State quietly settles FOIA case with former treasurer, awards Chip Flowers $22,500

Rather than open up former Gov. Jack Markell's correspondence to public scrutiny, the state has agreed to pay former Treasurer Chip Flowers $22,500 in taxpayer money to drop a Freedom of Information Act lawsuit.

The settlement, which was quietly reached after Thanksgiving, was confirmed by Flowers and state officials this week. It comes on the heels of a state legal victory in August, when Delaware Superior Court Judge Ferris Wharton ruled that Delaware's highest executive has broad authority to shield his emails from public view.

That decision was widely panned by open-government advocates, including the American Civil Liberties Union of Delaware, for allowing the governor to keep correspondence private — so long as he or she copies a state lawmaker or legislative aide on the email.

In his ruling, Wharton, a Markell appointee, wrote that the legislative email exemption applies to emails either sent or received by members of the General Assembly or their staff.

Read more: https://www.delawareonline.com/story/news/2018/01/19/state-quietly-settles-case-former-treasurer-chip-flowers-gets-22-k-settlement-state-case-markell/1041660001/