DOVER, Del. — Former state treasurer Chip Flowers is taking a Freedom of Information Act lawsuit against former Gov. Jack Markell to the Delaware Supreme Court.
Attorneys for Flowers filed a notice of appeal Thursday of a Superior Court judge’s ruling last month against Flowers.
The judge reversed a decision in which a former chief deputy attorney general questioned whether Markell’s office violated FOIA by withholding emails from Flowers solely on the basis that they were sent or received by a lawmaker or legislative staff member, without regard to the content or context of the emails.
The issue arose because, when boasting several years ago about extending FOIA’s open-government provisions to the General Assembly, state lawmakers specifically exempted their emails and their staffers’ emails from the definition of public records.