Public bodies: heed AG’s warning

Delaware’s Attorney General’s Office recently fired a volley of cannonballs across the bow of Dewey Beach’s ship of state. Finding that the town violated requirements of the state’s Freedom of Information Act laws at least 28 times in the past two years - by not properly notifying the public about the nature of sessions closed to the public - the AG’s Office stated firmly that the town needs to change course.

Every town in Sussex County, every school board and every other public entity whose activities fall under the provisions of the Freedom of Information Act should take a careful look at the AG’s findings. We would bet without hesitation that many of the public entities we regularly cover, if formally challenged the way Dewey Beach has been challenged, would also be found guilty of Freedom of Information Act violations, according to the standard the AG’s Office is using. In a meeting last week, Attorney General Beau Biden said his office doesn’t routinely inspect the proceedings of public entities like towns and cities to make sure they are complying with Freedom of Information Act requirements.  “We address complaints when we get them,” said Biden. “In reviewing the way Dewey Beach goes about its public business, it was clear to us that they weren’t complying with some of the very basic requirements of Title 29 Chapter 100 [the Freedom of Information Act provisions in Delaware].  What we’re most concerned about is transparency and openness in government.”

Clearly, the government of Dewey Beach, in its divided community, should expect any and every misstep, no matter how small, to be challenged. In fact, the AG’s Office is investigating other complaints.

However, the message from this should be clear to all public entities in Delaware: closed sessions are not in keeping with transparent and open government. Public bodies thinking it necessary to go into closed session to discuss public business related to personnel or litigation better review notification requirements for such sessions and be very specific about their nature so they too don’t find themselves on the wrong end of an Attorney General’s Office opinion.