24-IB12 02/26/2024 FOIA Opinion Letter to Erin Frederick re: FOIA Complaint Concerning the Division of Delaware State Police, Department of Safety and Homeland Security
Petitioner alleged that the Delaware State Police (“DSP”) improperly denied three requests seeking various records, including policies and procedures, as pending and potential litigation pursuant to 29 Del. C. § 10002(o)(9).
DECIDED: DSP did not violate FOIA by denying access to the requested records.
Read More24-IB11 02/23/2024 FOIA Opinion Letter to Isabel Hughes re: FOIA Complaint Concerning the Division of Delaware State Police of the Department of Safety and Homeland Security
Petitioner alleged that the Division of Delaware State Police of the Department of Safety and Homeland Security (“DSP”) violated FOIA by denying a request for the date and type of calls for service/response to an address.
DECIDED: DSP did not violate FOIA by denying access to the requested records.
Read More24-IB10 02/21/2024 FOIA Opinion Letter to Joshua Carter re: FOIA Complaint Concerning the City of Dover
Petitioner alleged that the City of Dover failed to release documents in a timely manner and failed to fulfill the entirety of the request; the exemption cited in the City’s response does not apply to the records requested; the City must provide redacted documents if any material is nonexempt; and the City failed to provide formal correspondence citing the specific material that is exempt or redacted.
DECIDED: The City violated FOIA by failing to meet its burden to justify the denial of access to the requested records. No violation occurred with respect to the remaining claims in the Petition.
Read More24-IB09 02/19/2024 FOIA Opinion Letter to Xerxes Wilson re: FOIA Complaint Concerning the Delaware Department of Correction
Petitioner alleged that the Department of Correction (“DOC”) failed to assert the reasons for the redactions in the document production and improperly withheld access to the remaining items that were requested.
DECIDED: The DOC did not violate FOIA by denying access to the requested policies, procedures, and memoranda. The remaining items in the Petition are moot.
Read More24-IB08 02/13/2024 FOIA Opinion Letter to Jan Konesey re: FOIA Complaint Concerning the City of Rehoboth Beach
Petitioner alleged that the City of Rehoboth Beach violated FOIA’s open meeting requirements by failing to provide notice on the agenda about selecting a solicitor, discussing the vacancy and selection of a new solicitor in executive session, and failing to provide adequate notice of this discussion in executive session on the agenda.
DECIDED: The City’s Mayor and Commissioners violated FOIA at the November 6, 2023 Special Meeting by holding a vote about selecting the new City Solicitor without sufficient public notice and by failing to meet its burden to justify that the discussions in the November 6, 2023 Special Meeting’s executive session about selecting the new City Solicitor were proper under FOIA.
Read More24-IB07 02/09/2024 FOIA Opinion Letter to Todd Austin re: FOIA Complaint Concerning the Division of Delaware State Police of the Department of Safety and Homeland Security
Petitioner alleged that the Division of Delaware State Police of the Department of Safety and Homeland Security (“DSP”) violated FOIA by denying access to certain video footage pursuant to the investigatory files exemption.
DECIDED: The DSP did not violate FOIA by denying access to the requested records.
Read More24-IB06 02/05/2024 FOIA Opinion Letter to Joelle E. Polesky and Michael D. O’Mara on behalf of Holt Logistics Corporation re: FOIA Complaint Concerning the Diamond State Port Corporation
Petitioner alleged that the Diamond State Port Corporation (“DSPC”) provided a procedurally deficient response to its request for records and improperly denied access to the requested records under pending or potential litigation exemption. Petitioner also claimed that it is entitled to an award of attorneys’ fees and costs in this matter.
DECIDED: The DSPC’s response was not procedurally deficient as alleged and the DSPC did not violate FOIA by denying access to the requested records under the pending or potential litigation exemption, except the tenth and eleventh items. The DSPC did not meet its burden of proof with respect to the tenth and eleventh items in the request and is in violation of FOIA with respect to those two items. This Office lacks the authority to award attorneys’ fees and costs in connection with this Petition.
Read More24-IB05 02/02/2024 FOIA Opinion Letter to Brian Geller re: FOIA Complaint Concerning the Town of Leipsic
Petitioner alleged that the Town of Leipsic’s Museum Review Committee is a public body and held a meeting in violation of FOIA’s open meeting laws.
DECIDED: The Committee is a public body and violated FOIA at its November 6, 2023 Committee meeting by failing to comply with FOIA’s open meeting requirements.
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