23-IB32 12/1/2023 FOIA Opinion Letter to Jamila Davey re: FOIA Complaint Concerning the City of Wilmington
Petitioner alleged that the City is not permitted to assess any fees for processing this request and the City staff will not require three hours to fulfill the request.
DECIDED: The FOIA statute authorizes fees for processing FOIA requests in accordance with Section 10003, and the City did not violate FOIA by estimating three hours of staff time in this cost estimate.
Read More23-IB31 11/13/2023 FOIA Opinion Letter to Ian Riden re: FOIA Complaint Concerning the Delaware Health Information Network
Petitioner alleged that the Delaware Health Information Network (“DHIN”) improperly denied its request for records based on citizenship.
DECIDED: As DHIN does not require public bodies to provide noncitizens with access to public records, DHIN did not violate FOIA by denying access to the requested records.
Read More23-IB30 11/08/2023 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Delaware Department of Health and Social Services
Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) provided only some redacted pages in response to the request for certain employment records and claimed all other records were exempt. Petitioner further alleged that the requested records were inappropriately denied under the right of privacy.
DECIDED: The DHSS violated FOIA by failing to meet its burden of demonstrating that it appropriately searched for responsive records and by denying access to the employee’s attendance and leave records. The DHSS did not violate FOIA by denying access to the performance and discipline records under the personnel file exemption or by its assertion of Section 10002(o)(6) without elaboration in its denial letter.
Read More23-IB29 10/10/2023 FOIA Opinion Letter to Melissa Steele re: FOIA Complaint Concerning the Delaware Department of Safety and Homeland Security
Petitioner alleged that the Delaware Department of Safety and Homeland Security (“DSHS”) violated FOIA by denying a request for investigatory records related to three teens’ criminal arrests.
DECIDED: The DSHS did not violate FOIA by denying access to the requested records.
Read More23-IB28 10/3/2023 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Indian River School District
Petitioner alleged that at the August 16, 2023 meeting, the Board unconstitutionally restricted free speech; the Board failed to state the reason for the executive session when voting to go into executive session; the Board voted on “personnel agendas” at its June 26, 2023 and August 16, 2023 meetings that do not give information about the positions or the individuals in question; and the District’s refusal to provide information about staff suspensions is improper under state law and violates the District’s own past practices.
DECIDED: The Board violated FOIA by providing insufficient notice to the public in its June 26, 2023 and August 16, 2023 agendas. However, the Board did not violate FOIA by failing to state verbally the purpose of the executive sessions during its vote to enter the August 16, 2023 executive session. This Office lacked the authority to decide the remaining claims.
Read More23-IB27 09/18/2023 FOIA Opinion Letter to Dr. Robert Heiligman 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”) improperly denied a request for an electronic copy of the necropsy report for a pudu solely based on citizenship.
DECIDED: DNREC did not violate FOIA by denying access to the requested record.
23-IB26 09/18/2023 FOIA Opinion Letter to Dwayne Bensing re: FOIA Complaint Concerning the City of Wilmington
Petitioner alleged that the City of Wilmington improperly denied requests for certain records related to Operation Safe Streets and the Governor’s Task Force under the pending litigation exemption.
DECIDED: The City did not violate FOIA by denying access to certain records pursuant to the pending litigation exemption.
Read More23-IB25 08/15/2023 FOIA Opinion Letter to Erica Lindsey re: FOIA Complaint Concerning the City of Delaware City
Petitioner alleged that voting on the permit less than fifteen days after the public hearing is a violation of applicable law; that a certain councilmembers’ vote was substantively inconsistent with the councilmember’s answers to questions; and that the City failed to post its April meeting minutes, and any subsequent meeting minutes, to its website.
DECIDED: The City did not violate FOIA by failing to post meeting minutes to its website. This Office lacks the authority to determine the remaining claims.
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23-IB24 08/09/2023 FOIA Opinion Letter to Meredith Newman re: FOIA Complaint Concerning the Delaware Department of Health and Social Services
Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) violated FOIA by failing to provide updates and good faith estimates of the time needed to fulfill two FOIA requests.
DECIDED: The DHSS violated FOIA by failing to provide good faith estimates of the time needed, as required by the FOIA statute.
Read More23-IB23 08/08/2023 FOIA Opinion Letter to Excellent Asare re: FOIA Complaint Concerning the City of Dover
Petitioner alleged that the City of Dover improperly denied a FOIA request for a list of properties with their water shut off.
DECIDED: As the City provided sworn testimony that it does not have a responsive record, it was determined that no violation of FOIA occurred.
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