Why Should Delaware Care?
Non-disclosure agreements, or NDAs, have often been used by powerful individuals to keep unflattering or unethical behavior under wraps. A new report from Spotlight Delaware found Democratic leadership pushed staffers to sign NDAs of their own, without providing them a copy.
Four Democrats in Delaware’s House of Representatives said multiple staffers were directed by former caucus leadership to sign non-disclosure agreements in the past year, without providing them their own copies.
Those representatives, who spoke on the condition of anonymity to describe internal party actions, said they were blindsided with the information as they voted on new House leadership. A debate ensued, where multiple members raised concerns about the practice and some questioned its legality.
But as former House Majority Whip Kerri Evelyn Harris, a member of the caucus who acts as a bridge between staff and leadership, was getting ready to be elected House majority leader, those representatives said she defended the move.
The news comes less than a week after Democrats selected Rep. Melissa Minor-Brown to serve as the new Speaker of the House, following a single session with former Rep. Valerie Longhurst at the helm.
Now, leadership has been questioned on its transparency, as representatives said they knew nothing about the practice.
It’s unclear how many staffers were asked to sign NDAs, and the extent of the agreements. But when members of the caucus asked why they would be signed in the first place, they were told it was to protect constituent confidentiality.
“No one is buying that,” one representative told Spotlight Delaware. “It is especially strange because only some staff were made to sign them, and they were not given copies for their own records.”
Spotlight Delaware was not able to obtain a copy of any NDAs prior to publication.
Another representative said it was unclear who would have drafted the agreements, since legal counsel for the House Majority Caucus had reportedly questioned the legality of such a move in the past.
Although the reason for seeking those NDAs is still unclear, the issue notably comes up after several years of indiscretions by state legislators, including arrests for domestic violence and theft, as well as reports that legislators have benefitted from dual employment from state agencies or state-funded organizations.
Caucus staffers, including leadership from the chief of staff down to legislative aides, work closely with state legislators year-round and are knowledgeable about private discussions of party members.
According to a spokesperson for the House leadership, no NDAs have been signed under the new leadership of Minor-Brown and denied that the practice would be carried forward.
The spokesperson said the matter had been brought to leadership’s attention, and they would be investigating if anyone had signed NDAs.
“Our staff frequently handles sensitive information, including personal details shared by constituents, and we stress the importance of treating this information with discretion and respect,” the spokesperson said. “However, it is not our policy to require NDAs from staff members.”
When it comes to the defense of the agreements at this month’s caucus meeting, the spokesperson said Harris “did not have knowledge about the matter of staff NDAs prior to the caucus organizational meeting.”
“She believed the caucus member was referring to the confidentiality section of the employee handbook,” the spokesperson said.
One of the representatives said the Delaware Department of Justice and American Civil Liberties Union had been contacted about the issue.
A spokesperson for the ACLU of Delaware said members of the community had reached out about the NDAs, but wouldn’t confirm whether they had received any complaints from staffers.
The DOJ said it received one complaint about the allegation on Nov. 8, but didn’t elaborate further.
Legislators are set to return to session in January with new dynamics, including a new governor in Matt Meyer, six new House members and two open State Senate seats to be vacated by Kyle Evans Gay, who was elected lieutenant governor, and Sarah McBride, who was elected to Congress.
The post House Dems: Staffers were directed to sign NDAs by leadership appeared first on Spotlight Delaware.