Monday, June 10, 2013

REBLOGGED FROM TRANSPARENT CHRISTINA - Let's talk about the fruit of the forbidden tree principle...

Hey, Earl, HB 165 was properly-vetted, huh?  By the Gov's appointed working group?  The one that violated FOIA? That one? Yeah...

If you can't create legislation in the light of day, that legislation doesn't deserve to see the light of day.  HB 165 needs to visit the speaker's desk drawer.  
 
Based on the information you provided and our review, the Working Group may be a “public body” within the meaning of FOIA.  29 Del. C. § 10002.  If that is the case, the Working Group was (and, if still active, remains) subject to the “open meeting” provisions of the Act.  See generally 29 Del. C. § 10004.  Thus, any prior meetings conducted without adequate public notice or compliance with other open meeting requirements may have been held in violation of the Act.  We note however that, as a practical matter, there may be no effective way to remediate any such violations.  According to your email below, the Working Group has already made its recommendation to legislators.  http://transparentchristina.wordpress.com/2013/06/10/hb-165-foia-bomb-rep-williams-gets-her-foia-answer-rep-jaques-d-rodel-are-you-paying-attention-rep-darryl-scott-d-rodel-what-do-you-think-of-them-apples-netde/

Ever heard of Fruit of the Forbidden Tree?  Apply the principle to HB 165.

Thanks, Rep. Williams for ferreting out the truth amidst the lies.

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