21-IB26 10/20/2021 FOIA Opinion Letter to Karl Baker re: FOIA Complaint Concerning the Diamond State Port Corporation
Petitioner alleged that the Diamond State Port Corporation (“DSPC”) violated FOIA by refusing to produce emails related to a draft Amendment because the draft Amendment had been presented to a public body.
DECIDED: This Office determined that DSPC may apply the draft document exception in these circumstances but recommended the DSPC undertake a review of its records and supplement its response as necessary.
Read More21-IB25 10/20/2021 FOIA Opinion Letter to Molli Carter 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 refusing to provide requested data reports.
DECIDED: The DHSS did not violate FOIA by declining to create new records.
Read More21-IB24 10/06/2021 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Ethics Committee, House of Representatives, Delaware General Assembly
Petitioner alleged that the Ethics Committee of the House of Representatives of the General Assembly (“Committee”) violated FOIA by failing to follow open meeting requirements in setting a meeting agenda.
DECIDED: As Section 10004(h)(7) expressly excludes the proceedings of ethics committees of the General Assembly from the requirements of Section 10004, the Committee has not violated FOIA by failing to meet the open meeting requirements.
Read More21-IB23 10/04/2021 FOIA Opinion Letter to Councilmember Dee Durham re: FOIA Complaint Concerning New Castle County
Petitioner alleged that New Castle County’s delay in responding to her FOIA request was unreasonable and not justified as of the date of the petition.
DECIDED: No FOIA violation occurred, as there is no indication that the County’s invocation of the need for additional time for the stated reasons was improper nor is there any evidence of the County’s bad faith in estimating its timeframes for completion.
Read More21-IB22 09/29/2021 FOIA Opinion Letter to Karl Baker re: FOIA Complaint Concerning the Delaware Department of State
Petitioner alleged the Department of State improperly assessed charges for legal review of requested documents and failed to comply with its statutory obligations to make every effort to ensure that the administrative fees are minimized and to sufficiently itemize its cost estimate.
DECIDED: The Department violated FOIA by failing to meet its burden to demonstrate that it minimized the use of nonadministrative personnel to the extent possible in responding to this request.
Read More21-IB21 09/27/2021 FOIA Opinion Letter to William Pickett re: FOIA Complaint Concerning the Indian River School District
Petitioner alleged that the Indian River School District (“IRSD”) violated FOIA by holding two votes at its August 22, 2021 meeting without providing proper notice to the public on the agenda.
DECIDED: IRSD violated FOIA as alleged in the Petition.
Read More21-IB20 09/14/2021 FOIA Opinion Letter to Leo A. Ventresca re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that DNREC improperly denied his request for records under the pending or potential litigation exemption. In addition, the petitioner alleged that DNREC failed to fulfill its obligations under the State Implementation Plan and a certain memorandum of understanding.
DECIDED: As an appeal was pending before the Environmental Appeals Board and the request related to that matter, this Office found that DNREC did not violate FOIA by denying the request under the pending litigation exemption. The remaining issues are outside the purview of this Office’s authority.
Read More21-IB19 08/18/2021 FOIA Opinion Letter to Shannon Marvel McNaught re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that DNREC improperly denied her request for septic system inspection records under the investigatory files exemption.
DECIDED: DNREC’s denial of the request was proper under the investigatory files exemption.
Read More21-IB18 08/06/2021 FOIA Opinion Letter to Bernice I. Corman re: FOIA Complaint Concerning the Delaware Department of Transportation
Petitioner alleged that her request was improperly denied on the basis of her lack of citizenship and the potential litigation exemption.
DECIDED: The request was properly denied on the basis of petitioner’s lack of citizenship.
Read More21-IB17 07/23/2021 FOIA Opinion Letter to William Pickett re: FOIA Complaint Concerning the Town of Georgetown
Petitioner alleged that the Town of Georgetown violated FOIA by voting via email outside of a public meeting regarding the observation of the Juneteenth holiday this year.
DECIDED: The Town Council violated FOIA by voting on a matter of Council business by a series of calls and emails outside of a public meeting.
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