24-IB04 01/29/2024 FOIA Opinion Letter to Joelle E. Polesky and Michael D. O’Mara on behalf of Holt Logistics Corporation re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) provided a procedurally deficient response to its request for records and improperly denied access to the requested records under the pending or potential litigation exemption. Petitioner also claimed that it is entitled to an award of attorneys’ fees and costs in this matter.
DECIDED: DNREC’s response did not violate FOIA as alleged, and this Office lacks the statutory authority to award attorneys’ fees and costs in connection with a FOIA petition.
Read More24-IB03 01/24/2024 FOIA Opinion Letter to Crystal Long re: FOIA Complaint Concerning the City of Seaford
Petitioner alleged that the City of Seaford violated FOIA by not responding to each request individually and made additional non-FOIA claims.
DECIDED: The City did not violate FOIA by failing to provide an individual communication for each of the eighteen requests submitted. The other claims do not relate to the FOIA statute and are outside the scope of this Office’s authority to consider.
Read More24-IB02 01/17/2024 FOIA Opinion Letter to Jennifer Antonik re: FOIA Complaint Concerning the Caesar Rodney School District
Petitioner alleged that Caesar Rodney School District (“District”) violated FOIA by (1) failing to provide estimated fees for the November 7, 2023 request that are reasonable and minimized in compliance with the FOIA statute; (2) inappropriately denying the request for complaints; (3) failing to respond to the November 3, 2023 request and improperly combining it with the other pending request for purposes of fees; and (4) violating the open meetings laws with respect to the virtual Manga Review Committee meeting held on November 2, 2023.
DECIDED: The District violated FOIA by failing to provide sufficient evidentiary support demonstrating its cost estimate was compliant with FOIA’s requirements and its search for the requested complaints was adequate. However, the Manga Review Committee was found not to be a public body subject to FOIA’s open meeting requirements, and thus, no violation of the open meeting law occurred . The District was recommended to process the November 3, 2023 request in accordance with the FOIA statute, including its fee provisions.
Read More24-IB01 01/11/2024 FOIA Opinion Letter to Robert E. Vanella re: FOIA Complaint Concerning the Division of Delaware State Police of the Department of Safety and Homeland Security
Petitioner alleged that the Division of State Police of the Delaware Department of Safety and Homeland Security (“DSP”) improperly denied six of its requests seeking various records related to certified law enforcement officers, as these records were not exempt under 29 Del. C. § 10002(o)(1) and (17). Petitioner asserted that the DSP should fulfill these requests from its existing records.
DECIDED: The DSP did not violate FOIA by denying access to the requested records.
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