24-IB08 02/13/2024 FOIA Opinion Letter to Jan Konesey re: FOIA Complaint Concerning the City of Rehoboth Beach
Petitioner alleged that the City of Rehoboth Beach violated FOIA’s open meeting requirements by failing to provide notice on the agenda about selecting a solicitor, discussing the vacancy and selection of a new solicitor in executive session, and failing to provide adequate notice of this discussion in executive session on the agenda.
DECIDED: The City’s Mayor and Commissioners violated FOIA at the November 6, 2023 Special Meeting by holding a vote about selecting the new City Solicitor without sufficient public notice and by failing to meet its burden to justify that the discussions in the November 6, 2023 Special Meeting’s executive session about selecting the new City Solicitor were proper under FOIA.
Read More24-IB07 02/09/2024 FOIA Opinion Letter to Todd Austin re: FOIA Complaint Concerning the Division of Delaware State Police of the Department of Safety and Homeland Security
Petitioner alleged that the Division of Delaware State Police of the Department of Safety and Homeland Security (“DSP”) violated FOIA by denying access to certain video footage pursuant to the investigatory files exemption.
DECIDED: The DSP did not violate FOIA by denying access to the requested records.
Read More24-IB06 02/05/2024 FOIA Opinion Letter to Joelle E. Polesky and Michael D. O’Mara on behalf of Holt Logistics Corporation re: FOIA Complaint Concerning the Diamond State Port Corporation
Petitioner alleged that the Diamond State Port Corporation (“DSPC”) provided a procedurally deficient response to its request for records and improperly denied access to the requested records under pending or potential litigation exemption. Petitioner also claimed that it is entitled to an award of attorneys’ fees and costs in this matter.
DECIDED: The DSPC’s response was not procedurally deficient as alleged and the DSPC did not violate FOIA by denying access to the requested records under the pending or potential litigation exemption, except the tenth and eleventh items. The DSPC did not meet its burden of proof with respect to the tenth and eleventh items in the request and is in violation of FOIA with respect to those two items. This Office lacks the authority to award attorneys’ fees and costs in connection with this Petition.
Read More24-IB05 02/02/2024 FOIA Opinion Letter to Brian Geller re: FOIA Complaint Concerning the Town of Leipsic
Petitioner alleged that the Town of Leipsic’s Museum Review Committee is a public body and held a meeting in violation of FOIA’s open meeting laws.
DECIDED: The Committee is a public body and violated FOIA at its November 6, 2023 Committee meeting by failing to comply with FOIA’s open meeting requirements.
Read More24-IB04 01/29/2024 FOIA Opinion Letter to Joelle E. Polesky and Michael D. O’Mara on behalf of Holt Logistics Corporation re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) provided a procedurally deficient response to its request for records and improperly denied access to the requested records under the pending or potential litigation exemption. Petitioner also claimed that it is entitled to an award of attorneys’ fees and costs in this matter.
DECIDED: DNREC’s response did not violate FOIA as alleged, and this Office lacks the statutory authority to award attorneys’ fees and costs in connection with a FOIA petition.
Read More24-IB03 01/24/2024 FOIA Opinion Letter to Crystal Long re: FOIA Complaint Concerning the City of Seaford
Petitioner alleged that the City of Seaford violated FOIA by not responding to each request individually and made additional non-FOIA claims.
DECIDED: The City did not violate FOIA by failing to provide an individual communication for each of the eighteen requests submitted. The other claims do not relate to the FOIA statute and are outside the scope of this Office’s authority to consider.
Read More24-IB02 01/17/2024 FOIA Opinion Letter to Jennifer Antonik re: FOIA Complaint Concerning the Caesar Rodney School District
Petitioner alleged that Caesar Rodney School District (“District”) violated FOIA by (1) failing to provide estimated fees for the November 7, 2023 request that are reasonable and minimized in compliance with the FOIA statute; (2) inappropriately denying the request for complaints; (3) failing to respond to the November 3, 2023 request and improperly combining it with the other pending request for purposes of fees; and (4) violating the open meetings laws with respect to the virtual Manga Review Committee meeting held on November 2, 2023.
DECIDED: The District violated FOIA by failing to provide sufficient evidentiary support demonstrating its cost estimate was compliant with FOIA’s requirements and its search for the requested complaints was adequate. However, the Manga Review Committee was found not to be a public body subject to FOIA’s open meeting requirements, and thus, no violation of the open meeting law occurred . The District was recommended to process the November 3, 2023 request in accordance with the FOIA statute, including its fee provisions.
Read More24-IB01 01/11/2024 FOIA Opinion Letter to Robert E. Vanella re: FOIA Complaint Concerning the Division of Delaware State Police of the Department of Safety and Homeland Security
Petitioner alleged that the Division of State Police of the Delaware Department of Safety and Homeland Security (“DSP”) improperly denied six of its requests seeking various records related to certified law enforcement officers, as these records were not exempt under 29 Del. C. § 10002(o)(1) and (17). Petitioner asserted that the DSP should fulfill these requests from its existing records.
DECIDED: The DSP did not violate FOIA by denying access to the requested records.
Read More23-IB34 12/13/2023 FOIA Opinion Letter to Dan Shortridge re: FOIA Complaint Concerning the City of Dover
Petitioner alleged that the City of Dover violated FOIA by failing to create an agenda and minutes for its review committee meeting for the Old Post Office property and to produce those records when the petitioner requested them.
DECIDED: The City’s review committee violated FOIA by failing to prepare an agenda and maintain minutes for its August 29, 2023 meeting.
Read More23-IB33 12/4/2023 FOIA Opinion Letter to Tamara Skis re: FOIA Complaint Concerning the Town Council of Ellendale
Petitioner alleged that the Ellendale Town Council’s November 1, 2023 meeting agenda violated FOIA by failing to provide the public a meaningful opportunity for engagement as required by the FOIA statute and by failing to disclose the reasons for the executive session.
DECIDED: The Town Council’s November 1, 2023 meeting agenda did not violate FOIA as alleged in the Petition. The statement in the agenda prohibiting rebuttals during the public comment period did not violate Section 10004(a), and the reasons given for the executive session on this agenda are sufficient under FOIA.
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