Delaware Liberal

Markell Issues Executive Order on FOIA Requests

Governor Markell signed an executive order today that marks a step forward to a more open and transparent state government. He also signed legislation creating a universal FOIA form.

Markell issued an executive order requiring the changes — the most wide-ranging since the Freedom of Information Act took effect in 1977 — shortly before signing separate legislation establishing a standard form for all FOIA requests. The new, universal form could eliminate needless, duplicative bureaucratic hurdles faced by those requesting records of government activities.

The Executive Order requires that state agencies (1) charge a flat rate of 10 cents per page for copies, with the first 20 pages free, (2) forward all FOIA requests to appropriate agencies if inquiries are misdirected or better able to be answered by another government unit, (3) accept requests by mail, fax, email, in person or by the new universal form, (4) have a designated FOIA coordinator to assist and serve as a contact person and (5) will no longer charge for the cost of legal reviews needed to determine if documents are exempt from the law, and other administrative costs for responding to requests will be kept to a minimum, with advance notice provided before billing for the expense.

These all seem to be common sense reforms that will make it easier for the Delaware citizen to get the information that he or she is entitled to as a Delaware citizen.

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