My Email To Attorney General Matt Denn and Governor Carney Regarding Family Services Cabinet Council

I sent an email to Delaware Attorney General Matt Denn and Governor Carney a few seconds ago alleging the legal opinion in regards to my FOIA complaint about the Family Services Cabinet Council was false in nature.  Since the Council disburses funds, they fit the category of a public body.


Hello again,
While I would sincerely hope this very big omission was not intended, I found categorical proof the Family Services Cabinet Council IS a public body as defined within Delaware State Code.
From Title 14:

§ 1605A Prevention component.

The Family Services Cabinet Council (Council), with the Department of Education and the Department of Services for Children, Youth and Their Families acting as lead agencies, shall administer a program to offer prevention-related student support services (prevention services) to students to prevent them from becoming discipline problems and from failing academically in our schools. Within the limits of appropriations made for this purpose, the Council shall provide rules and regulations for the award of prevention grants and the conduct of prevention programs authorized under this section, subject to the following limitations:

(1) The Council shall issue prevention funding to local school districts proposing to establish an integrated plan to deliver prevention services including, but not limited to, academic tutoring and student mentoring programs to provide at-risk students with the extra help they may need to succeed academically and with positive adult role models; outreach programs to promote parental, family and community involvement in students’ academic studies and in reducing and resolving school discipline problems; school-linked support services to help students with family or health problems that may be adversely affecting their academic performance and their conduct at school; training to help students and school personnel resolve conflicts peacefully and non-disruptively; and assistance to help teachers better manage the behavior of students in their classrooms.

(2) Applications for funding pursuant to this section shall be made by school districts in accordance with procedures and standards established by the Council. Each applicant shall set forth an integrated plan to provide prevention services consistent with paragraph (1) of this section. To avoid duplication of effort, maximize the impact of limited resources, and increase the effect of efforts by state, local, community and private, nonprofit agencies through increased coordination and cooperation, the Council shall give preference to applications which:

a. Are submitted by 2 or more school districts working in concert, where appropriate;

b. Include private, nonprofit agencies and community organizations as partners in the application, and identify the roles those agencies and organizations are to play in delivering prevention services in the community;

c. Indicate how grants from the federal government and foundations will be used or sought to help deliver prevention services in the community; and

d. Identify the roles state and local agencies are to play in delivering prevention services in the community.

(3) The Council shall provide technical assistance to districts preparing applications and ongoing assistance to districts awarded funding pursuant to this section.

(4) The Council shall establish a timetable for the award of grants pursuant to this section which shall provide, at minimum, for a period of 1 month for joint planning between the Council and the applicants that the Counsel selects as finalists eligible for a funding award. During such joint planning, the Council and the applicant shall refine the applicant’s prevention plan, ensure that the plan makes cost-effective use of the resources and services of state, local, community and private, nonprofit agencies, and consider the incorporation of successful elements of other districts’ prevention programs into the applicant’s plans. Final awards shall be made by the Council on or before January 15 of each year for the subsequent school year, contingent upon the appropriation of funds for such purpose in the annual appropriations act.

70 Del. Laws, c. 215, § 1; 71 Del. Laws, c. 180, § 92.;

And in the legal opinion issued today from the Attorney General’s Office:
Delaware’s FOIA defines a “public body” as:
any regulatory, administrative, advisory, executive, appointive or legislative body of the State, or of any political subdivision of the State, including, but not limited to, any board, bureau, commission, department, agency, committee, ad hoc committee, special committee, temporary committee, advisory board and committee, subcommittee, legislative committee, association, group, panel, council or any other entity or body established by an act of the General Assembly of the State, or established by any body established by the General Assembly of the State, or appointed by any body or public official of the State or otherwise empowered by any state governmental entity, which:
(1)        Is supported in whole or in part by any public funds; or

(2)      Expends or disburses any public funds, including grants, gifts or other similar disbursals and distributions; or

(3)      Is impliedly or specifically charged by any other public official, body, or agency to advise or to make reports, investigations or recommendations.[21]

Since the Family Services Cabinet Council DOES disburse public funds, including grants, it IS a public body and needs to call itself that.  This is not the first time I have had to do my own research on a FOIA complaint opinion rendered by the Attorney General’s Office and found the opinion to be invalid because not enough research was done to see HOW it was a FOIA violation to begin with.
Thank you,
Kevin Ohlandt
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