17-IB15 07/07/2017 FOIA Opinion Letter to Ms. Gloria Markowitz re: FOIA ComplaintConcerning the Milford School District Board of Directors and Citizens Budget Oversight Committee
Petitioner alleged that the Milford School District Board of Directors violated FOIA by: 1) adding an action item to the agenda as an addendum the day of its June 20, 2016 meeting, 2) failing to include a reason for the delay in posting this item, and 3) failing to properly identify the item as a tax rate change on the agenda. Petitioner further alleged that the Citizens Budget Oversight Committee (“CBOC”) violated FOIA by failing to post an agenda in advance of its June 14, 2016 meeting that included its intent to discuss the Fiscal Year 2017 tax rate increase.
HELD: The Milford School District CBOC violated FOIA by failing to provide sufficient notice of its intent to discuss the Fiscal Year 2017 tax rate proposal at its June 14, 2016 meeting. The Milford School District Board of Directors also violated FOIA by failing to provide sufficient notice of its intent to discuss and vote upon the matter at its June 20, 2016 meeting. This Office does not have the statutory authority to invalidate the CBOC or Board’s actions as requested by Petitioner. The CBOC and Board are encouraged to pursue FOIA training and review the educational materials DOJ publishes online for FOIA Coordinators.
17-IB14 07/06/2017 FOIA Opinion Letter to Dr. Brian Simbirski re: FOIA Complaint Concerning New Castle County
Petitioner alleged that New Castle County improperly denied his request for records because he is not a Delaware citizen. HELD: There was no FOIA violation. The statute does not prohibit a public body from denying a request on the basis that the requesting party is not a Delaware citizen.Read More
17-IB13 07/06/2017 FOIA Opinion Letter to Mr. Nicholas Georgalis re: FOIA Complaint Concerning the Delaware Association of Professional Engineers
Petitioner alleged that the Delaware Association of Professional Engineers violated FOIA by not providing a record that included the requested email addresses and by not providing the record in the format requested by Petitioner. HELD: There was no FOIA violation. Under the specific circumstances of this case, the email addresses of private citizens are not considered to be public records. Further, FOIA does not require a public body to create a new record in response to FOIA requests, which would have been required to provide the requested format.Read More