Gov. Jack Markell blocks access to 'secret' email

Delaware Gov. Jack Markell has blocked an attempt by a lawmaker and a leading open government advocate to publicize the "secret" email address the governor uses to conduct public business.

But the governor's top lawyer acknowledged that Markell's pseudonym is among the "worst-kept secrets in state government," saying that members of the media, including The News Journal, have requested records from the account.

Markell has emailed using the address Alan.Jackson@state.de.us since his first term in office.

State Rep. John Kowalko, a Newark Democrat, and John Flaherty, president of the Delaware Coalition for Open Government, sent Markell a Freedom of Information Act request seeking the governor's pseudonym email address.

Andrew Lippstone, Markell's lawyer, defended Markell's right to use a "secret" email, but refused to publicly acknowledge the address in his response to Kowalko and Flaherty.

Markell also has access to jack.markell@state.de.us, and governor.markell@state.de.us, Lippstone said.

"The reason the governor maintains a third email address on the state system is probably the same reason that virtually every chief executive has a 'direct dial' phone line that is distinct from his or her company's main number," Lippstone wrote.

"The governor receives dozens, sometimes hundreds, of communications every day. Every constituent who reaches out to the governor deserves to have his or her concerns addressed."

Markell's office also denied a request by The News Journal under Delaware's Freedom of Information Act to provide three years' worth of emails sent and received by the governor under a pseudonym or alias.

On April 16, The News Journal requested "digital copies of all emails sent and received by Alan.Jackson@state.de.us, and any other pseudonym/alias email addresses used by Gov. Jack Markell, between January 1, 2012 and December 31, 2014."

Lippstone denied access to those emails, calling the request excessively broad. "It is the intention and policy of the Markell administration to be responsive to reasonable requests for access to public records. However, excessively broad requests for public records do not comport with the standard of 'reasonable access' set forth in FOIA," Lippstone wrote.

On Tuesday, Kowalko said in a written statement that "Attorney Lippstone's response on behalf of the governor appears to insulate Gov. Markell and his office from their responsibility to Delaware law and the public's right to transparency."

Kowalko and Flaherty say Markell's use of a pseudonym to conduct public business effectively shields the governor from transparency mandates, making it more difficult to request the governor's emails and track his communications.

The governor's emails are subject to FOIA disclosure, while lawmakers' communications are protected by confidentiality provisions.

"At best the governor's 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," said the Monday letter, which was signed by Kowalko and Flaherty.

Markell's office says emails sent from, and received by, the governor's pseudonym account are subject to open records laws, though lawyers routinely redact the address when responding to requests.

Lippstone said Markell "strongly disagrees with the implication that there is anything secretive or or untoward about his use of email. The Governor takes seriously his obligations under the Freedom of Information Act, and he and his staff work hard to ensure compliance with FOIA and any other laws and policies that might apply."

Contact Jonathan Starkey at (302) 983-6756, on Twitter @jwstarkey or at jstarkey@delawareonline.com.