24-IB23 06/25/2024 FOIA Opinion Letter to Hayley J. Reese, Esq. re: FOIA Complaint Concerning the Delaware Department of State
Petitioner alleged that the Delaware Department of State improperly denied access to records regarding the voluntary disclosure program under its relevant statutory authority.
DECIDED: The Department did not violate FOIA by denying access to the requested records.
Read More24-IB22 06/18/2024 FOIA Opinion Letter to Craig McGowan re: FOIA Complaint Concerning the Town of Georgetown
Petitioner alleged that the Town of Georgetown violated FOIA by releasing certain police officer records in response to a FOIA request and by refusing to hold a hearing in executive session.
DECIDED: The Town did not violate FOIA by providing records in response to this request or by declining to hold an executive session as requested.
Read More24-IB21 05/28/2024 FOIA Opinion Letter to Edward Bintz re: FOIA Complaint Concerning the Association of Coastal Towns
Petitioner alleged that the Association of Coastal Towns (“ACT”) is a public body that has not followed FOIA’s requirements. Specifically, Petitioner asserted that ACT violated FOIA by failing to conduct its December 5, 2023, December 7, 2023, and December 20, 2023 meetings in accordance with FOIA’s public notice and comment requirements; failing to hold its alleged December 1, 2023 committee meeting in accordance with the public notice and comment requirements; and failing to meet Section 10003’s requirements to designate a FOIA coordinator, implement a FOIA request policy, and to create a web portal for accepting requests.
DECIDED: ACT is found to be a public body. As ACT did not meet its burden to demonstrate compliance with respect to the Petition’s claims, we find that ACT violated FOIA as alleged.
Read More24-IB20 05/22/2024 FOIA Opinion Letter to Joshua Morgan, Sr. re: FOIA Complaint Concerning the Division of Delaware State Police, Department of Safety and Homeland Security
Petitioner alleged that the Division of the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied information about his case.
DECIDED: As the DSP appropriately denied the request under the investigatory files exemption, no FOIA violation occurred.
Read More24-IB19 05/22/2024 FOIA Opinion Letter to Richard Abbott re: FOIA Complaint Concerning the Delaware Department of Transportation
Petitioner alleged that Delaware Department of Transportation violated FOIA by failing to reduce its cost estimate.
DECIDED: As the cost estimate met FOIA’s requirements, no violation was found.
Read More24-IB18 05/07/2024 FOIA Opinion Letter to Shannon Marvel McNaught re: FOIA Complaint Concerning Sussex County
Petitioner alleged that Sussex County improperly denied access to records related to a notice of violation pursuant to the investigatory files exemption.
DECIDED: As the County provided an affidavit supporting that this exemption was appropriate, no violation of FOIA was found.
Read More24-IB17 05/01/2024 FOIA Opinion Letter to Warren Rosenkranz re: FOIA Complaint Concerning the Village of Arden
Petitioner alleged that the Village of Arden failed to respond to a resubmitted request, improperly engaged a law firm, and and improperly denied records that should have been made available to the petitioner as a member of the Village’s Town Assembly.
DECIDED: The Petition’s claims are not appropriate for this Office’s determination.
Read More24-IB16 04/29/2024 FOIA Opinion Letter to Brian Geller re: FOIA Complaint Concerning the Town of Leipsic
Petitioner alleged that the Town Council of Leipsic held an executive session on March 26, 2024 in violation of FOIA.
DECIDED: The Town violated FOIA by failing to meet its burden to demonstrate that the Town Council held an executive session for an appropriate purpose under FOIA and by failing to conduct a public vote to enter executive session at its March 26, 2024 meeting.
Read More24-IB15 04/22/2024 FOIA Opinion Letter to Carol DiGiovanni re: FOIA Complaint Concerning the Village of Arden
Petitioner alleged that the Village failed to post a notice for its March 25, 2024 Town Assembly meeting.
DECIDED: As the Village posted this notice as required by FOIA and promptly reposted it upon learning the notice was missing, no violation of FOIA was found.
Read More22-IB25 07/20/2022 FOIA Opinion Letter to Janice Lorrah re: FOIA Complaint Concerning the Senate Elections & Government Affairs Committee
Petitioner alleged that the Senate Elections and Government Affairs Committee violated FOIA by holding a virtual meeting without an anchor location, voting outside the meeting, and removing her from the latter portion of this virtual meeting.
DECIDED: The majority of the Petition’s allegations are not appropriate for resolution. However, the Committee did not violate FOIA by holding a virtual meeting without an anchor location.
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