Press Advisory:
For immediate release
January 30, 2025
Contact:
John Kowalko
302-547-9351
kowalkoforthe25th@gmail.com
Newark Residents File Freedom of Information (FOIA) Complaint With Attorney General Against City
A group of Newark City residents have petitioned Attorney General Jennings to find Newark City Officials in violation of Delaware’s FOIA laws. (Petition below)
Specifically, we feel that the City of Newark has violated the Freedom of Information Act by not publishing their intent to initiate a contract to convert a municipal park to a baseball frield in secrecy; by keeping secret the minutes of their contract discussions and not allowing any public review or discussion of this major capital project, selling a Newark Park in secrecy.
Former State Representative John Kowalko stated “This contract would allow the destruction of one of the City of Newark’s publicly funded and taxpayer owned parklands for a lifetime, with no regard to the rights of the neighbors who use it, nor the opinions of the majority of Newark residents.”
We, the undersigned, are formally requesting that the Attorney Generals Office review and determine violations of FOIA by the City of Newark regarding a contract, granting of taxpayer park property to the Newark Charter School.
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January 30, 2025
Dear Attorney General Jennings,
We the undersigned are formally requesting that your office review and determine violations of FOIA by the City of Newark Manager Tom Coleman, Mayor Jerry Clifton and Newark Charter School Head of School Sam Golder regarding a contract, granting of taxpayer park property to the Newark Charter School.
This contract was supposed to have been presented to the City Council for a vote on January 27, 2025, and was delayed only by public outcry.
This plan intends to deforest as much as 5.5 acres of woodland, disaffect wildlife habitat, and construct a large facility within 150 feet of neighboring homes.
This contract would allow the destruction of one of the City of Newark’s publicly funded and taxpayer owned parklands for a lifetime, with no regard to the rights of the neighbors who use it, nor the opinions of the majority of Newark residents.
Specifically, we feel that the City of Newark has violated the Freedom of Information Act by not publishing their intent to initiate a contract to convert a municipal park to a baseball frield in secrecy; by keeping secret the minutes of their contract discussions and not allowing any public review or discussion of this major capital project, selling a Newark Park in secrecy.
Normally, major capital projects, such as this Park conversion and tree removal, is part of a public process to develop a capital budget. But in this case, the public process was bypassed in total secrecy.
The public should be allowed to view and monitor the actions of our public officials.
Yet in this case, the public was kept in the dark and they have not seen or reviewed any and all correspondence, written or otherwise, including contracts and plan proposals and agreements between City Manager Tom Coleman, Mayor Clifton, Deputy Parks Director Tyler DeBruin, and Newark Charter School Head of School Sam Golder.
In addition, records of conversation between parties regarding the subject matter of requests for athletic field space on public property was conducted in secret as are the dates of discussions between the parties.
Discussions have apparently been ongoing in secret to give City of Newark Folk Memorial Park to Newark Charter School Head for fifty years without the consent or knowledge of Newark residents or City Council members.
Secrecy is harmful to the public interests and a failure to even attempt to notify the public or residents in the immediate area of the park violates the statute and spirit of Delaware’s FOIA laws.
There have been no public notices, no public meetings, no input from the public into these discussions yet City Manager Coleman stated to Rep. John Kowalko (ret.) that he was only preparing a contract to present to the Council for their approval. And yet, quotes from Newark Charter School Head Golder suggest a very specific contract is in place with funding and specifics on sound, lighting, and architectural plans.
We thank you in advance for your positive involvement in defending the People’s right to know.
Sincerely,
State Representative John Kowalko (retired)
14 Kells Ave.
Newark, DE 19711
Connie Merlet
Amy Roe
Caitlin Custer-Hufe
Barbara Ward
Laura Campbell
Sheila Lynch
Elizabeth Wickersham
Mike Ingram
Linda Gould
John D. Flaherty, Delaware Coalition for Open Government