Why Should Delaware Care?
A new report claims that the elected recorder of deeds in New Castle County offered a job to a county councilman to prevent him from challenging him in the September primary election, raising questions around the legality of such an offer. The low-key race comes with a salary of that is three times the average for New Castle County residents.
Despite calls for investigations following a damning report over an alleged job proposal to keep an opponent out of the looming primary election, New Castle County Recorder of Deeds Michael Kozikowski won’t drop out of the race.
Kozikowski was defiant Thursday afternoon, telling Spotlight Delaware that he categorically denied “any wrongdoing,” and that he still is running in the Sept. 15 Democratic primary election. He declined further comment on the episode on the advice of his legal counsel.
According to a report first published by WHYY on Thursday morning, Kozikowski met in June with New Castle County Councilman David Tackett, who at the time was still considering a bid for the elected office.
Tackett, suspicious of Kozikowski’s intentions, reportedly recorded their more than hourlong conversation in which the incumbent told the councilman that he could set him up with a $76,295 job in the office if he didn’t file for the election.
As its name suggests, the recorder of deeds manages the paperwork on property sales in the county along with mortgagees, easements, federal tax liens and more. The office, which comes with an annual salary of $123,000 — about three times the average per capita income in New Castle County, has been elected in Delaware since 1897. Many other states have stopped electing the position and instead typically assign the duties to a county or court clerk.
Kozikowski, 75, who has served in the role since 2002, has never faced a primary challenger in his six terms as recorder of deeds. He’s only faced a Republican general election challenger twice in that time.
In the WHYY report, Kozikowski said that he didn’t see any problem with his offer because Tackett had not yet officially filed his candidacy. County Council officials are not allowed to hold other county office positions or employment during their term or for one year following their exit from office though, according to Delaware state law.
Last month, Tackett submitted a formal complaint to Attorney General Kathy Jennings’ office, in which he claimed Kozikowski “attempted inducement of a prospective political candidate through repeated offers of public employment and compensation.”
Tackett told Spotlight Delaware he originally did not feel comfortable filing the complaint. But conversations with his campaign manager, Rich Jester, and fellow County Councilman Brandon Toole reiterated that the situation “wasn’t right.”
“They said that this should not be covered up and should be exposed,” Tackett said. “This type of [manipulation] should not be happening for anyone in any office.”
Delaware Department of Justice Spokesperson Mat Marshal confirmed to Spotlight Delaware that it also has received a complaint, but said the department does not discuss, confirm, or deny investigations.
New Castle County Councilman Kevin Caneco also filed a complaint Thursday with the New Castle County Ethics Commission, asking it to conduct an investigation and official review of the incident.
Caneco submitted his investigation request just hours after WHYY released the report.
“I find it really, really problematic that an elected official, a sitting elected official who’s been in office for 24 years, is telling another elected official that they’ll give them close to an $80,000-a-year job to stay off the primary ballot,” he said.
While he knows an investigation is not likely to be completed before the Sept. 15 primary election, Caneco said an investigation should still be done regardless of the election’s outcome.
Natalie Criscenzo, a spokesperson for New Castle County, said County Executive Marcus Henry has “directed his administration to provide any information they request as part of their review.”
Henry previously endorsed Kozikowski, but Criscenzo said the County Executive’s office “cannot comment on campaign decisions.”
In WHYY’s report, Kozikowski is alleged to have told Tackett that Henry was familiar with his plan to offer the job and called it an “olive branch.”
