18-IB50 10/12/2018 FOIA Opinion Letter to Casey H. Nelson re: FOIA Complaint Concerning the Department of Insurance
Petitioner alleged that he was entitled to receive Delaware Department of Insurance (“DOI”) records because DOI denied records in bad faith, was required to provide records to non-citizens of Delaware, and was required to provide the records pursuant to another Delaware statute. DECIDED: DOI did not violate FOIA as alleged.
Read More18-IB49 10/9/2018 FOIA Opinion Letter to Mr. David Moskowitz re: FOIA Complaint Concerning the Town of Dewey Beach
Petitioner alleged that the Town Manager and Police Chief lacked the authority to execute certain documents, that the Town Manager and Police Chief are a public body that must hold open meetings, and that the public interest in these documents must trigger open meeting requirements. DECIDED: No FOIA violation was found. Questions of municipal law are outside the scope of FOIA.
Read More18-IB48 10/8/2018 FOIA Opinion Letter to Ms. Jennifer Kye re: FOIA Complaint Concerning the Delaware State Police
Petitioner alleged that the Delaware State Police (“DSP”) improperly withheld records under the Law Enforcement Officers’ Bill of Rights (“LEOBOR”) and a confidentiality order. DECIDED: Complaints against law enforcement officers were properly withheld as records specifically exempted from public disclosure under LEOBOR. There was insufficient information from the parties to determine if other records responsive to the request for litigation documents exist. This Office recommended that the petitioner file a new request with any available information to assist DSP in locating possibly responsive records and DSP respond to the request as required by FOIA.
Read More18-IB47 10/8/2018 FOIA Opinion Letter to Mr. David Moskowitz re: FOIA Complaint Concerning the Town of Dewey Beach
Petitioner alleged that a meeting of the Dewey Beach Town Manager, Audit Committee chair, accountants, and auditor constituted a meeting of a public body that did not meet open meeting requirements. Petitioner further alleged that certain legal authority and the public interest in the meeting topic required the meeting to be subject to open meeting requirements. DECIDED: No FOIA violation was found. Questions of municipal law are outside the scope of FOIA.
Read More18-IB46 10/5/2018 FOIA Opinion Letter to Mr. Paul Reiger re: FOIA Complaint Concerning the Sussex County Board of Adjustment
Petitioner alleged that a meeting agenda for the Sussex County Board of Adjustment did not describe an agenda item in sufficient detail. DECIDED: No FOIA violation was found.
Read More18-IB45 10/5/2018 FOIA Opinion Letter to Mr. Craig O'Donnell re: FOIA Complaint Concerning the Town of Dewey Beach
Petitioner alleged that the Town of Dewey Beach improperly cited the exemption for investigatory materials in denying his request for a video. DECIDED: The video is part of an investigative file. Thus the exemption was properly applied.
Read More18-IB44 9/24/2018 FOIA Opinion Letter to Mr. Kevin Ohlandt re: FOIA Complaint Concerning the Auditor of Accounts
Petitioner alleged that the Auditor of Accounts did not respond to his request for records within the time required by FOIA and did not respond to questions. DECIDED: AOA violated FOIA by not responding within 15 business days. However, because the documents were since provided, no remediation recommended. FOIA does not require a public body to respond to questions.
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