20-IB17 4/8/2020 FOIA Opinion Letter to Mr. Jeffrey Clouser re: FOIA Complaint Concerning the Delaware State Police
Petitioner alleged that DSP failed to timely respond to its request for records.
DECIDED: As DSP since provided a response, petitioner’s claim is now moot. DSP is cautioned to provide timely communications in the future.
20-IB16 4/8/2020 FOIA Opinion Letter to Mr. Esteban Parra re: FOIA Complaint Concerning the Delaware State Police
Petitioner alleged that as a Delaware statute requires a certain firearms report be provided to the General Assembly, the State Bureau of Identification of the Delaware State Police (“DSP”) improperly denied his request for this report.
DECIDED: As DSP’s counsel represented this report does not exist and DSP’s compliance with any statute other than the FOIA statute is outside this Office’s authority, it was determined that DSP did not violate FOIA.
Read More20-IB15 4/8/2020 FOIA Opinion Letter to Ms. Julie Nay re: FOIA Complaint Concerning New Castle County
Petitioner alleged that New Castle County failed to timely respond to her FOIA request.
DECIDED: No FOIA violation, as New Castle County attempted to respond to the request by producing the requested records but made an inadvertent mistake in the petitioner’s email address. When notified, New Castle County rectified this inadvertent error and provided petitioner with the requested documents.
Read More20-IB14 4/6/2020 FOIA Opinion Letter to Mr. Scott Becker re: FOIA Complaint Concerning the Delaware State Police
Petitioner alleges that as a Delaware statute requires a certain firearms report be provided to the General Assembly, the State Bureau of Identification of the Delaware State Police (“DSP”) improperly denied his request for this report.
DECIDED: As DSP’s counsel represented this report does not exist and DSP’s compliance with any statute other than the FOIA statute is outside this Office’s authority, it was determined that DSP did not violate FOIA.
Read More20-IB13 3/30/2020 FOIA Opinion Letter to Ms. Julie Nay re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged DNREC improperly denied her request for a site safety report, but DNREC’s legal counsel responded the report did not yet exist.
DECIDED: No FOIA violation was found. FOIA does not require a public body to produce a record that does not exist.
20-IB12 3/17/2020 FOIA Opinion Letter to Mr. Scott Becker re: FOIA Complaint Concerning the Delaware Criminal Justice Information System
Petitioner alleged that DELJIS improperly denied his request for statistical information from the Criminal Justice Information System databases because DELJIS failed to contact other state agencies to retrieve records responsive to his request and DELJIS improperly asserted exemptions for investigatory and criminal history information.
DECIDED: No FOIA violation was found. FOIA does not require DELJIS to contact other state agencies to collect records for this request. In addition, FOIA does not require a public body to create a new record, and fulfilling this request would require DELJIS to create a new record.
Read More20-IB11 3/13/2020 FOIA Opinion Letter to Mr. Gary Myers re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that DNREC improperly asserted the exemptions for pending or potential litigation and for attorney-client privilege and attorney work product doctrine in denying his request for records pertaining to an ongoing dispute over the Renewable Energy Portfolio Standards Act (“REPSA”) regulations.
DECIDED: No FOIA violation was found, as the pending litigation exemption applies.
Read More20-IB10 3/12/2020 FOIA Opinion Letter to Mr. John Young re: FOIA Complaint Concerning Christina School District
Petitioner alleged that the Board did not provide adequate notice to the public that a censure resolution of a school board member would be discussed and voted on at the February 11, 2020 meeting. Specifically, he alleged that the Board added the item without adequate public notice, violated emergency meeting requirements, did not place the agenda item in the appropriate section of the agenda, and did not include the language of the resolution.
DECIDED: No FOIA violation was found.
Read More20-IB09 2/27/2020 FOIA Opinion Letter to Mr. James Owen re: FOIA Complaint Concerning New Castle County
The Petitioner alleged that New Castle County violated FOIA by failing to complete a review of its records as it committed to do and by improperly denying access to records under the pending or potential litigation exemption.
DECIDED: The County violated FOIA by failing to timely give a reason for its delay and a good faith estimate of time needed to respond to the request. However, as it was determined that the request was ultimately properly denied under the potential litigation exemption, no remediation was recommended.
Read More20-IB08 2/25/2020 FOIA Opinion Letter to Mr. Randall Chase re: FOIA Complaint Concerning the Delaware River and Bay Authority
Petitioner alleged that the Delaware River and Bay Authority violated FOIA’s open meeting requirements by holding an improper executive session.
DECIDED: Delaware River and Bay Authority is not subject to Delaware’s FOIA law, and therefore, the petition is dismissed.
