13-IB08 11/26/13 FOIA Opinion Letter to Mr. Chase re: ACLU-DE FOIA Complaint Against Delaware Department of Corrections
The Complainant alleged the Department of Correction (“DOC”) violated the Freedom of information Act (“FOIA”) by failing to produce calibration and maintenance records of “Alco-Sensors.” DOC withheld the records on the basis of a statutory provision that DOC policies and procedures were not subject to disclosure except on written authority of the Commission. Held: the documents were not specifically excluded from the definition of “public records” and must therefore be produced.
Read More13-IB07 11/21/13 FOIA (Informal) Opinion Letter to Mr. Chase re: FOIA Complaint Concerning Delaware Department of Corrections
The Complainant alleged the Department of Corrections (“DOC”) violated the “open records” provisions of the Freedom of Information Act (“FOIA”) by refusing to release records concerning the purchase, acquisition, storage, and disposal of drugs used for lethal injections. Held: the requested records were not “trade secrets” exempt from disclosure.
Read More13-IB06 11/20/13 FOIA (Informal) Opinion Letter to Mr. Chase re: FOIA Complaint Concerning New Castle County (911 Calls)
The Complainant alleged New Castle County violated the “open records” provision of the Freedom of Information Act (“FOIA”) by refusing to release audio recordings of 911 calls made from the residence of Vice President Biden. Held: privacy interests under the U.S. Constitution and Delaware law outweighed whatever interest the public might have in disclosure of the recordings.
Read More13-IB05 10/01/13 FOIA Opinion Letter to Mr. Flaherty and Ms. Buckley re: FOIA Complaint Concerning Charter School Reform Working Group
The Complainant asked for a determination whether a twenty-four member working group appointed by the Governor to provide recommendations regarding charter schools (the “Working Group”) was a “public body” subject to the requirements of the Freedom of Information Act (“FOIA”). Held: yes.
Read More13-IB04 09/27/13 FOIA Opinion Letter to Mr. Richard H. Morse, Esq. re: FOIA Complaint Concerning DNREC, Division of Air Quality Hearing
The Complainant alleged violation by the Department of Natural Resources and Environmental Control (“DNREC”) of the “open meetings” provisions of the Freedom of Information Act (“FOIA”) by not affording the public “adequate accommodations” in connection with a hearing before the Secretary of DNREC on an air quality permit. Held: DNREC is headed by a single officer (the Secretary) who, as a “body of one” is not subject to the same “open meeting” provisions as “public bodies” with more than one member. No FOIA violation occurred.
Read More13-IB03 07/12/13 FOIA Opinion Letter to Mr. Andrew Staub re: FOIA Complaint Against City of Wilmington (Security Detail)
The Complainant alleged the City of Wilmington (the “City”) violated the Freedom of Information Act (“FOIA”) by redacting from certain documents the names of persons who applied for, or were assigned to, the Mayor’s security detail. Held: the privacy rights of the security detail members and applicants outweighed an interest the public may have in their identities.
Read More13-IB02 05/01/13 FOIA Opinion Letter to Mr. Daniel J. Kramer re: FOIA Complaint Against Sussex County Council
The Complainant alleged the Sussex County Council (the “Council”) violated the “open meetings” provisions of the Freedom of Information Act (“FOIA”) by providing insufficient specificity in agenda items and by adding agenda items during its meetings. Held: if available, agendas must be posted with the meeting notice. If the agenda is amended or delayed, the public body must provide the reason for the delay.
Read MoreIn Re: B.J. Alan Company, an Ohio corporation.
STATE OF DELAWARE DEPARTMENT OF JUSTICE DIVISION OF CONSUMER PROTECTION In Re: B.J. Alan Company, an Ohio corporation. CEASE AND DESIST ORDER PURSUANT TO AN AGREEMENT This Cease and Desist Agreement Order Pursuant to an Agreement (“Agreement”) is entered into by and among the Director of the Division of Consumer Protection of the Department of […]
Read MoreCesise and Desist Order – In Re: William Costigan
STATE OF DELAWARE DEPARTMENT OF JUSTICE DIVISION OF CONSUMER PROTECTION In Re: William Costigan CEASE AND DESIST ORDER PURSUANT TO AN AGREEMENT This Cease and Desist Agreement Order Pursuant to an Agreement (“Agreement”) is entered into by and among the Director of the Division of Consumer Protection of the Department of Justice (“the Director”) and […]
Read More13-IB01 03/26/13 FOIA Opinion Letter to Mr. Daniel J. Kramer re: FOIA Complaint Against Woodbridge School Board
The Complainant alleged the Board of Education for the Woodbridge School District 9the “Board”) violated the “open meetings” provisions of the Freedom of Information Act (“FOIA”). Held: the Board’s agenda was insufficient to alert the public that it would accept the resignation of the existing superintendent and hire a replacement superintendent. It therefore violated the “open meetings” requirements of FOIA.
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