1ill (ould 2u34ect 5D# D25 to 2tate F6I7 8aws Kowalko: University of Delaware and Delaware State University receive millions of dollars in state funds annually, should be treated as public bodies DOVER Delawares two public four-year universities would be treated as public bodies under the states open government laws under legislation filed in the House House !ill ""#$ sponsored by Rep %ohn &owal'o$ would remove an e(emption in Delawares )reedom of *nformation +ct for the ,niversity of Delaware and Delaware -tate ,niversity .urrently$ only the universities boards of trustees are sub/ect to )O*+$ while the rest of the institutions activities$ records and meetings are e(empt -tate law generally defines public bodies in part as an entity or body established by the 0eneral +ssembly that 1is supported in whole or in part by any public funds2 -ince fiscal 3445$ the state has allocated more than 6# billion in the budget to the two colleges more than 65"4 million for the ,niversity of Delaware and more than 6378 million to Delaware -tate ,niversity Delaware 9echnical : .ommunity .ollege$ which also receives state funds$ is not e(empt from )O*+ 1* want to be clear; the ,niversity of Delaware and Delaware -tate ,niversity are e(cellent institutions of higher learning$ and Delaware families are fortunate to have two great in-stat options for their children$2 said Rep &owal'o$ D-<ewar' 1+t the same time$ we as a state have allocated more than 6# billion the past seven years to these two schools *t is inconsistent to consider yourself a public body when it comes to receiving millions of dollars in public funds each year$ but then turn around and say you arent a public body under )O*+ *t cant cut both ways 1=hat were saying with this bill is that if ,D and D-, are going to receive public funds$ then the public should have a right to e(amine their records and have access to meetings where policy decisions are made -tate-funded schools in most states already are sub/ect to )O*+$ so this bill /ust brings Delawares colleges in line with the vast ma/ority of public universities2 Rep &owal'o noted as an e(ample a 34## ,niversity of Delaware decision to cut mens cross- country and trac' and field as sports and demote them to club status$ a move that was met with surprise$ national attention and no public warning or input beforehand *f ,D was sub/ect to )O*+$ Rep &owal'o said$ the public could have gotten answers to >uestions about the reasoning and basis for that decision and could have been informed of the possibility sooner through open meetings +ccording to the <ational .onference of -tate ?egislatures$ Delaware is one of only two states that directly e(empts ma/or universities from )O*+ re>uests H! ""# has si( House co-sponsors and has been assigned to the House +dministration .ommittee @@@
Sarah Whittier Brown v. District of Columbia Bartolome Bestard Bonet Holmes Cheney Brown Morton Berg, Hearing Commissioner Honorable James W. Washington, Jr. Roger A. Finzel Leonard L. Koenick David A. Gespass A. Hugh Douglas, U.S. Consul 1973 Richard G. Haegele, U.S. Consul 1973/74 American Friends Service Committee, Inc. And Margaret Anne Shaker, 113 F.3d 1245, 10th Cir. (1997)