Wilmington, DE – In his weekly message, Governor Markell celebrates the launch of Delaware’s Open Data Portal, an interactive website that provides new access to public information that impacts the lives of Delawareans and their families. The site reflects his administration’s commitment to creating higher levels of openness and transparency in state government and empowers members of the public, researchers, and others to use this information to recommend solutions to the challenges we face and create new applications that will benefit our communities.

“To be effective, government must be transparent,” Governor Markell said. “Government can’t expect, and shouldn’t try to anticipate, all of the uses of open data. Instead, we are shifting our focus – instead of trying to anticipate the demand from the public and businesses, we are committing to make as much data as possible available to the public. And we actively encourage the private sector to work with the data we’re posting to help us solve challenge issues. In addition, I’m proud that we’re relaunching a revamped state checkbook, which is searchable, sortable, and interactive. By providing more information through interactive formats we’ll improve public trust in our government and engage new stakeholders to meet our challenges through better public policy. Please visit data.delaware.gov to check it out. And together, we will keep Delaware moving forward.”

Every week, the Governor’s office releases a new Weekly Message in video, audio, and transcript form. The message is available on:

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Transcript of the Governor’s Weekly Message: Providing New Access to Information that Impacts the Lives of Delaware Families

New interactive website reflects administration’s commitment to transparency, streamlines access to public information

Wilmington, DE – Joined by technology entrepreneurs, open data advocates, members of his cabinet, and others, Governor Markell visited Wilmington co-working space 1313 Innovation Wednesday evening for the unveiling of a new statewide open data portal that streamlines access to public information and enhances government transparency. The Open Data Portal (data.delaware.gov) is a centralized website that connects the public with non-identifiable public data across state agencies and provides interactive features that allow users to browse and sort information and engage with data through maps, charts, and graphs to visualize it in new and innovative ways. The site also features an enhanced online State Checkbook (checkbook.delaware.gov) which provides financial data on state spending and revenue in a format that is easy to access, interact with, and understand.

“The Open Data Portal reflects our commitment to creating higher levels of openness and transparency in state government,” said Governor Markell. “It provides new access to public information that impacts the lives of Delawareans and their families and we hope that this interactive resource will not only deepen civic engagement, but also empower members of the public, researchers, and others to use this information to recommend solutions to the challenges we face and create new applications that will benefit the government and our communities.”

The Open Data Portal was established through Executive Order 57, signed by Governor Markell earlier this year. That Order also created the Open Data Council, whose members from ten state agencies and offices are charged with making data available to the public, establishing a statewide data strategy, and recommending standards and policies governing the posting of pubic data and data sharing among state agencies. The Council worked to identify the initial datasets that were included in the Open Data Portal and will continue to prioritize datasets for future publication.

“The launch of the Delaware Open Data Portal represents a major milestone in the State’s journey to leverage data as a strategic asset. The ability to have public data readily available for consumption by citizens, businesses and innovative technology developers will ultimately make Delaware an even better place to live, work, and play”, said Delaware Chief Information Officer James Collins.

The Delaware Open Data Portal contains more than 30 datasets and over 35 maps, including:
• Health data on restaurant inspections;
• Vital statistics for state births and deaths, Medicaid enrollment information, and even popular baby names;
• Data on student preparation and performance and library usage;
• Geo-coded maps featuring parks, natural areas, and traffic counts. Datasets with locations are able to be mapped in the portal, such as licensed child care providers and schools;
• Information about state contract data, bids and proposals received, and supplier diversity figures; and
• Delaware’s Newly Revamped Checkbook, a record of spending information, credit card transactions and revenue figures

Members of the public are invited to recommend additional datasets for inclusion in the Open Data Portal by visiting data.delaware.gov/nominate.

The Open Data Portal builds on the Markell Administration’s work to improve openness and transparency across state government, beginning in 2009 with the launch of the online state checkbook, which provided unprecedented access to state spending. It includes Executive Order 31, signed in 2011, which established uniform Freedom of Information Act (FOIA) policies across executive branch agencies to reduce the time and expense of making a FOIA request and to ensure that agencies collaborate to produce public records, and legislation signed into law in 2014 that expanded and strengthened Delaware’s FOIA law. In addition, the Governor signed a package of legislation in 2012 that expanded disclosure of campaign donations and improved lobbying laws. Details on the Administration’s efforts to build a more transparent, efficient, and accountable government are available here.

“Open Data Delaware is thrilled to see the state launch the new Open Data Portal. We are building a civic tech community of technologists, developers, designers, entrepreneurs, and community advocates all looking to help diagnose and solve community issues using open data”, said Ryan Harrington of Open Data Delaware.

“The Technology Forum of Delaware supports, promotes, and connects technology businesses and entrepreneurs. We are excited about the potential that open data brings for businesses and entrepreneurs,” said George Rotsch, board member of the Technology Forum of Delaware.

