11-IB15 11/16/11 FOIA Opinion Letter to Mr. Parisi re: FOIA Complaint Concerning the Department of Corrections
Requester sought records of Department of Labor, Office of Labor Law Enforcement (DOL), relating to inspections concerning the prevailing wage laws or contractor fraud laws. DOL alleged that all responsive information was excluded from disclosure because such information constituted part of investigative files compiled for civil or criminal law-enforcement purposes. Held that DOL’s interpretation of the exemption was overly broad, and should instead be limited to those records of investigation where disclosure would impede or inhibit the enforcement of law.
Read More11-IB10 08/15/11 FOIA Opinion Letter to Ms. Shirey re: FOIA Complaint Against Larel School Board
Laurel School District posted an agenda for an executive session for “discussion of collective bargaining and/or pending or potential litigation and/or Personnel.” They discussed (a) cost of extra pay period in year; (b) qualifications of applicant for Construction Liaison; (c) financial reasons for Construction Liaison versus Building and Grounds Supervisor; (d) personnel recommendation for a vacant position; (e) update on a lawsuit; and (f) need for confidentiality of matters discussed in executive session. Held that public discussion and vote for hiring of construction liaison made mislabeling of agenda as “personnel” instead of “hiring” matter harmless error. However, the District violated FOIA as to (a), (c), (e), and (f) and must remedy such violations by including such items on an agenda for the next public meeting and providing DOJ with a copy once posted.
Read More11-IB09 08/01/11 FOIA Opinion Letter to Mr. Malcolm re: FOIA Complaint Concerning Delaware State University
Petitioner complained that Delaware State University (DSU) had provided an estimate of $5,500 of the charges to provide the requested public records. DSU violated FOIA by advising requester of fee when DSU did not have a fee policy in place, and as a result, could only charge the actual cost of reproducing the records in question.
Read More11-IB07 RE: Freedom of Information Act Complaint Against Camden Wyoming Sewer & Water Authority
Requester sought information about total compensation paid to employees and outside service providers in calendar year 2010. Held that because legislature amended FOIA to expressly include sewer and water authorities, the Camden-Wyoming Sewer and Water Authority (CWSWA) is a public body, and because records including information about employee compensation relate to public business of the CWSWA, the CWSWA violated FOIA by failing to provide such records.
Read More11-IB07 RE: Freedom of Information Act Complaint Against Camden Wyoming Sewer & Water Authority
Requester sought information about total compensation paid to employees and outside service providers in calendar year 2010. Held that because legislature amended FOIA to expressly include sewer and water authorities, the Camden-Wyoming Sewer and Water Authority (CWSWA) is a public body, and because records including information about employee compensation relate to public business of the CWSWA, the CWSWA violated FOIA by failing to provide such records.
Read More11-IB08 05/05/11 FOIA Opinion Letter to Mr. Kramer re: FOIA Complaint Concerning the Sussex County Council
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 11-IB08 May 5, 2011 Mr. Daniel J. Kramer 8041 Scotts Store Road Greenwood, DE 19950 RE: Freedom of Information Act Complaint Against Sussex County Council Dear Mr. Kramer: By letters of March 23, 2011 and March 26, 2011, you have asked […]
Read More11-IB04 03/29/11 CDAG Opinion Letter to Ms. Milford re: FOIA Appeal Concerning Delaware Department of Transportation
Requester sought records “relating to” a parcel of land eventually purchased by DelDOT. Held that DelDOT violated FOIA when (1) DelDOT interpreted the request too narrowly when it limited response to real estate records; (2) when DelDOT provided a summary of the documents in lieu of copies of the documents; (3) DelDOT failed to do an adequate search of the records; and (4) DelDOT failed to request records from DTI in a reasonably prompt fashion. However, because all records were eventually provided, no remediation was necessary.
Read More10-IB15 11/17/10 FOIA Opinion Letter to Mr. Levine re: FOIA Complaint Concerning Delaware Interscholastic Athletic Association
Complainant assert that Delaware Interscholastic Athletic Association (“DIAA”) violated FOIA open meetings requirements concerning the agenda for the November 11th meeting by posting the agenda with less than 24 hours notice, not providing a reason for the late posting, and failing to post the minutes of the meetings within one day after the meeting was held. HELD: DIAA did not violate FOIA. Agenda was timely posted. Reason for the late posting was sufficient, but non-descript. Best practice dictates a more detailed explanation for the short notice. Minutes must be posted before the next meeting. FOIA does not require the posting of minutes immediately following the meeting.
Read More10-IB14 RE: Freedom of Information Act Complaint Against University of Delaware
Complainant asserts University violated FOIA open records requirements by refusing to provide him with copies of documents relating the wind turbine project on the University’s Lewes, DE campus. University asserts that these are not public documents because the project is not funded by public funds. HELD: University did not violate FOIA where documents requested were not public documents because no funds derived from the State or any political subdivision of the State were used for the project.
Read More10-IB11 09/08/10 FOIA Opinion Letter to Ms. Wright re: FOIA Complaint Concerning Dewey Beach
Complainant asserts Town violated FOIA open meeting requirements with respect to certain executive sessions regarding draft minutes, lack of video recording, lack of reason for executive session on agenda’s. HELD: FOIA does not require draft minutes or video recording. Town concedes that official minutes did not include reason for executive session and concedes that two agenda’s did not include reason for executive session. Town took remedial action by conducting properly noticed meetings and amending minutes.
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