Voters oust Delaware incumbent who was recorded offering potential primary opponent a $76K job if he didn’t run

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Dave Tackett said he lost count of the number of voters who applauded him on Election Day for exposing his Democratic primary opponent’s offer of a job to entice him not to run for New Castle County Recorder of Deeds.

Incumbent Mike Kozikowski had made the job offer, which included an annual salary of $76,000, during a June 24 meeting that Tackett had secretly recorded.

By state law, however, Tackett could not take a county job since he’s also a member of County Council.

WHYY News published a story about Kozikowski’s gambit on Sept. 3 — 12 days before Tuesday’s primary.

Tackett told WHYY News that the reception he received at polling sites was overwhelmingly positive.

“Every single person approached me and so many said ‘Thank you for standing up,’ and ‘Thank you for doing the right thing,’ ‘Thank you for representing the people,’ and ‘That’s why we’re voting for you,’” Tackett said.

And vote for him they did, sending six-term incumbent Mike Kozikowski to his defeat. Each term is for four years. Kozikowski has held the seat since 2002.

Tackett won 52.2% of the vote. In raw numbers, Tackett won by 2,317 votes out of the 51,331 cast.

Tackett has said Kozikowski’s offer “could be considered a bribe,” and has made a formal complaint with the office of Attorney General Kathy Jennings, which won’t confirm whether or not it is investigating.

Tackett said he hasn’t heard from Jennings’ office. He said he saw Jennings at the polls Tuesday, but neither mentioned the recording or his complaint with her office. Jennings, a two-term incumbent, won her primary in a landslide against two opponents.

Kozikowski defended his job offer in an interview with WHYY News two weeks ago, saying there was no wrongdoing because Tackett had not yet filed his candidacy with the state Department of Elections. Tackett filed his paperwork, however, just hours after their meeting at Cosmos Restaurant near Newport.

Kozikowski, 74, did not respond to a request for comment from WHYY News after voters ousted him Tuesday.

The 60-year-old Tackett, a six-term county councilman, has no Republican opponent and will take his new post — with an annual salary of $123,000 — in January.

The recorder of deeds office, which has about two dozen employees, maintains deeds from real estate sales, mortgage documents, government liens and other property records for Delaware’s largest county, which has about 590,000 residents.

“As we move forward we’re going to regroup and try to heal the wounds that kind of happened in the campaign,” Tackett said.

Voters ‘don’t like that BS’ and ‘they’re not going to accept it’

In the aftermath of his victory, Tackett said voters sent a resounding message to him personally and at the ballot box that they disapprove of such campaign tactics.

“They felt that was predominantly the history of the old party regime, that that’s how they operated and that’s how they stayed in control and that’s how they kept their power,” Tackett said.

“They don’t like that BS. And whether it sends a message to the Democratic Party, the Republican Party or any party out there, that’s just not how this is supposed to be done,” he continued. “Voters are aware, they’re listening and they don’t appreciate that and they’re not going to accept it.”

Everlyn Brady, chair of the state Democratic Party, said Wednesday that she didn’t approve of either Kozikowski’s offer or Tackett’s secret recording.

“I don’t think it’s fine to offer someone a job to not run for an office,” Brady said. “I don’t think it’s fine to record people without them knowing. I did not appreciate the lack of transparency. I always want there to be an honest, open, transparent Democratic Party. It was just not a good look at all for candidates representing the Democratic Party.”

Delaware is a “one-party consent state” under state law, meaning only one of the participants in a conversation needs to agree for it to be recorded, as long as it’s not recorded with “a criminal or tortious” intent.

Democrats hold all nine statewide elective offices in Delaware, dominate both chambers of the General Assembly and also serve as Wilmington’s mayor and the New Castle County executive.

Brady said she didn’t necessarily agree with Tackett’s view that voters clearly rejected Kozikowski’s tactics.

“The results of the election tell you one of two things,’’ Brady said. “The voters were ready for change and/or they didn’t like the idea of someone trying to bribe someone instead of just letting there be the Democratic process.”

New recorder of deeds will be known for secret recording

Not only will Tackett be the new recorder of deeds, he’ll also be known, at least for the foreseeable future,  as the politician who made a secret recording of his opponent.

The recording was made at Cosmos on June 24. At the time, Tackett said he was preparing to enter the race and Kozikowski knew it.

Tackett said he had heard from a political insider that Kozikowski might offer him a job, so he decided to use his phone to record and document what took place.

Over the next hour and 27 minutes, Kozikowski repeatedly offered to appoint Tackett to a job in the office, postulating their proposed alliance as a “win-win” for both politicians. Kozikowski had never had a Democratic primary opponent in his six previous campaigns.

Five minutes into the conversation, Kozikowski described how he had devised the new post from a vacant job, and then asked Tackett if he wanted it.

“I’m thinking, you being a council member, you’ve already got the interpersonal skills. You’re out there talking to the public all the time, I’m looking for someone that has those skills,” Kozikowski told Tackett in the recording.

“What’s interesting is the fact of what it pays. It’s $76,295,” Kozikowski added. “I don’t know if that’s something you would be interested in.”

Tackett was noncommittal.

“I don’t know. I have to think about it, I guess,” Tackett responded.

Kozikowski also said Tackett would only report to him and a top aide, and only have to go to the office in Wilmington three days per week, similar to other employees.

The incumbent pointed out during the meeting that Tackett, who is paid $59,000 annually on council, would be earning more than $130,000 per year if he held both jobs.

Kozikowski also told Tackett he’d spoken with County Executive Marcus Henry and both agreed that county lawyers would review whether Tackett could hold an elected post — his current council term runs through 2028 — and an appointed county job.

No mention was made of the state law that prohibits such dual county employment for members of County Council.

Henry, who is in his first term as county executive, has not responded to requests from WHYY News for comment on any related discussions with Kozikowski.