Delaware House Dems say staffers forced to sign confidentiality agreements

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Delaware House leaders are trying to distance themselves from the revelation that some staffers were pressured to sign non-disclosure agreements (NDAs) over the past year.

Three lawmakers and a former staffer say it was newly chosen Majority Leader Kerris Evelyn Harris or former Speaker Valerie Longhurst who came up with the idea to require confidentiality agreements. The Democrats say the aides were not allowed to keep a copy of the agreements.

They spoke on the condition of anonymity to describe sensitive internal party operations and conversations, including the debate that happened at a caucus meeting last week where members chose new House leadership. Caucus discussions are confidential.

The representatives say one lawmaker broached the subject of the NDAs at the caucus meeting, causing concern about the issue among several members, including doubt over whether the NDAs were legal.

One lawmaker said she has been trying unsuccessfully to get a copy of one of the NDAs for weeks after being made aware of the practice in October. It’s unclear what is in the NDAs or what material staffers are forbidden to reveal, which could include unflattering or unethical behavior of the lawmakers they work closely with.

Two of the House members said Harris stood by the practice of requiring the NDAs at the caucus meeting, saying they were needed due to concerns of staff breaking constituents’ confidentiality.

“No one is buying that,” said the female lawmaker. “It is especially strange because only some staff were made to sign them.”

It’s unclear how many staffers signed NDAs. The three lawmakers said they were told an outside law firm, not House attorneys, drafted them. If so, it’s unclear how the legal work was funded.

Despite people being aware of the NDA requirements for staffers for several months, a spokesperson for the House leadership team said this issue was just recently brought to their attention and they are investigating it. The former House staffer said he’s sure whose idea it was.

“I can tell you that this is 100% solely the brainchild of the former speaker,” he said. “This is all [Longhurst].”

Longhurst served one term as speaker before losing her seat in September against political newcomer Kamela Smith. She did not return a request for comment.

The three lawmakers said Harris told them during the caucus meeting that all staff would be signing NDAs going forward. But a House spokesperson said no one under newly chosen Speaker Mimi Minor Brown will be required to sign one. Calls to Harris and Minor Brown received no response.

Mike Brickner, executive director of the American Civil Liberties Union of Delaware, said they have been contacted by members of the community on the issue.

He said his organization has not seen a copy of the NDAs, but the agreements do not take away the right of government employees to report illegal activity or corruption.

“Every government employee has to feel empowered to be able to report those issues when they arise without any fear of retaliation or reprisal,” he said. “It has to be really clear that employees still have those rights as whistleblowers because, again, it’s within all of our interests as taxpayers for them to be able to raise those issues up when they may happen in the workplace, especially in a government workplace.”

The Delaware Department of Justice received a complaint related to House staffers being asked to sign confidentiality agreements on Oct. 8, an agency spokesperson confirmed.

The former House staffer said caucus employees and legislative aides have a basic understanding that they can’t release sensitive information about constituents or draft legislation.

“If you turn around and leak information about a draft bill that has not been written yet, or a constituent that is facing an extreme hardship, why would you ever be trustworthy again as a staff person,” he asked. “But that is not the basis for signing an NDA.”

The existence of the NDAs surfaced just after State Auditor Lydia York released a report showing at least six current and former state lawmakers potentially double-dipping by working two taxpayer-funded jobs at state or local government entities at the same time between fiscal year 2020 through 2022.