16-IB15 6/10/2016 FOIA Opinion Letter to Mr. David Grimaldi re: FOIA Complaint Concerning New Castle County
Petitioner alleged that he requested and did not receive documents from New Castle County. Held: The County violated FOIA by failing to a) cite a reason why additional time was needed to fulfill the request and b) provide the petitioner with a good-faith estimate of how much additional time it required. Remediation is not required because the documents are related to pending litigation and are therefore exempt from FOIA.
Read More16-IB14 6/9/2016 FOIA Opinion Letter to Mr. Vincent White re: FOIA Complaint Concerning Wilmington Housing Authority
Petitioner alleged that various actions by Wilmington Housing Authority were FOIA violations. Held: 5 allegations were no longer timely. A sixth allegation, that a special meeting was held without a vote to do so, was determined to not be a FOIA violation because there is no requirement that a public body vote to hold a meeting. Two other allegations cannot be examined without descriptions of specific actions, which the petitioner may submit for a future determination.
Read More16-IB13 6/8/2016 FOIA Opinion Letter to Mr. Daniel Kramer re: FOIA Complaint Concerning Sussex County Council
Petitioner alleged that Sussex County Council violated open meetings laws by announcing an extra paid holiday (2014) and employee bonus (2015) that had not been publicly discussed and voted on and did so at an annual county employee luncheon which was not publicly noticed. Held: The decision to offer these was made by the County Administrator rather than the Council. As the County Administrator is a body of one, the open meetings laws do not apply to them. An employee social event is not considered a public meeting under FOIA.
Read More16-IB12 6/8/2016 FOIA Opinion Letter to Mr. Nick Patton of the Delaware Riverkeeper Network re: FOIA Complaint Concerning the Department of Natural Resources and Environmental Control
Petitioner alleged that the Department of Natural Resources and Environmental Control (“DNREC”) did not respond to their request for documents within the time required by FOIA. Held: DNREC violated FOIA by failing to respond within 15 business days. However, no remediation is required because the documents requested were exempt due to litigation.
Read More16-IB11 6/6/2016 FOIA Opinion Letter to Mr. David Carter re: FOIA Complaint Concerning the Department of Natural Resources and Environmental Control
Petitioner alleged that the Department of Natural Resources and Environmental Control improperly denied requested documents. Held: There is no common law exemption for “settlement negotiations” to justify withholding documents on such a basis. Documents withheld due to potential litigation or attorney-client privilege were appropriately considered exempt. Those documents withheld as “working drafts” would require further analysis. Because most documents withheld as “working drafts” were also withheld as related to potential litigation or attorney-client privilege, we request that only those not so exempted receive additional review. If, consistent with this opinion’s guidance, such records are determined to not be exempt, those records should be provided to Mr. Carter’s organization.
