In an important win for police accountability, Delaware Superior Court has ordered that the State Police must reveal more information about the officers it employs in response to Freedom of Information Act requests. 

Last year, Delaware Call in partnership with the Invisible Institute in Chicago filed FOIA requests seeking data held by the state Police Officer Standards and Training Commission, which tracks all law enforcement officers currently working in Delaware, including their names, ranks, salaries, and previous employment history. It’s some of the most basic information about public employees that most states around the country release voluntarily — including Maryland and New Jersey.

But the state refused to provide that information to Delaware Call. In denying our FOIA request, Deputy Attorney General Joseph Handlon initially claimed that the state wasn’t in possession of the requested data. In response, with help from the Delaware ACLU, the Call sued the Delaware State Police and Department of Homeland Security to gain access to the data.

The state “erred when denying Delaware Call’s seven requests in their entirety,” the Superior Court ruled in its 29-page opinion. “At a high level, the names, ranks, and salaries of DSP troopers are contained in public records in DSP’s possession or under its control. Disclosing that information does not compromise officer safety, privacy, or DSP operations.”

While Delaware Call will be provided with some basic information about state police officers, the Court did not order the release of more detailed information, such as previous employment and job titles, resumes, or demographic data. With help from the Delaware ACLU, the Call intends to appeal these exemptions to the Delaware Supreme Court.

“Police departments in Delaware will reject requests for even the most basic information and obstruct any effort for more transparency in public safety,” stated Robert E. Vanella, coordinating editor at the Delaware Call. “I am grateful that the ACLU of Delaware took this case and will continue to pursue our right to open government. The Delaware Call reaffirms its commitment to fighting tooth and nail for transparency and accountability in public safety.”

“FOIA’s broad goal is to create easy access to public records, and State agencies must stop blocking that access with overly-expansive readings to various exemptions,” said Jared Silberglied, Penn Catalyst Legal Fellow at the ACLU-DE, in response to the court ruling. “Delawareans are entitled to know the identities of the officers that are supposed to keep them safe.”