Delaware transparency headlines

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This article is a list of transparency related news from Delaware.

State sunshine
State laws
How to ask for records
Transparency headlines
Statutory changes
Notable FOIA requests
State Open Meeting Laws
State sunshine lawsuits
State court cases
E-mail access
Private agency, public dollars
The WikiFOIA portal


NCCo Council shuts door on open government measure
April 29, 2009: "A proposal by one New Castle County Council member to post audio recordings of council meetings on the county Web site was voted down Tuesday, April 28.

Councilman David Tackett (D-Christiana), who sponsored the legislation, said he wanted to make the recordings available on the council's Web page in the spirit of being "open, accessible and accountable" to constituents.

Opponents, however, said having the recordings readily available could allow critics and political rivals to target them by taking their comments out of context." Read the full article here.

State House passes FOIA bill
March 20, 2009: "The state House has unanimously passed a measure aimed at opening General Assembly proceedings to the public.

House Bill 1 would subject meetings, including those of the Joint Finance, Bond Bill and Sunset committees, to the provisions of the state's Freedom of Information Act." Read the full article here.

Accessing records in Del. a snap – or a chore
March 16, 2009: "When it comes to Delaware's public records on the Internet, citizens' access can be a mouse click away -- or available only through a pricey subscription.

It depends on where you look.

Want to know about a chemical spill in a local stream? The Department of Natural Resources and Environmental Control updates its Web site daily to show records of pollution releases, code violations and civil and criminal enforcement actions." Read the full article here.

House leaders want to amend FOIA already?
February 8, 2009: "The concept of an open government – common elsewhere in the country – is apparently so foreign to Delaware lawmakers that they want to amend a proposed open-government bill to close public access to legislative correspondence. And this doesn’t come from one of the crusty legislators who’ve never operated in the open. It’s coming from the relatively new-to-Legislature Pete Schwartzkopf, the Democratic House majority leader who’s generally considered among the more progressive-minded politicians in Dover." Read the full editorial here.

Legislators may shield their e-mail
February 6, 2009: "Even as the House mulls a bill intended to make more of the General Assembly's work public, an amendment is being shopped around that would have the opposite effect.

The draft amendment to House Bill 1, which itself would subject the General Assembly to the Freedom of Information Act, would close off access to some information that now is considered public.

The Legislature currently is exempt from the state's open-meeting law, and legislators' e-mails have long been assumed to be covered by that exemption. However, a legal opinion circulating in Legislative Hall concludes that legislators' e-mails to state agencies covered by FOIA are open to public scrutiny." Read the full article here.

Citizen asks county to open email files
February 4, 2009: "Dan Kramer of Greenwood, who caused a stir when he questioned Sussex County Council’s amended public participation policy, now wants county officials to open their email files and cell-phone records.

In a letter dated Jan. 23 to Council President Vance Phillips, R-Laurel, Kramer seeks emails and text messages from current and former county council members, as well as county administrative staff, dating back to Aug. 15, 2008, under the Freedom of Information Act (FOIA)." Read the full article here.

Bill to open up Assembly advances
January 22, 2009: "Amid prospects for a lively floor debate, the House Administration Committee released a bill Wednesday that would all but end the Delaware General Assembly's exemption from the state's Freedom of Information law.

The lead sponsor of the proposal, House Speaker Robert F. Gilligan, D-Sherwood Park, said he would entertain amendments on the House floor -- provided they were not intended to weaken the bill. He also vowed that, if need be, he would use a heavy hand to make sure the bill is debated fully and brought to a vote." Read the full article here.

House Speaker introduces freedom of information bill
January 10, 2009: "Delaware House members have wasted little time in filing legislation aimed at making the General Assembly more open. This comes as public pressure has intensified on legislators who have exempted themselves from FOI laws.

House Bill 1, sponsored by House Speaker-elect Rep. Robert F. Gilligan, D-Sherwood Park, would place the General Assembly under the state’s Freedom of Information Act as a public body, subjecting the legislature to the state’s open meeting laws." Read the full article here.

Del. ranks low in transparency
October 28, 2008: "Delaware found itself near the bottom of a state-by-state ranking of open government, transparency and ethics regulations released Monday.

The Better Government Association, a nonpartisan government watchdog group, ranked Delaware 43rd on an index that measured factors including freedom of information legislation, whistleblower protection, campaign finance, open-meetings statutes and conflict-of-interest regulations. The organization last ranked states in 2002; Delaware was 38th on the list then." Read the full article here.

DCIU adjusting to right-to-know rules
October 2, 2008: "Changes in the state's right-to-know laws will impact all public entities, including Delaware County Intermediate Unit. The DCIU board approved the first reading of a revised policy on public records to reflect those changes.

DCIU Solicitor Michael Puppio outlined the fundamental change. Puppio said the prior standard put the burden of proof of need on the party requesting a document.

The new law essentially requires access to information by schools, municipalities and other public entities on request." Read the full article here.