13-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 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.
Read More12-IIB13 12/21/12 FOIA Opinion Letter to Ms. Margaret McKay re: FOIA Complaint Against Capital School District Board
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 12-IIB13 December 21, 2012 VIA EMAIL AND REGULAR MAIL Ms. Margaret McKay League of Women Voters of Delaware 2400 W. 17th Street Clash Wing, Room 1, Lower Level Wilmington, DE 19806 lwvde@voicenet.com Re: FOIA Complaint Against Capital School District Board Dear […]
Read More12-IIB12: RE: FOIA Opinion Letter to Ms. Margaret McKay re: FOIA Complaint Against Capital School District Board
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 12-IIB12 November 21, 2012 VIA EMAIL AND REGULAR MAIL Ms. Margaret McKay League of Women Voters of Delaware 2400 W. 17th Street Clash Wing, Room 1, Lower Level Wilmington, DE 19806 lwvde@voicenet.com Re: FOIA Complaint Against Capital School District Board Dear Ms. […]
Read More12-IIB11: RE: FOIA Opinion Letter to Mr. Gerald A. Lechliter re: FOIA Petition Against City of Lewes
Petitioner alleged that the City Council of the City of Lewes had violated open meeting requirements at the January 11, 2010 Council meeting.
Read More12-IIB10 7/27/12 FOIA Opinion Letter to Mr. Andrew Staub re: FOIA Petition against the City of Wilmington – The News Journal Request for City of Wilmington Police Compensation Records
The City of Wilmington refused to disclose salary information for law enforcement officers and claimed that such information exempt from disclosure under FOIA. It was held that the burden of justifying the withholding of records is on the custodian, that exemptions from disclosure are to be applied narrowly and that as a general matter, salary information falls within the definition of public record. As a result, Wilmington was directed to disclose the information.
Read More12-IIB09 7/13/12 FOIA Opinion Letter to Mr. Dell Tush re: FOIA Complaint against the Town Council of Dewey Beach with Attachment: FOIA Remedies Agreement
Petitioner alleged that the Town of Dewey had failed to provide proper notice as to the topics to be discussed in the executive sessions of the two November 2011 meetings. DOJ held that the agendas for those meetings failed to specify the topics to be discussed in executive session and as a result, did not comply with the open meeting requirements, such that the actions taken during the meetings were voidable. Following a review of the agendas and minutes for all of the meetings of the Town Council of Dewey Beach from January 2011 through April 2012, it was determined that there was a pattern to disregard the open meeting requirements. DOJ and the Town of Dewey Beach entered into a FOIA Remedies Agreement pursuant to which Dewey was required to cooperate with DOJ to ensure that Dewey would comply with the open meeting requirements moving forward.
Read More11-IB16 12/05/11 FOIA Opinion Letter to the Honorable McMahon re: FOIA Complaint Concerning the Department of Labor
Inmate of Department of Corrections sought records from the Department of Corrections. Held that public records do not include records of the Department of Corrections when sought by an inmate in the Department’s custody, so the records sought are not public records subject to disclosure.
Read More
