Dover, DE – Gov. Jack Markell today signed into law a package of House bills that expand and strengthen Delaware’s Freedom of Information Act. The bills were introduced in early May and passed both chambers of the General Assembly with unanimous votes.

The new laws cover posting of meeting minutes, mailed FOIA requests, publishing of annual reports and education of FOIA coordinators.

The package represents a continuing effort to broaden government transparency and allow citizens to stay up-to-date with their state and local public agencies and more easily access public records and documents.

“In 2009, we brought the General Assembly under the FOIA umbrella, and since then we’ve routinely drafted and passed bills that expand FOIA in various ways,” said Majority Leader Valerie Longhurst, D-Bear. “This effort is ongoing and there’s always more we can do to promote the public’s right to know.”

“A transparent and open government is vital to ensure people have access to the information they deserve to fully participate in our democracy,” said Governor Markell. “We’ve made great progress in the last few years to that end, enacting in 2011 the biggest changes to the FOIA law since it took effect in 1977. This legislation supports our ongoing efforts to make state government more transparent, efficient and responsive to our citizens.”

The package signed into law today consisted of four House bills:

• House Bill 320, sponsored by Rep. Kim Williams, requires public bodies that      meet four or fewer times per year to post draft meeting minutes online within 20 working days of the end of the meeting. Currently, a group that only holds annual meetings is not required to post meeting minutes until they have been approved, which would happen a full year later.

“The idea that in 2014 meeting minutes for a public body might not be available for three, six or even 12 months is just senseless to me,” said Rep. Williams, D-Marshallton. “By posting draft minutes, we are striking a balance between keeping the public informed and giving the group time to write and review accurate minutes to be shared.”

• House Bill 321, sponsored by Rep. John Atkins, adds an educational component to Delaware’s FOIA law, requiring the Attorney General’s office to publish a manual with updated legal rulings on FOIA appeals, and hold an annual training seminar for FOIA coordinators. Senate Bill 231 in the 146th General Assembly required that every public body designate a FOIA coordinator to receive and process FOIA requests.

“I’ve heard from towns in my district and throughout Sussex County that they need guidance with FOIA,” said Rep. Atkins, D-Millsboro. “All they want to do is get it right and be consistent. Having a manual with all the information in hand will answer their questions up front and help them follow the law.”

• House Bill 322, sponsored by Rep. Quinn Johnson, D-Middletown, corrects an error from a previous FOIA bill. Passed in 2012, Senate Bill 231 removed U.S. Mail as an acceptable way to file a FOIA request. As a result, people submitting FOIA requests via mail could and have had their requests denied.

“Even in the Information Age, some people still rely on old-fashioned mail to communicate,” Rep. Johnson said. “This was a simple oversight when the previous bill was drafted, and we are correcting that by making clear that state agencies and public bodies need to accept FOIA requests sent by U.S. mail.”

• House Bill 323, sponsored by Rep. Ed. Osienski, requires that annual or      biennial reports published by various Executive Branch public bodies be      posted online on one central website. The bill also states that public bodies meet their duties to provide copies of reports to state government officials by posting the reports online and informing them of where and when it is available, thus cutting down on the cost of printing dozens of copies of reports.

“In some cases, Delaware does a great job providing information to the public, but can and should do more to make it easier for people to find that information,” said Rep. Osienski, D-Newark. “By putting all annual reports on one central website, it becomes one-stop shopping for the press and public instead of having to hunt around or call state agencies or groups.”

Dover – Delaware Attorney General Beau Biden announced today that his office has launched a “Freedom of Information Act Roadshow” to give presentations on Delaware’s open government laws.

The Roadshow presentations will be conducted by a Deputy Attorney General who has expertise in the Freedom of Information Act. The presentations will help educate members of the public, government officials and government employees about their rights and responsibilities under Delaware’s open government laws. Sessions will cover a wide range of FOIA topics and include a question-and-answer session.

“Upholding Delaware’s open government laws is one of the Attorney General’s Office’s most important duties,” Biden said. “We have worked over the past several years to give Delawareans more information about FOIA and to make it easier for members of the public to obtain the information the law says they should have. These FOIA Roadshow presentations will help elected officials, government employees and the public better understand their rights and responsibilities.”

Biden’s office will conduct the Roadshow presentations for county and municipal governments, other public bodies and interested organizations. If you are interested in having a FOIA Roadshow presentation for a governmental body that you serve on or a presentation for a group of which you are a member, send an email to OpenGovernment@delaware.gov. Biden’s office will give a Roadshow presentation on Feb. 12 for members of the Georgetown Town Government staff, and future presentations will be schedule soon throughout the state. Upcoming Roadshow presentations will be listed on the Attorney General’s web site.

