Judge Rules Against Flowers in Delaware FOIA Challenge

Aug 9, 2017

Chip Flowers
Credit official photo

DOVER, Del. (AP) - A Delaware judge has ruled against former state treasurer Chip Flowers in a Freedom of Information Act lawsuit against former Gov. Jack Markell.

In Tuesday's ruling, the judge said Markell's office did not violate Delaware's FOIA law by withholding emails from Flowers simply because they were sent or received by a lawmaker or legislative staffer, without regard to their content or context.

State lawmakers have specifically exempted their emails from the FOIA law.

In 2015, Flowers asked for emails sent or received by Markell administration officials that referred to Flowers and his office.

In at least one instance, Markell's office refused to provide an email simply because the legislature's controller general, who is also a member of the Cash Management Policy Board advising the state treasurer, was copied on it.