24-IB46 10/25/2024 FOIA Opinion Letter to Randall Chase re: Diamond State Port Corporation
Petitioner alleged that the Diamond State Port Corporation (“DSPC”) was about to violate FOIA at its September 27, 2024 Board of Directors meeting by failing to post adequate notice of its executive session for legal advice and by potentially discussing the improper topic of a potential labor strike in executive session.
DECIDED: The DSPC did not violate FOIA by failing to give sufficient notice of the executive session regarding legal advice on its September 27, 2024 meeting agenda. In addition, the DSPC did not violate FOIA by discussing the labor strike in executive session, as the DSPC provided sworn evidence that this topic was not discussed in executive session at the meeting.
Read More24-IB45 10/23/2024 FOIA Opinion Letter to Sarah Mueller re: Christina School District
Petitioner alleged that the Christina School District did not provide all the requested records in response to its FOIA request. The petition also alleged that one document’s remaining information, after redactions, was not comprehensible.
DECIDED: Based on the District’s sworn statements in its affidavit, it was found that the alleged violations did not occur. The District demonstrated that it sufficiently searched for responsive records and that no other responsive public records were found as a result of this search.
Read More24-IB44 10/18/2024 FOIA Opinion Letter to Jordan Howell re: Office of the Lieutenant Governor
Petitioner alleged the Lieutenant Governor’s Office failed to provide a complete response to his request for FOIA logs.
DECIDED: The Lieutenant Governor’s Office provided a sworn statement that it provided all the FOIA logs in its possession that were responsive to the Request and conducted both a physical and electronic search for older FOIA logs to no avail. The Lieutenant Governor’s Office met its burden to demonstrate that it provided all records in its possession responsive to the request.
24-IB43 10/17/2024 FOIA Opinion Letter to Shannon McNaught re: Sussex County
Petitioner alleged that the County failed to provide responsive audio records and/or documents in violation of FOIA.
DECIDED: The County asserted that any responsive document was part of an investigatory file and, thus, not a public record under FOIA. The investigatory files exemption from the definition of public record does not change once an investigation is closed.
24-IB42 10/09/2024 FOIA Opinion Letter to Brianna Hill re: City of Wilmington
Petitioner alleged that the City of Wilmington violated FOIA by denying the FOIA request for copies of any and all correspondence between the Mayor’s Office, the City, Wilmington Police Department, and the Urban Arts Exchange as it relates to the Positive Vibes in the Park: Justice for All event that was moved from the Urban Arts Exchange to the Route 9 library on August 23, 2024. The City argued that the records were not public records as they related to potential litigation between the event organizer and the City based on statements the event organizer purportedly made to a news outlet that the events organizer contacted attorneys about possible legal action. Petitioner argued that they were a journalist and not a party to any potential litigation between the event organizer and the City.
DECIDED: The Opinion held that City violated FOIA by denying access to the correspondence under the potential litigation exemption because there was no evidence of potential litigation between the event organizer and the City because there was nothing to support the event organizer engaged an attorney to file a private civil cause of action against the City and no history of litigation between these parties.
24-IB41 10/08/2024 FOIA Opinion Letter to Branden Moore re: Town of Camden
Petitioner alleged that Town failed to provide him with requested video footage.
DECIDED: The Town provided a sworn statement that Town contacted the entity in charge of camera and security and was informed that the remaining requested video footage did not exist. FOIA does no require a public body to provide a record that does not exist.
Read More24-IB40 10/03/2024 FOIA Opinion Letter to Warren Rosenkranz re: Village of Arden
24-IB40
Petitioner alleged that the Village violated FOIA by allowing the Town Assembly officers to hold monthly office hours without preparing and maintaining meeting minutes.
DECIDED: As the Town Assembly officers do not constitute a public body under FOIA, no violation of FOIA occurred in this regard.
Read More24-IB39 10/01/2024 FOIA Opinion Letter to Devin Coleman re: Office of the Governor
24-IB39
Petitioner alleged that the Office of the Governor violated Section 10003(j) by failing to request noncustodial records from the prior administration responsive to the request.
DECIDED: As Section 10003(f) does not apply in these circumstances, the Governor’s Office did not violate Section 10003(f).
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