Delaware Freedom of Information Act
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"In the four decades since the Freedom of Information Act was passed . . . it has become one of our greatest democratic reforms, allowing citizens to hold the government accountable by scrutinizing public documents and records. It's our national sunshine law."
Corpus Christi Caller-Times Editorial
John Flaherty: A Staunch Champion of Open Government
DelCOG President the "Ultimate Public Advocate"
John Flaherty, president of the Delaware Coalition for Open Government, believes that government of the people, by the people and for the people also should be open to the people.
Click on the link below to read "Flaherty battles state secrecy," one of the Sunshine Week articles in the March 13, 2011, edition of The News Journal. Part of a series entitled "50 Who Matter: Delaware's Unsung Heroes," the article gives focus to John's efforts to fight for open government -- a cornerstone of democracy -- on behalf of the citizens of the First State every day.
How he does it
"The key," he says in the accopmanying video at delawareonline.com, is to "be persistent . . . [and] to make coalitions with other groups, other individuals, to try to find some common effort to open up the labors of government. . . . You need to work hard to get the attention on your issue because there are so many worthwhile issues in Dover . . . . And you have to be willing to take a strong stand on issues and not worry . . . about making friends. [Just] look at the issues and not at the personalities. And you've just got to move forward."
Click to read "Flaherty battles state secrecy" and watch a 3-minute video.
Serving as a public advocate
John was a member of the staff of U.S. Senator Joe Biden (D-Del.) for nearly 17 years when he left in 1995 to focus his time and efforts on open government matters. "There's something to be said about being your own boss, . . ." he says, "[allowing you] to be passionate about issues and to fight for things that you beieve in when you're in charge rather than when working for somebody else." His many successes include helping to ensure passage of the bill signed into law in 2009 to make the Delaware Freedom of Information Act, in force since 1977, apply at last to the Delaware General Assembly as well as to state agencies (see article below: "Amendment to Delaware FOIA Signed into Law: Public Records, Meetings of General Assembly To Be Open").
Formerly a lobbyist for Common Cause, Delaware, and now a public interest lobbyist, John is well known by citizens and legislators alike for his encyclopedic knowledge of public policy, legislative matters and the Delaware Code. His watchful eye as well as his patience and persistence in seeking to "lift the veil of secrecy" in affairs of state govermment in Delaware have enabled the sun to shine more brightly in arenas such as the environment, transportation, civil rights and Family Court.
Contact John Flaherty at 302 319-1213 or JDF0000@aol.com.
Bennett FOIA Bill Passes House Unanimously
HB 5 sets 15-day deadline for governments to respond to requests
Legislation setting a deadline for government entities and other public bodies in Delaware to respond to a Freedom of Information request within 15 days unanimously passed the House on Tuesday, January 25, 2011.
Delaware state law had not included any time limit for public bodies to respond to or fulfill FOIA requests, leading Rep. Brad Bennett (D-Dover South) to say that a request could "sit for months without a response." Because he believes "public information should be readily accessible to any citizen, and any person who makes a FOIA request for public records deserves a prompt response," he sponsored House Bill 5. "This bill," he says, "further improves the FOIA legislation passed last session. It makes us a more transparent and open state. By adding these provisions, we will go from being one of the least transparent states to one of the more transparent."
Under House Bill 5, any FOIA request for a public record must be granted within 15 business days from the receipt of the request. However, the public entity can extend that deadline if the request is for "voluminous records, if it requires legal advice" or if the record is in storage. In those situations, the agency or entity must inform the person making the request of the need for additional time within 15 business days.
After hearing some concerns raised about similar legislation that passed the House last session, Rep. Bennett said he addressed those concerns by extending the deadline for receipt of a request from the 10 business days specified in the previous measure to 15 days in HB 5.
The bill now moves to the Senate for consideration.
Don’t let Sunshine Week go by without contacting your state senator, thus joining your voice with those of your fellow citizens who belong to open government groups such as the Delaware Coalition for Open Government (DelCOG); Delaware Press Association, the League of Women Voters (LWV); and Common Cause, Delaware to urge that they vote to pass this bill when it reaches the Senate.
If you’re not sure who to contact, first click here to find your senatorial district (must be registered to vote). Then click here to get contact information for your state senator.
Amendment to Delaware FOIA Signed into Law
Public Records, Meetings of General Assembly To Be Open
The sun shone brighter in Delaware on June 12, 2009, when Governor Jack Markell signed House Bill 1 into law. HB1 called for amending the Delaware Freedom of Information Act to allow public access to meetings (except for caucuses) and records of the Delaware General Assembly. The bill was passed by the House (20 - 0 / 1 absent) on March 19 and by the Senate (40 - 0 / 1 absent) on June 2. The exceptions that currently apply to public bodies and public records will apply to the meetings and records of the House and Senate.
Sponsored by Speaker of the House Robert Gilligan and by Senator Karen Peterson, HB1 was the last of several attempts to apply the Delaware FOIA to the state legislature. Senator Peterson, whose stated legislative priority has been to end closed-door meetings, sponsored similar bills in the last few years only to have them stopped in their tracks by repeated use of the "desk-drawer veto." When legislators and members of the public gathered in the Old Court House in New Castle on June 12 to witness the Governor sign the bill into law, Sen. Peterson received a standing ovation, and Rep. Gilligan stated that passage of the bill never would have been possible without her efforts.
Delaware Coalition for Open Government - DELCOG
Keeping government accessible . . . and accountable
The Delaware Coalition for Open Government, an affiliate of the National Freedom of Information Coalition (NFOIC), is an alliance of journalists, lawyers, business owners, news organizations, elected officials, government employees, civic associations and individuals dedicated to the free flow of public information, which strengthens and energizes a democracy and keeps the process of government truthful and vigorous.
We believe that government of the people, by the people and for the people should be open TO the people.
The Delaware Coalition for Open Government
- works to promote and defend the people's right to know about the operation of our state and local governments in order to guarantee and uphold the honesty and vitality of those governments.
- seeks to inform and aid those experiencing difficulty gaining access to information from government entities and to meetings of public bodies.
- encourages stronger application and enforcement of Delaware's Freedom of Information Act in the General Assembly and in the courts.
In those instances when government actions restrict or deny access to information, those actions must serve a clear and convincing public purpose. And even in those cases, such actions should be the exception and must be limited.
