Fraud & Cover-Up Evade Transparency Through Attorney General Matt Denn’s Office

defoiadeclaration

A pungent stench is coming from Delaware Attorney General Matt Denn’s office when it comes to the Freedom of Information Act.  When the Delaware Attorney General’s office gets the facts wrong on a response to a FOIA complaint, the only way for a Delaware citizen to correct those errors is to file with the Superior Court.  Which costs money and fills the state coffers.  Can someone please remind me why I pay taxes for a state where our Governor feels “sunshine is the best disinfectant“?

The response I received two days ago from Matt Denn’s office stems from my FOIA complaint and the Delaware Dept. of Justice’s response to that FOIA which came out on October 28th.  The Delaware Pathways Steering Committee did not publish their first meeting anywhere and I filed a complaint.  Considering the DOJ is still working on a FOIA complaint I submitted last March, it seems there was a rush to put the matter concerning Governor Markell’s Executive Ordered Delaware Pathways Steering Committee to bed.

When I emailed Denn’s office to reevaluate the FOIA response the same day, I didn’t hear back from anyone.  On Tuesday I sent an email to Matt Denn asking for any type of response to my October 28th request.  On Wednesday, I received the below email from Kim Siegel, Denn’s FOIA Coordinator.  I did edit out part of the email which covered a separate matter I am working on with Denn’s office.

From: OpenGovernment (DOJ) <OpenGovernment@state.de.us>
To:
Kevin Ohlandt <kevino3670@yahoo.com>
Sent:
Wednesday, December 7, 2016 4:04 PM
Subject:
October 28, 2016 determination

Dear Mr. Ohlandt, 

Attorney General Denn has asked me to respond to the issues raised in your December 6, 2016 e-mail.  Your e-mail makes reference to an October 28, 2016 determination by the Chief Deputy Attorney General in response to a FOIA petition regarding the Pathways to Prosperity Steering Committee.  Under the Delaware Code, a petitioner who is dissatisfied with the outcome of a FOIA determination by the Chief Deputy Attorney General may “appeal the matter on the record to Superior Court.”  Therefore, if you wish to appeal the determination, that is the mechanism under Delaware law by which to do so.  

Sincerely,

Kim Siegel, MPA
Legislative Affairs Manager

FOIA Coordinator
Delaware Department of Justice

So if I am understanding this correctly, when a citizen alleges a public body has violated FOIA, which is the law, the public body can skirt around the law and give false information.  But when the citizen calls them out on it, through a request for appeal, suddenly the DOJ decides the law is important.  The mechanism for appeal is not fair at all to a citizen looking for transparency.

What is the point of a Freedom of Information Act request if the agency looking at it refuses to look at all the facts from both sides?  This is typically how it is done- a party files a complaint with the facts as they know them, the DOJ sends the complaint to the party that had the FOIA complaint filed against them, the defending party sends a response, the DOJ sends the defendant agency’s response to the accuser, and then the DOJ rules on the complaint.  I have had FOIA complaints in the past that dragged out because the DOJ wanted more information.  Apparently, that was not the case with this complaint.  The DOJ Chief Deputy Attorney General came out with this FOIA response in record time without any chance of obtaining more information on the matter.

governorsunshine
Advertisements

4 thoughts on “Fraud & Cover-Up Evade Transparency Through Attorney General Matt Denn’s Office

  1. Just FYI. I took a class on this topic and I asked the question of the attorney teaching the class why Delaware was able to apply the FOIA law beyond what the Federal Government allows. His response? Because no one has challenged it in court. So for those that might not understand, if members of the US Congress must produce emails – so should DE legislators. The states are not allowed to be more restrictive when it comes to federal law. Kevin – I say start a Go Fund Me account. Actually 2 – one for FOIA and the other to sue the Counties for reassessment. LOL!

    Like

    1. I shouldn’t have to start a Go Fund Me account and collect money from other taxpaying citizens to try to get to the truth from what should already be a fully transparent process. I’ve gone that route before and wasn’t able to come close to what I needed. I’m not a rich guy by any means.

      Liked by 1 person

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s