In June, Kozikowski met with Tackett at Cosmos Restaurant near Newport and offered him the job, even though state law bars county council members from holding other county offices. Tackett, noncommittal during the 90-minute meeting, filed his candidacy hours afterward and secretly recorded the exchange on his phone.
WHYY News obtained the recording in late August, along with a formal complaint that Tackett’s campaign manager Jester had filed with Delaware Attorney General Kathy Jennings’ office, and published a story on Sept. 3.
On Sept. 15, Tackett defeated Kozikowski in the Democratic primary, capturing 52.2% of the vote. Kozikowski had never faced a primary challenger during his 24 years in office. Tackett faces no opponent in the Nov. 3 general election.
The FBI became involved on Oct. 1, when Wilmington-based special agent Nick Fuller emailed Tackett requesting a copy of the recording. Jester sent the audio file to the agent on Oct. 8. U.S. Attorney Benjamin Wallace, whose office prosecutes federal crimes in Delaware, said per Justice Department policy he could not confirm the existence of an investigation. Jennings’ office declined to comment, and Kozikowski did not respond to requests for comment about the FBI’s involvement.
In an earlier interview with WHYY News in September, Kozikowski defended his offer, saying he saw no problem because Tackett had not officially filed his candidacy at the time. “He still had that choice,” Kozikowski said. “He could think about taking the position, OK? Or if he decided to run against me, he could file. And that’s what he decided to do. I’m not worried about it at all because I know that he is not a candidate until he files.”
Tackett told WHYY News he does not know the status of the investigation. “I don’t have a clue,” he said, adding that he is prepared to cooperate fully.