I filed a FOIA complaint against the State Board of Education concerning their January State Board meeting. Here is the Department of Justice’s opinion to my complaint. I still have one more FOIA complaint outstanding with regards to the February State Board meeting. The State Board just responded to DOJ yesterday with regards to my second complaint. I am sure I will not have DOJ’s opinion on the 2nd complaint for a few weeks.
DelawareFirstState
Kim Williams – State Representative – 19th District
DelawareFirstState 
Just because the DOJ decided to rule this way on this event, does not mean FOIA requests of the state board should stop. Just having the Board being subject to second guessing almost always insures that all parties will in the future put more effort into the first guess, and THAT provides less room for mistakes to happen.
Today we begin the Smarter Balanced Assessment in classrooms across this state. If only we had legislators who had questioned and FOIA’d the DOJ and State Board back then… we may have staved off the entire brier thicket with the pulling of just one shoot….
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I filed a second foia request with respect to the State Board’s February meeting–that meeting was chaotic. It appeared to me and others that foia laws were violated with their back room discussions.
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Considering that Government here was by design, “For The People”, it is probably a violation of the spirit of the Constitution if not the law itself, when it has to work “against” the people to achieve its ends… When that happens, as it did, “We the People” should really question those “ends”…
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A similar thing happened to me when Councilman Bob Weiner refused to let me comment at his Econ Dev. Sub-Cmte years ago but allowed a member of the public make comment as part of the ’round table’ of invited participants. Then AG Carl Danberg issued the opinion that since the CD recording was not recovered (NCC conveniently claimed the machine was broken that day and no recording was made) there was no proof that one member of the public spoke at the meeting and one was denied.
To remedy this after the fact, Councilman Dave Tackett introduced a bill that was enacted stipulating that every public meeting of council would have an item J. on the agenda for a dedicated public comment.
Hopefully the General Assembly will enact a remedy for this loophole in Dover. I believe there is a Williams bill in circulation that will accomplish this.
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