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

Delaware Met, The Commitment To Stay One Year, & Good Cause To Pull Your Child Out

As parents have been trying to pull their children out of Delaware Met, some are being told they cannot because they signed an agreement to stay with the school for one year.  What they may not be telling the parents are certain circumstances that override this part of the charter school law.

From Title 14 of the Delaware Code, paragraph 402:

 (2) ”Good cause” shall mean a change in a child’s residence due to a change in family residence, a change in the state in which the family residence is located, a change in a child’s parent’s marital status, a change caused by a guardianship proceeding, placement of a child in foster care, adoption, participation by a child in a foreign exchange program, a reported and recorded instance of “bullying” against their child as defined in § 4112D of this title, or participation by a child in a substance abuse or mental health treatment program, or a set of circumstances consistent with this definition of “good cause.”

I would definitely say with what I am hearing about this school, there would be multiple circumstances that would allow a parent to utilize the “good cause” part of this law.  If any parent feels the school is violating the civil rights of their child, whether it is through discipline or special education treatment, please contact Allison Reardon at the Delaware Department of Justice.  She is in the Office of Civil Rights and Public Trust.  Her phone number is 302-577-5400.  The Attorney General’s office can not do anything if information is conveyed to them from a 3rd party.  They need to hear directly from parents or guardians, or even students.  If the school is pressuring parents to keep their children there, they may not be within the legal bounds to do so.

In the meantime, I want to thank the Delaware DOE and the Delaware DOJ for taking these concerns seriously.  Nothing is more paramount than the safety of our children.