“Zip Code Wilmington and our students are looking forward to the opportunities presented by the new Open Data portal. We plan to use open data in class projects, allowing students to explore areas of interest while analyzing actual data and applying it to real world problems that impact our community.” said David Ginzberg of Zip Code Wilmington.

Kjell Hegstad, a Wilmington-based entrepreneur and his team, recently won a Code for Philly competition in Philadelphia for a technology platform named Dealspace. “Dealspace is for property investors who are searching for properties of interest in their local community. With $2 million in transactions already using open data, blockchain smart contracts, and crowdfunding, we look forward to finalize our funding round and start using more Delaware-based data in Dealspace, and other projects,” said Hegstad.

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.

Wilmington – Delaware Attorney General Beau Biden announced today that his office has launched a new interactive Web portal to increase Delawareans’ access to information about the State’s open government laws.

The site, at http://opinions.attorneygeneral.delaware.gov, contains Opinions issued by the Attorney General’s Office since 1995 in response to complaints that state and local governmental bodies may have violated Delaware’s Freedom of Information Act (FOIA).  While these Opinions were previously posted to the Attorney General’s website, they were not posted in a searchable format.  The new user-friendly portal may be searched by date, statutory reference, or keywords.

Biden’s office regularly receives inquiries about past FOIA Opinions from the news media, advocates, and other members of the public.

“We are committed to ensuring that Delawareans have access to the information they are guaranteed under the law,” said Biden, whose office enforces FOIA.  “Our new Web site allows members of the news media and the general public to search FOIA Opinions and find answers to their Freedom of Information Act questions quickly and easily.”

The new FOIA Opinions portal is the latest effort by Biden and his office to support transparency, access to public information, and open government.  In 2011, Biden successfully sued the Camden-Wyoming Sewer and Water Authority to force it to comply with the Freedom of Information Act after it denied citizens’ attempts to obtain public information about its operations.  In addition, in 2010, Biden championed legislation 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.

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Superior Court Sides With Attorney General’s Office In Freedom of Information Suit
Suit was filed on behalf of citizen seeking salary information from water and sewer authority

Dover – Attorney General Beau Biden announced today that a Superior Court judge has granted his office’s demands that the Camden-Wyoming Sewer and Water Authority release records under the state’s Freedom of Information Act. The ruling, from Judge Robert Young, compels the authority to turn over its employee salary, overtime and benefits information.

Judge Young ruled that the Superior Court had jurisdiction to hear such a FOIA case; that the General Assembly had the power to declare the Authority to be a “public body” for FOIA purposes; that Delaware law “strongly supports” the disclosure of salary information; that CWSWA had a statutory duty to maintain and disclose financial records; and that Biden had the legal right to bring suit on behalf of a citizen denied access to financial records.

The Court rejected the CWSWA argument that Ms. Williams was barred from seeking the records, due to holding office as Treasurer for the Town of Wyoming:  “Ms. Williams does not lose her rights as a citizen by virtue of holding a public office…..”  Judge Young emphasized that the motive or purpose of a person in seeking records is irrelevant under FOIA.

Biden’s office filed the suit last year in Kent County Superior Court on behalf of local resident Georgette Williams, whose request for public records was denied by the authority. It is the first time that the Attorney General’s Office has filed suit on a behalf of a citizen in a FOIA dispute.

“The law clearly gives Delawareans access to public information about their government,” Biden said. “The Sewer and Water Authority is a public body and the salary information sought by this citizen must be released. We filed the suit to ensure that the law is followed and the records are provided, and we thank the Court for the ruling.”

Under Delaware’s open records law, the Attorney General can file suit on a citizen’s behalf in his/her FOIA dispute with a public body, if that body ignores a determination by the Attorney General’s office that information a citizen requests is public and should be released, which is what the Authority did in the case of Ms. Williams’ request.

In the spring of 2011, after the authority denied Mrs. Williams’ initial FOIA request, the General Assembly passed legislation (Senate Bill 36), sponsored by Sen. Brian Bushweller and Rep. Donald Blakey, which clarified that the Authority is a public body and is subject to Delaware’s FOIA law. The bill was signed into law April 19, 2011. The legislation was necessary because the Attorney General’s Office had previously ruled the FOIA statute did not extend to the Authority, which is the only such entity in Delaware.

After the legislation was enacted, Mrs. Williams filed a new FOIA request with the Authority for various records, including salary and benefit information of Authority employees. The Authority again denied the request, disputing its status as a public body under the law. Mrs. Williams then appealed the Authority’s ruling to Biden’s office, which ruled in July of 2011 that Delaware’s FOIA statute applies to the Authority, and that it must release all of the requested information. Despite the legislative action and the ruling from Biden’s office, the Authority continued to refuse to produce the requested records without a court order, which is why Mrs. Williams asked Biden to file the suit on her behalf.  The suit was filed against the Authority in August of 2011.

The Camden-Wyoming Sewer and Water Authority is the only water-and-sewer authority in Delaware. It was created in 1962 by acts of the respective Camden and Wyoming town councils.

A copy of the ruling is attached to this email.

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