So if I want to take this matter further, I have to file with the Superior Court. How much would that cost? According to the Superior Court website, it wouldn’t be cheap!
- $10.00 Court Security Assessment Fee
- $190.00 for the first 40 filings of an action
- $150.00 for request for a trial date which is non-refundable
- Fees do not include advertising costs which shall be billed directly to the filing party.
So right off the bat, filing an appeal against a FOIA response from Matt Denn’s office would cost me $350.00 which I would not get back no matter how the Superior Court ruled. I could do this without an attorney and most likely get chewed alive by the DOJ’s attorney. So I would probably have to get my attorney. That would cost well over $1,000.00. And that number would climb once it went to trial.
The transparency racket in Delaware is almost criminal. In essence, it is a money-maker for the state in many situations. I don’t have that kind of money. Most Delawareans don’t. Which is exactly what they count on. When you file a FOIA complaint against a state agency asking for emails, the state agency knows they can say they don’t have the emails. At that point, the state agency responds they don’t have them but the requesting party can file a $250.00 fee with the Department of Technology and Information to do a search for those emails. Most people don’t have $250.00 they can just fork over like that. And then the fees associated with reviewing the information. Depending on what the party is looking for, this can climb into the four figure amount quickly.
Here is the bottom line: people don’t file FOIA requests if they think everything is hunky-dory. They believe something illegal happened or is about to happen. While FOIA responses from the DOJ don’t always rule there was a FOIA violation in a complaint, at times their reasoning is subjective. The DOJ is not going to sue another state agency. So if a citizen wants to take that extra step, they have to pay. Even if the DOJ’s office gets information wrong, they appear to be above the law unless you take them to court.
It is the Department of Justice, not the Department of Covering Other State Agencies Asses. But transparency is a fickle beast depending on who you want it from. I guess us taxpaying citizens are not meant to know the truth about matters in Delaware. It is bad enough Governor Markell can evade transparency by including a member of the General Assembly on an email (no member of the General Assembly is subject to FOIA), but it appears FOIA in and of itself is not freedom of information. It should be called DOIA, the Denial of Information Act.
Last year, Delaware State Rep. Sean Lynn sponsored legislation which would have lifted the FOIA ban on the General Assembly. It went nowhere. Far too many of our legislators hide behind that privilege and are able to operate with no transparency. And our state leaders take full advantage of this when possible. The way Delaware code is set up it makes it impossible for a citizen to find out matters in the public interest. When a citizen files a FOIA complaint with the DOJ, that office makes it impossible for a citizen to appeal that decision unless they pay money to the state. Even if that citizen produces contradictory information which could easily give the matter further merit.
Until our legislators stop playing games with the truth, nothing will change with FOIA in Delaware. We are just the pawns too many of them suck up to when they need our vote. Once again, I say this with the caveat that there are some legislators who are good people. But it rests with the leadership of the House and Senate as well as the committee Chairs. If you have nothing to hide, there shouldn’t be a problem with making FOIA easier. But it is more clear that fraud and cover-up exists at the highest levels of Delaware. And when an education-sucking vampire like the Rodel Foundation gets thrown into the mix, all bets are off.
This is the email I sent to Delaware Attorney General Matt Denn when I submitted a request for appeal on the FOIA response from October 28th:
From: Kevin Ohlandt <email@example.com>
To: Denn Matthew (DOJ) <firstname.lastname@example.org>
Cc: Siegel Kim (DOJ) <email@example.com>; Gibbs Danielle (DOJ) <firstname.lastname@example.org>; OpenGovernment <email@example.com>
Sent: Friday, October 28, 2016 4:47 PM
Subject: This FOIA Complaint legal opinion issued today is just wrong.
Delaware Attorney General Matt Denn,
I am openly and publicly asking you to respond to this opinion issued from your office today acknowledging ALL the facts I presented in this article as well as the questions posed at the end of the article: