21-IB28 10/25/2021 FOIA Opinion Letter to Jeffrey C. Smith re: FOIA Complaint Concerning the Delaware Department of Transportation
Petitioner alleged that the Delaware Department of Transportation (“DelDOT”) violated FOIA by denying a records request.
DECIDED: This petition was dismissed without consideration of the merits, because the FOIA request at issue did not indicate it was made by or on behalf of the organization submitting the petition. Under FOIA, the party denied access to the requested records is the sole party with standing to challenge a public body’s denial of access to records.
Read More21-IB27 10/25/2021 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Office of the Auditor of Accounts
Petitioner alleged that the Office of the Auditor of Accounts (“AOA”) violated FOIA by failing to keep accurate FOIA logs and also requesting the validity of AOA’s assertion that it could not locate its FOIA log for 2018.
DECIDED: The AOA, for a period of more than three years, failed to maintain its FOIA logs in accordance with 29 Del. C. § 10003(g)(3), and the balance of the petition is moot.
Read More21-IB26 10/20/2021 FOIA Opinion Letter to Karl Baker re: FOIA Complaint Concerning the Diamond State Port Corporation
Petitioner alleged that the Diamond State Port Corporation (“DSPC”) violated FOIA by refusing to produce emails related to a draft Amendment because the draft Amendment had been presented to a public body.
DECIDED: This Office determined that DSPC may apply the draft document exception in these circumstances but recommended the DSPC undertake a review of its records and supplement its response as necessary.
Read More21-IB25 10/20/2021 FOIA Opinion Letter to Molli Carter re: FOIA Complaint Concerning the Delaware Department of Health and Social Services
Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) violated FOIA by refusing to provide requested data reports.
DECIDED: The DHSS did not violate FOIA by declining to create new records.
Read More21-IB24 10/06/2021 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Ethics Committee, House of Representatives, Delaware General Assembly
Petitioner alleged that the Ethics Committee of the House of Representatives of the General Assembly (“Committee”) violated FOIA by failing to follow open meeting requirements in setting a meeting agenda.
DECIDED: As Section 10004(h)(7) expressly excludes the proceedings of ethics committees of the General Assembly from the requirements of Section 10004, the Committee has not violated FOIA by failing to meet the open meeting requirements.
Read More21-IB23 10/04/2021 FOIA Opinion Letter to Councilmember Dee Durham re: FOIA Complaint Concerning New Castle County
Petitioner alleged that New Castle County’s delay in responding to her FOIA request was unreasonable and not justified as of the date of the petition.
DECIDED: No FOIA violation occurred, as there is no indication that the County’s invocation of the need for additional time for the stated reasons was improper nor is there any evidence of the County’s bad faith in estimating its timeframes for completion.
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