Delaware Freedom of Information Act
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The Delaware Freedom of Information Act is a series of laws designed to guarantee that the public has access to the public records of governmental bodies in Delaware. The law was first enacted in 1977.
The philosophy behind the law is stated as, "It is vital in a democratic society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials in formulating and executing public policy; and further, it is vital that citizens have easy access to public records in order that the society remain free and democratic."[1]
The Delaware Open Meetings Law legislates the methods by which public meetings are conducted.
Statues 10001 through 10005 define these transparency laws.
[edit] Recent News
[edit] Transparency blocking
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More transparency blocking news from across the country.
[edit] Litigation
More FOIA litigation news from across the country.
[edit] Legislation
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
- Kramer keeps watchful eye on county council comings and goings
- Democrat Jack Markell Calls for FOIA Expansion
Other Sunshine Guardians from across the country.
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Delaware #43 in the nation with an overall percentage of 42.30%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Delaware 31 points out of a possible 100, a letter grade of "F", and a ranking of 42 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Delaware's law as the 38th worst in the country, giving it a letter grade of "D".[3]
[edit] Features of the law
[edit] What records are covered?
Public records are defined as "information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes" [4] Exemptions to open records laws include:
- "Any personnel, medical or pupil file, the disclosure of which would constitute an invasion of personal privacy" [4]
- Trade secrets
- Current police investigations, adoption information, and child custody information
- Any criminal records deemed personal and private
- Criminal intelligence information that would pose a security risk
- "Any records specifically exempted from public disclosure by statute or common law"[4]
- Anonymous charitable contributions to the public
- Labor negotiations records
- The minutes of executive meetings where the the meeting has been closed by a vote of the public body because the subject of the meeting was either hiring discussions, disciplinary hearings, litigation strategy, criminal investigations or preliminary discussions of publicly funded projects.
- Records of registered concealed weapons permits
- Public Library records
- Department of Correction records when sought by an inmate in that department
- Autopsy photos and videos
- The emails of the Delaware General Assembly and their staff
- Any records that could result in a security risk to either individuals or infrastructure
- Military service discharge documents
[edit] What agencies are covered?
Public agencies include all bodies and divisions of the government including committees as well as aany organization receiving funding from the government or dispensing funding from the government. Agencies that are excluded include University of Delaware and Delaware State University with the exception of the boards of regents and budgets concerning the expenditure of public funds.
[edit] Who may request records?
Any citizen of Delaware may request public documents. "All public records shall be open to inspection and copying by any citizen of the State". [5]
[edit] Impact of Lee v. Minner
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings apply to Delaware, New Jersey, Virginia and Pennsylvania. As a result, the provision in the Delaware Freedom of Information Act that prohibits non-residents from access to records is likely to be considered invalid.
[edit] Must a purpose be stated?
The purpose of the records request cannot be requested or taken into account when accepting or denying records requests.
[edit] How can records be used?
The Delaware FOIA does not place limits on the use of public records.
[edit] Time allowed for response
- See also: Request response times by state.
The Delaware FOIA law does not specify a specific response time. However, it does require departments to schedule specific appointments to return records requests that cannot be accommodated immediately.
[edit] Fees for records
The Delaware permits "reasonable" fees to be charged for copies of public records but does not elaborate on what factors can be included in the fee.
[edit] Open meetings
The Open Meetings law declares that "Every meeting of all public bodies shall be open to the public" with some exceptions.[6]
[edit] Proposed changes
[edit] House Bill 1
Amending the Delaware Code Related to the Freedom of Information Act
Documents produced by the Delaware legislature are currently exempt under Delaware FOIA law. [7] House Bill 1 sponsored by House Speaker Robert F. Gilligan was introduced in the Delaware state legislature on January 6, 2009.[8] The bill proposes to end the exemption to all committee meetings and records generated by the General Assembly, excepting party caucuses.[7] According to Speaker Gilligan, "Without the openness represented by this bill, it will be all but impossible to persuade the public to buy into legislative actions needed to head off a budget deficit of up to $600 million expected for the year that begins July 1." [9]
An amendment to the bill was sponsored by House Majority Leader Pete Schwartzkopf (D-Rehoboth Beach).[10] The amendment seeks to exempt all e-mail "received and sent by members of the Delaware General Assembly or their staff", in effect closing off access to records that are currently subject to public disclosure.[10]
[edit] House Bill 90
Creating a Searchable Budget Database for State Spending
House Bill 90 [11] was introduced in the state legislature on March 24, 2009.[12] The bill, sponsored by Representative Greg Lavelle, states that "taxpayers should be able to easily access the details on how the State is spending their tax dollars and what performance results are achieved for those expenditures".[11] The bill seeks to create a searcheable budget database detailing all state expenditures, their purpose and results.[11] The bill is currently assigned to the House Administration Committee.[12]
[edit] Senate Bill 58
Amending the Delaware Code Related to the Freedom of Information Act
Senate Bill 58 [13] was introduced in the state legislature by Senator Karen Peterson on April 7, 2009.[14] The bill seeks to make various amendments to the Delaware Code relating to the Freedom of Information Act which would:
- Create consistency in the determination of whether a record is public by designating the public body that first created the document as responsible for determining if a record is subject to disclosure; [13]
- Clarify that the purpose for which a document is sought is irrelevant under the FOIA; [13]
- Increase the period of time the state's Attorney General has to investigate and determine whether there has been an FOIA violation; [13] and
- Permit the Attorney General to determine FOIA complaints made against state bodies and officers.[13]
The bill was referred to the Senate Executive Committee on April 7, 2009.[14]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Delaware. For more information go the page or go to Delaware sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
[edit] Notable requests
[edit] See also
[edit] External links
[edit] References
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