99-IB12 RE: Freedom of Information Act Complaint Against Brandywine School District
The Complainant alleged that the Brandywine School District had violated the Freedom of Information Act (“FOIA”) by failing to provide him with the names of the District Advisory Committee and such committee’s report and recommendations. The district responded that no such committee had been created, and it could not provide documents that did not exist. Held: Neither federal nor Delaware law requires a state agency to create a document that does not exist in order to satisfy a FOIA request. There was therefore no FOIA violation.
Read More99-IB03: Re: Freedom of Information Act Complaint Against Town of Bethany Beach
The Complainant alleged that the Town of Bethany Beach had violated the Freedom of Information Act (“FOIA”) by (i) meeting in executive sessions on three occasions for purposes not authorized by law; and (ii) not giving the required notice of a special meeting held on February 19, 1999. The Town admitted that its Council had gone into executive session on the three days indicated and that it had not given the seven days notice of the special meeting typically required by FOIA, but argued that it had appropriate reasons for doing so. Held: With respect to the executive sessions, the Attorney General’s office reviewed the confidential minutes of the executive sessions and determined that they were held for appropriate purposes – to discuss personnel matters as they relate to specific employees. As for the notice of the Special Meeting, the notice itself was timely – because it was posted more than 24 hours before the meeting – but it was otherwise deficient because it did not explain the reasons why the Town was unable to meet the typical 7-day advance notice requirement. The Town was not required to recall the meeting.
Read More98-IB13: RE: Freedom of Information Act Complaint Against Town of Laurel
Complainant alleged that the Town of Laurel violated FOIA by denying him access to copies of notices set out by the Code Enforcement Officer from April 1, 1997 to March 31, 1998 regarding violations of the Housing Code. Town responded that these were exempted from disclosure under the investigative file exemption and the common law right of privacy. HELD: Investigative file exemption applies even after the file has been closed, and the exemption applies to administrative agencies, not just criminal law enforcement agencies. The notices requested were not public records for purposes of FOIA.
Read More98-IB07 Re: Sworn Payroll Information 29 Del. C. § 10002
The Secretary of Labor requested an opinion regarding whether FOIA required the disclosure of sworn payroll statements filed by contractors, with the exception of employee social security numbers. The AG previously determined that such documents were public records, relying heavily on I.B.E.W. v. United States Dep’t of Hous. & Urban Dev., 852 F.2d 87 (3d Cir. 1998), which permitted the disclosure of employee names and addresses, but not social security numbers, under FOIA. The Third Circuit later modified its earlier decision, finding that the disclosure of employees’ names and addresses is no longer required as a consequence of heighted personal privacy concerns raised by decisions in other Circuits and the SCOTUS. HELD: Based on recent Third Circuit precedent, the DOL should discontinue the practice of releasing the names and addresses of employees listed in sworn payroll reports, and the DOL is not required to release the names and addresses of apprentices registered in the Department’s Apprenticeship and Training Program in order to protect the personal privacy of those apprentices. Attorney General Opinion No. 95-IB03 (Jan. 25, 1995) rescinded.
Read More97-IB20: RE: Freedom of Information Act Complaint Against Cape Henlopen School Dis
Complainant alleged that the Cape Henlopen School District violated FOIA by holding a meeting without providing proper notice to the public, or disclosing on the agenda that the district might vote to spend public monies for new locally funded teaching positions. The District argued that the issue arose at the meeting, so could not be disclosed in advance. HELD: The District did not violate FOIA’s notice requirements. The meeting was attended by a number of parents and teachers, including the complainant, the public was not misled by the agenda posted, and the conversation evolved into a substantive discussion that arose during the course of the meeting consistent with FOIA.
Read More97-IB17: RE: Freedom of Information Act Complaint Against City of New Castle
Complainant alleged that the Council of the City of New Castle violated FOIA’s open meeting requirements by holding a meeting of the Public Safety Review Committee without providing adequate notice to the public. HELD: The committee violated FOIA’s open meetings laws when it (i) failed to provide 7 days notice of its meetings; and (ii) the notices posted failed to include meeting agendas. No remediation required, however, since these were technical violations of FOIA.
Read More97-IB15 RE: Freedom of Information Act Complaint Against Caesar Rodney School District
Del. Op. Atty. Gen. 97-IB15 (Del.A.G.), 1997 WL 606474 Office of the Attorney General State of Delaware Opinion No. 97–IB15 August 22, 1997 RE: Freedom of Information Act Complaint Against Caesar Rodney School District *1 Mr. David Burke 66 West Fairfield Drive Dover, DE 19910 Dear Mr. Burke: By letter dated June 30, 1997 (received […]
Read More97-IB13: RE: Freedom of Information Act Complaint Against City of Lewes
Complaint alleged that the City of Lewes violated FOIA’s open meeting requirements by not providing the required notice of meetings where public business was discussed. HELD: The public body violated FOIA by (i) failing to post agenda for meetings of the Personnel Policy Review Committee; and (ii) failing to maintain minutes of those meetings. Additionally, a joint meeting between members of the City Council and the Chamber of Commerce to discuss public business constituted a “meeting” for purposes of FOIA, even though no formal action was taken by the body. However, neither the Chamber of Commerce nor the City was required to provide notice of the meeting because the bodies were not a “public body” for purposes of FOIA because the Mayor and Council members in attendance were only there for informational purposes and did not actively participate in discussions of public business that were later the subject of formal action by the City Council at one of its own meetings. Since the meetings were recorded, City ordered to create minutes of the Committee meetings to date as remediation, and to prepare minutes for all future meetings. The Committee also ordered to notice a special meeting to discuss any formal report or recommendation made by the Committee since its inception, and to give proper notice of that meeting to the public so that interested citizens can attend and comment.
Read More97-IB08 RE: Freedom of Information Act Complaint Against Sussex County
Complaint alleged that Sussex County violated FOIA by not providing him with a copy of the official complete billing submitted by Delmarva Paving to whomever it was sent for the paving of a road. The County responded that it did not have responsive records in its custody and control because the contractor at issue was a subcontractor, and the country received no bills directly from Delmarva. HELD: FOIA cannot be used to compel production of documents in the possession of a private contractor. A general contractor’s “private negotiations with its subcontractors” are not a proper subject of public scrutiny.
Read More97-IB05 RE: Freedom of Information Act Complaint Against Town of Laurel
Complainant alleged that the Town of Laurel denied his request to inspect and copy public records HELD: The Town did not violate the public records provisions of FOIA because the Town made available to complainant for inspection and copying most of the public records requested, and the documents it did not disclose are specifically exempted under FOIA because they related to pending litigation and the attorney client privilege (letters to counsel relating to a bankruptcy proceeding, letters to attorneys related to outstanding amounts due for water, sewer, trash, and real estate taxes, and a letter from counsel to a client relating to bankruptcy proceedings and sale of properties for tax delinquencies), and the common law right of privacy (parking tickets).
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