When it comes to open government, the State of Delaware is moving in the wrong direction.
The declaration of policy for Delaware’s Freedom of Information Act states: “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.”
Unfortunately, we do not believe requests for information are being assessed in a manner consistent with this policy.
Sixteen months ago, the Department of Justice began an investigation into a local nonprofit after a whistleblower came forward with claims of malfeasance. As of today, the DOJ has refused to release any information, while the organization continues to receive funding from the state.
Requests for information on crimes are routinely dismissed as under investigation. When cases involving a death are closed, records are sealed, citing personal privacy of the deceased. This creates an airtight seal around information of even the most egregious cases.
When there was a shooter on the loose in the Lewes area this fall, requests for information went unanswered. Only days later when a release was posted were residents notified that the individual had been taken off the streets.
Earlier this year, the Cape Gazette was denied a FOIA request for more detail about a seemingly innocuous archaeological dig in Lewes.
The law, as it is currently structured, provides state agencies and other publicly funded bodies infallible loopholes that are used to withhold information.
FOIA law gives the appearance of transparency and open government while in reality, information is easily kept under wraps using the broad-stroke guardrails as they are written into code.
In addition to clarifying the exclusionary verbiage in the law, the state should create a tribunal to process FOIA claims and adjudicate disputes on the release of information.
For those who would like to see more transparency and accountability in our government, these changes should be at the top of their 2024 wish list.
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Editorials are considered and written by Cape Gazette Editorial Board members, including Publisher Chris Rausch, Editor Jen Ellingsworth, News Editor Nick Roth and reporters Ron MacArthur and Chris Flood.