The FOIA Roadshow initiative is the latest effort by Biden to promote knowledge of Delaware’s Freedom of Information Act and promote open government. Previous efforts include:

• Launching, in January of this year, a new interactive Web portal to increase Delawareans’ access to information about the State’s open government laws. The site, opinions.attorneygeneral.delaware.gov, contains Opinions issued by the Attorney General’s Office since 1995.
• Successfully suing the Camden-Wyoming Sewer and Water Authority in 2011 to force it to comply with the Freedom of Information Act after it denied citizens’ attempts to obtain public information about its operations.
• Championing legislation in 2010 that permits citizens to petition the Attorney General’s Office to address FOIA-related complaints against State agencies.  Under prior law, citizens with open government complaints against State agencies were required to appeal to the Courts at their own expense.

Governor Also Signs SB 87 Establishing Standard FOIA Form

New policies will significantly reduce costs to many parties requesting information under FOIA

Photos available for media use on flickr courtesy of Patrick Jackson, Delaware State Senate.

Governor Jack Markell today signed Executive Order No. 31, which requires executive branch agencies to adopt a standardized policy for requests under the state’s Freedom of Information Act (FOIA).  Executive Order No. 31 brings greater consistency to agency FOIA policies, makes it easier to file a FOIA request and in many cases, makes it less expensive for citizens to request and receive public records.    The cost of a state agency FOIA request will be lowered, in many cases, between 60-and-80-percent.

The Governor also signed Senate Bill 87, which establishes a standard form for FOIA requests.  SB 87 was sponsored by Sen. Karen E. Peterson (D-Stanton) and Rep. E. Bradford Bennett (D-Dover), and is intended to reduce confusion and simplify the process for making requests to state government, local governments, school districts and other public bodies.  The form was prepared by the Attorney General’s Office in accordance with SB 87 and will be available on the web pages of all executive branch agencies.  You can find the form here.

“Delaware’s Freedom of Information Act helps ensure transparency and accountability in government, which is the people’s business,” said Governor Markell.  “This Executive Order makes it easier for citizens to make FOIA requests, requires executive branch agencies to be more consistent in how they respond to these requests, and in many cases, substantially reduces the cost of FOIAs.  This Order and Senate Bill 87 are an important part of our efforts to make state government more open, efficient and responsive to the needs of Delaware citizens.”

“Helping to ensure that citizens have access to information they can use to protect themselves and improve their communities one of many ways we serve Delawareans,” Attorney General Beau Biden said.  “Delaware’s government sunshine laws guarantee citizens have the right to information that  is essential when it comes to protecting our families, guarding our finances and making our communities stronger.”

“Senate Bill 87 is going to make it easier and simpler for the public to make FOIA requests,” said Senator Karen Peterson.  “A standard form will help reduce confusion, and I applaud the Attorney General for crafting a form that is simple and easy to use.  The Governor’s executive order is going to help too, by making sure executive branch agencies follow a set of uniform policies.  We have made substantial progress on open government in the last few years, and we’re continuing that today.”

The Governor’s Executive Order requires state agencies to adopt standardized FOIA policies from a template prepared with input from executive branch agencies and the Office of the Attorney General.  Currently, not all state agencies have adopted FOIA policies and for those that have had policies, there has been little consistency or coordination among agencies.  Agencies will also be required to develop a web portal to accept FOIA requests over the internet.  The website for making requests of executive branch agencies will be located at http://de.gov/foiarequest.

Executive Order No. 31 will:

• Reduce copying costs.  Under existing FOIA policies, state agencies may charge copying fees ranging from $0.10 to $0.50 per page for standard black-and-white copies.  Under the new policy, fees for such copies will be $0.10 per page, with the first 20 pages free.  Thus, requesting parties from many agencies may save up to 60-80% over what they would have paid under existing agency policies.
• Adopt a “No Wrong Door” policy.  If a Requesting Party initiates a FOIA request that would more appropriately be directed to another agency, the agency must promptly forward the request to the FOIA coordinator at the appropriate agency.
• Make it easier to request public records.  The policy allows individuals to initiate FOIA requests in person; by mail, fax, or email; or via the form required by SB 87.  Existing agency policies permit individuals to initiate requests in some of the above ways, but not all.
• Provide a point of contact in each executive branch agency.  Each executive branch agency must designate a “FOIA Coordinator” to serve as the point of contact for FOIA requests, and to coordinate the agency’s responses.  The FOIA Coordinator, who must be identified on the Agency’s website, is required to make every reasonable effort to assist parties requesting public records under FOIA.   Click here for list of FOIA Coordinators.

Executive branch agencies must develop a portal for receiving FOIA requests through the internet, if they don’t already have one, by December 1, 2011 and adopt new FOIA policies no later than February 1, 2012.