
FOIA requests.
Disregarding the question of why the media feels compelled to specifically reference the secret email (as if they
are worried they will not receive all the appropriate emails from a FOIA request without doing so), a more serious
question is why the Governor feels that the action of other governors in this country somehow excuses his responsibility
to comply with Delaware law. The actions of other governors, and their responses in an admittedly non-scientific poll
through a confidential listserv, have no bearing on the responsibilities of the Governor of Delaware, who is subject to
Delaware law and the requirements of Delaware FOIA. I will certainly be filing a Freedom of Information Act request
into the public business the Governor is conducting on this secret listserv as well.
Despite the words of the Governors lawyer that Governor Markell strongly disagrees with the implication that
there is anything secretive or untoward about his use of email, the Governor refuses to release his email account. This is
no longer an implication. It is a statement of fact. The Governor has no ground to stand on if he is nonsensically
claiming that keeping an email secret is not secretive. The Governors innuendo that The Governor respects and
appreciates your efforts to increase government transparency, even if you are not bound by FOIA yourself, ameliorates
his responsibilities to comply with the laws of Delaware. This feeble attempt to distract from the issue is especially
insulting since the Governor and the public are fully aware that I supported keeping the General Assembly members under
FOIA rules when we are using government email or conducting public business. The Governor should also be aware that I
have repeatedly stated that I would release any of my state policy and issue discussion and interagency dialogue emails
upon request, with a redaction of personal or intimate constituent/civilian references as provided in Delaware FOIA law.
In addition, the apparent attempt to claim sole credit for the accomplishments and significant achievements of the
Delaware General Assembly and my fellow legislators in increasing government transparency without any
acknowledgement of their efforts rings hollow indeed.

14 Kells Avenue, Newark, DE 19711

Home: 302-737-2396 Wilmington: 302-577-8342 Fax: 302-577-6701
Dover : 302-744-4351 Fax: 302-739-2313 email: John.Kowalko@state.de.us

JOH N A. KO WAL KO , JR.

S TATE R E P R E S E N TATIV E
25th District

HOUSE OF REPRESENTATIVES
STATE OF DELAWARE
411 LEG IS LATIV E AVENUE
DO VER , DE LAWAR E 19901

COMMITTEES
Energy
Health & Human
Development
Labor
Manufactured Housing
Natural Resources

Despite the Governors attempted words of protest, this response clearly reinforces the truth in my statement that
this Governor has violated the spirit of Delawares Open Government Law. I will be requesting certain emails from the
Governors secret email account, and I fully expect those emails to be released, with redactions only for those records that
are specifically excluded in Delaware FOIA law pursuant to Delaware Code, Title 29, 10002(l). Delaware law does not
permit any redaction of the Governors email address in response to a FOIA request, and I would not presume that the
Governor would be willing to violate Delaware law.

State Representative John Kowalko 25th District

John Flaherty
President
Delaware Coalition for Open Government (DELCOG)

14 Kells Avenue, Newark, DE 19711

Home: 302-737-2396 Wilmington: 302-577-8342 Fax: 302-577-6701
Dover : 302-744-4351 Fax: 302-739-2313 email: John.Kowalko@state.de.us