FOIA Bill headed for vote in House

Paper: News Journal, The ( Wilmington, DE)

Date: June 25, 2007

By J.L. MILLER

The News Journal

DOVER -- A definite maybe. But don't hold your breath.

That's the answer today for Delawareans wondering whether bills to broaden the Freedom of Information Act to cover the General Assembly will be considered before the Legislature's adjournment Saturday.

House leaders promise a vote on one bill that would at least partially remove the General Assembly's exemption from the state's "Sunshine Law."

"Absolutely. That is a commitment I made," said House Majority Leader Richard C. Cathcart, R-Middletown.

But that bill -- and a similar measure introduced months ago by Sen. Karen Peterson, D-Stanton -- face big problems in the Senate, where Sen. Thurman Adams Jr., D-Bridgeville, has long opposed bills that would open the doors to committee hearings, records and legislators' spending vouchers.

Any FOIA legislation that makes it to the Senate by Saturday, when the legislature adjourns, is likely to stay there, awaiting lawmakers' return in January for the second year of the two-year legislative session.

Peterson says she labors under no illusions that Senate Bill 4, her bill to bring the Legislature under FOIA, is at the top of Adams' priority list.

"Sen. Adams did tell me last week that he intends to move S.B. 4. I don't know when he intends to move it -- it could be next year," Peterson said.

The General Assembly's half-hearted efforts to open its closed doors are a stark contrast to a branch of government not covered by FOIA: the judiciary.

Most court records already are open to public scrutiny, but in February, Chief Justice Myron T. Steele issued a directive to Delaware's courts ordering them to adopt formal public access policies to cover the release of administrative records.

That includes financial records such as expense reimbursement forms and travel expenses on state credit cards -- records the legislative branch steadfastly refuses to release.

"The Judicial Branch supports the presumption of open public access to court records, including court administrative records," Steele wrote, "to promote government accountability and greater public trust and confidence in the Judiciary."

Patricia Griffin, the state court administrator, said the courts are working to implement the Supreme Court directive "to be sure that the appropriate policies are in place as soon as possible."

Glacial progress

Despite the judiciary's example, the legislative branch's progress in opening doors has been glacial.

The House party caucuses are working on a bill that would advance the process, however, if it can gain traction in the Senate.

The House measure would be a combination of House Bills 60 and 70. The former is a Republican bill that would require legislative committee meetings to be open, and the latter a Democratic measure that not only would open all committee meetings but most legislative records as well.

That combination bill has been under consideration since late April.

Cathcart said last week he intended to honor his commitment, and that the bill was being reviewed by the Democrats' attorney. The bill would be a major step toward opening some of the closed doors in Legislative Hall, particularly those of the Joint Finance and Joint Bond Bill committees.

Those committees frequently meet in private to work out details of the operating and capital budgets, leaving the public in the dark.

However, passage of that bill does not guarantee it will be considered in the Senate -- not even in the second year of the legislative session.

Adams, the Senate president pro tem, has been hostile to open-government bills in the past, assigning them to his Senate Executive Committee and refusing to release them for a floor vote.

In April, Adams said he was not inclined to support the compromise bill expected in the House, although he has said he would hold a hearing on a similar FOIA bill currently in his committee.

Senate Majority Leader Anthony J. DeLuca, D-Newark East, said the ruling Senate Democratic caucus would have no comment on the prospects of any of the FOIA bills awaiting Senate action this week.

The inaction and delays have supporters of open government frustrated, as they have been in sessions past.

Wilmington resident Mary Lou Ponsell is one who is tired of waiting -- and she finds it disturbing that open government isn't a hotter issue.

Ponsell, 73, calls the system that lets Senate committee chairmen bottle up legislation "counterproductive. I don't think it serves the people of Delaware."

Even legislators from conservative downstate districts should not fear a backlash from constituents if they support open-government bills, Ponsell said.

"I can't see how voters would not vote again for a representative or senator who permitted a bill to come forward for discussion. That to me is the essence of our government," she said.

Rolling the boulder

Peterson admits that her quest to open state government has been long and arduous, but she isn't giving up.

"I'm trying to roll this boulder up the hill," Peterson said, adding that she believes the effort is "picking up steam."

However, she does hold out hope that S.B. 28 will get a Senate vote by June 30.

That bill, which Peterson called "just a housekeeping bill," would broaden the definition of a meeting under FOIA and extend the statute of limitations for a citizen to file a lawsuit challenging an action by a public body under the act.

Peterson also is the prime sponsor of S.B. 135, which would change the current system in which the state Department of Justice must represent the state when a member of the public files a FOIA lawsuit.

Under S.B. 135, the department could sue a state agency on a citizen's behalf to force the agency to comply with FOIA.

Adams has said he sees problems with that bill, contending that it could divert resources from criminal prosecutions to FOIA cases.

Staff reporter Patrick Jackson contributed to this story. Contact J.L. Miller at 678-4271 or jlmiller@delawareonline.com.

AMONG THE GOOD-GOVERNMENT BILLS AWAITING ACTION IN THE GENERAL ASSEMBLY ARE:

• Senate Bill 4: To subject the Legislature to the Freedom of Information Act. A proposed amendment would exempt party caucuses from the bill. Status: Senate Executive Committee.

• S.B. 28: To broaden the definition of a public meeting and further define a quorum. Status: Senate Executive Committee.

• S.B. 102: To create an independent redistricting commission to reapportion the House and Senate. Status: Senate Executive Committee.

• S.B. 135: Allows the Department of Justice to represent citizens in FOIA lawsuits against state agencies. Status: Senate Executive Committee.

• House Bill 4: Requires the annual budget and bond bills to be introduced no later than five legislative days prior to June 30. Status: Passed House, in Senate Executive Committee.

• H.B. 5: Deems as public any non-security reports regarding state agencies paid for by public funds. Status: Passed House, in Senate Executive Committee.

• H.B. 68: Restricts legislators from lobbying for a period of one year after their term of office ends. Status: Out of committee, awaiting House action.

• H.B. 196: Restricts legislators, heads of state agencies, Cabinet officials and the governor's staff from lobbying for one year after their terms of office or state employment end.

Author: J.L. MILLER

Section: NEWS

Page: A1, A2

Dateline: Delaware