9/3/2009
Website Launched to Track Administration’s Foot-Dragging on FOIA

For Immediate Release:               Thursday, September 3, 2009
For More Information, Contact:  Joe Fulgham (302) 744-4184 

State Rep. Greg Lavelle (R-Sharpley) has launched a new website to keep track of the amount of time that has passed since he first filed a Freedom of Information Act (FOIA) request seeking information on the double-dipping employment of a retired cabinet secretary as a highly-paid state consultant.

The website, DelawareFOIAwatch.com, features a live counter that tracks the amount of time that has passed since Rep. Lavelle first filed his state FOIA request with Gov. Jack Markell.

According to a long-standing opinion issued by the state attorney general’s office (Opinion 91-I003), although Delaware's FOIA does not have a specific deadline for agencies to respond, they must do so within a reasonable time.  The more detailed Federal FOIA is often used as a reference. 

Under the federal statute, within 10 days of receiving a request agencies should issue a letter stating which of the requested records will be released and the reasons for denying any information.  The 10-day response time may be extended if there is a specified reason, including the need to review a large amount of material to fulfill the request.

“None of the exceptions apply here,” Rep. Lavelle said.  “I requested this information more than four weeks ago and I have yet to receive any of it.  It’s a violation of the spirit of the Freedom of Information Act and a clear case of foot-dragging.  This material should have been readily available and been provided in a timely fashion.”

Rep. Lavelle filed a Freedom of Information Act request August 5th asking that Gov. Markell provide:

• copies of the contract with Vince Meconi; 
• a description of Mr. Meconi’s duties as a consultant;
• performance measures being used to gauge the effectiveness of Mr. Meconi’s efforts in this role;
• the hours he is required to work;
• the vacation policy associated with Mr. Meconi’s consultant position; and
• any other papers and documents related to the hiring and employment of Mr. Meconi as a consultant.

Meconi was secretary of the Dept. of Health and Social Services (DHSS) from 2001 to 2008.  Starting in late 2007, dozens of allegations of patient abuse at the Delaware Psychiatric Center, which is under DHSS purview, were published as part of an investigative series of newspaper articles.  Many of the charges were later proven valid during a five-month investigation conducted by a bipartisan legislative committee in the General Assembly. 

“Sec. Meconi refused to acknowledge there was a problem at the hospital,” Rep. Lavelle said.  “Not only wasn’t he part of the solution, he obstructed reforms from being implemented to protect the vulnerable residents under his care.  It wasn’t until he retired under a cloud late last year, and a new secretary was appointed, that corrective action was finally taken.  Just last week, Gov. Markell signed three bills into law to help reform the DPC’s operations."

However, Meconi’s troubled past and questionable actions did not prevent the Markell administration from hiring him in March to consult with state agencies on the availability of federal stimulus money.  The lucrative gig came just weeks after Meconi retired from his DHSS post.  The job was to have been for a limited three-month period, but that deadline passed months ago.  In a recent column authored by Meconi, in which he defends his dual payment as “cost-effective,” (News Journal, 8/29/09, pg. A-11) he now claims his consulting work will run until mid-January – more than three times as long as originally indicated.

Earlier this summer, the News Journal reported Meconi was being paid $6,093 monthly for his consulting services in addition to the $7,633 he is receiving each month from his state pension.  If accurate, Meconi is reaping nearly $165,000 in state money annually – topping the salary he made last year as DHSS secretary by more than $20,000.

In Meconi’s column, he claimed the published figures were “tens of thousands of dollars less than [that] reported by the media,” although he declined to state how much taxpayer money he is collecting for his consulting job.  He also did not explain why he did not suspend his retirement and return to state service, rather than collect two government paychecks.

“In his augural address, Gov. Markell stated: ‘I pledge that my administration will be more transparent and accountable than any that have come before,’” Rep. Lavelle said.  “Yet here we are less than nine months later watching the administration play duck and cover.

“Not only will I continue to ask for this information, I invite all Delawareans to follow along with me on the website to see how long it takes to satisfy this simple request,” Rep. Lavelle said.  “I’m a state representative and this is the third press release I’ve issued on this same topic.  If the administration is disregarding the Freedom of Information Act in this case, what chance does the average citizen have to get their questions answered?”

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