Private agency, public dollars-Delaware
|Common Definition Themes|
|These 5 characteristics tend to recur in most state definitions for private agencies which are subject to FOIA laws.|
|1.) Receive or dispense public funds:|| x
|2.) Created by a public agency:|| x
1, 2: 2, 4
|3.) Present themselves as a public entity:|
|4.) Perform a public function:|| x
|5.) Controlled or managed by a public entity:|
=The legal history does not mention this characteristic or it has rejected this characteristic as a potential defining aspect.
=This characteristic alone is sufficient to bring an organization under the FOIA.
=This is a part of a compound definition requiring multiple characteristics. The numbers after the symbol indicate the additional requirements.
=This is a characteristic that has been mentioned within the legal history and may aid in deciding whether or not the FOIA law applies to an organization but is not a part of a specific definition.
StatutesThe Delaware Freedom of Information Act includes in its definition of public body:
"any other entity or body established by an act of the General Assembly of the State, or established by any body established by the General Assembly of the State, or appointed by any body or public official of the State or otherwise empowered by any state governmental entity, which:
(1) Is supported in whole or in part by any public funds; or
(2) expends or disburses any public funds, including grants, gifts or other similar disbursals and distributions; or
(3) is impliedly or specifically charged by any other public official, body, or agency to advise or to make reports, investigations or recommendations."
State of Delaware
|State executive officers||
Governor | Lieutenant Governor | Attorney General | Secretary of State | Treasurer | State Auditor | Secretary of Education | Insurance Commissioner | Secretary of Agriculture | Secretary of Natural Resources and Environmental Control | Secretary of Labor | Delaware Public Service Commission |