20-IB05 1/23/2020 FOIA Opinion Letter to Richard Abbott, Esq. re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that DNREC improperly denied his request for records regarding his client’s wetland map amendment application.
DECIDED: DNREC did not violate FOIA as alleged. DNREC satisfied the statutory requirement in this instance by citing to the pending or potential litigation exemption as its reason for denying the request. In addition, the Office found that the circumstances met the two-prong test for the potential litigation exemption, and DNREC appropriately denied the request on this basis.
Read More20-IB04 1/14/2020 FOIA Opinion Letter to Rep. Kim Williams re: FOIA Complaint Concerning Odyssey Charter School
Petitioner alleged the Nominating Committee of the Odyssey Charter School’s Board of Directors improperly noticed its intent to hold an executive session.
DECIDED: Because any public body can hold an executive session in the manner authorized by FOIA, the Board’s Nominating Committee, as a public body, did not violate FOIA by noticing its intent to hold an executive session.
Read More20-IB03 1/14/2020 FOIA Opinion Letter to Ms. Laura Allen re: FOIA Complaint Concerning the Division of Public Health
Petitioner alleged that the Division of Public Health of the Delaware Department of Health and Social Services (“DPH”) improperly withheld documents regarding certain animal control complaints and evidence.
DECIDED: DPH did not violate FOIA, as the requested records were investigatory file records exempt pursuant to 29 Del. C. § 10002(l)(3).
Read More20-IB02 1/3/2020 FOIA Opinion Letter to Rep. Kim Williams re: FOIA Complaint Concerning Odyssey Charter School
Petitioner alleged Odyssey Charter School’s Board of Directors held a Board meeting on December 3, 2019 in a locked building that did not allow adequate public access. The Petitioner also asserted that this location also was not the Board’s typical meeting location. Petitioner further alleged the Board and its Nominating Committee improperly held executive sessions.
DECIDED: The Board did not violate FOIA in its provision of access to the December 3, 2019 meeting because it provided proper notice of the location and made arrangements for main office staff to allow access to the building. However, this Office determined that the Board’s failure to provide notice of its December 3, 2019 executive session was a violation of FOIA. The Board committed to discuss the qualifications of the candidates and take a vote selecting the Board members in open session at a future public meeting. No additional steps were recommended.
Read More20-IB01 1/3/2020 FOIA Opinion Letter to Rep. John Kowalko re: FOIA Complaint Concerning the Delaware Prosperity Partnership
Petitioner alleged that the Delaware Prosperity Partnership is a public body and is obligated to respond to his request for certain records.
DECIDED: No FOIA violation was found. DPP was determined not to be a public body subject to FOIA.
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