22-IB31 08/26/2022 FOIA Opinion Letter to Amy Roe re: FOIA Complaint Concerning the Childhood Lead Poisoning Committee, Delaware Department of Health and Social Services
Petitioner alleged that the Childhood Lead Poisoning Committee and its subcommittees, which are administratively supported by the Delaware Department of Health and Social Services, failed to meet their obligations to maintain and post minutes for certain Committee and subcommittee meetings.
DECIDED: The Childhood Lead Poisoning Committee and its subcommittees violated FOIA.
Read More22-IB30 08/24/2022 FOIA Opinion Letter to India Scott re: FOIA Complaint Concerning the Caesar Rodney School District Board of Education
Petitioner alleged that the Caesar Rodney School District Board of Education violated FOIA by precluding her from providing public comment at the July 26, 2022 Board meeting and by improperly noticing the change to the start time of the April 12, 2022 Board meeting.
DECIDED: It was determined that the Board violated FOIA by failing to meet its burden to demonstrate that the rescheduled April 12, 2022 meeting was properly noticed, but the allegations about the public comment period at the July 26, 2022 meeting did not constitute a violation of FOIA.
Read More22-IB29 08/23/2022 FOIA Opinion Letter to John W. Paradee re: FOIA Complaint Concerning the Delaware Department of Transportation
Petitioner alleged that DelDOT improperly denied its request for records under the potential litigation exemption.
DECIDED: DelDOT has not met its burden of demonstrating that the potential litigation exemption applies to the entirety of this request.
Read More22-IB28 08/23/2022 FOIA Opinion Letter to Dan Shortridge re: FOIA Complaint Concerning the Delaware Auditor of Accounts
Petitioner alleged that the Delaware Auditor of Accounts violated FOIA with regard to a records request and failed to meet the 15 business day statutory deadline.
DECIDED: The petition is now moot because the Delaware Auditor of Accounts provided an affidavit response to the request.
Read More22-IB27 08/19/22 FOIA Opinion Letter to John Reiss re: FOIA Complaint Concerning the Town of Blades
Petitioner alleged that the Town violated FOIA by considering and voting on certain items at the meeting without proper notice on the agenda.
DECIDED: The Town violated the open meeting requirements by failing to justify its decision to discuss employee bonuses and raises in private and by failing to provide any notice on the June 13, 2022 meeting agenda of employee bonuses, employee raises, or the water line extension project discussed and voted on at its Council meeting.
Read More22-IB26 08/12/2022 FOIA Opinion Letter to Erin Markham re: FOIA Complaint Concerning the City of Wilmington
Petitioner alleged that the spreadsheet produced in response to her FOIA request was incomplete and she could not reasonably be expected to interpret the data.
DECIDED: No FOIA violation occurred. FOIA does not require a public body to create a new record or to interpret any provided data in response to a request.
Read More22-IB25 07/20/2022 FOIA Opinion Letter to Janice Lorrah re: FOIA Complaint Concerning the Senate Elections & Government Affairs Committee
Petitioner alleged that the Senate Elections and Government Affairs Committee violated FOIA by holding a virtual meeting without an anchor location, voting outside the meeting, and removing her from the latter portion of this virtual meeting.
DECIDED: The majority of the Petition’s allegations are not appropriate for resolution. However, the Committee did not violate FOIA by holding a virtual meeting without an anchor location.
Read More22-IB24 07/11/2022 FOIA Opinion Letter to Jared T. Green re: FOIA Complaint Concerning the Delaware Department of Transportation
Petitioner alleged that DelDOT improperly denied his request under the pending or potential litigation exemption.
DECIDED: No FOIA violation occurred as alleged.
Read More22-IB23 07/07/2022 FOIA Opinion Letter to John Reiss re: FOIA Complaint Concerning the Town of Blades
Petitioner alleged that the Town of Blades violated FOIA by improperly charging fees related to his request and by failing to timely post a meeting notice and agenda on its website.
DECIDED: The Town violated FOIA with respect to its charges for the request, but the Town did not violate FOIA by posting its Town Council meeting notice and agenda on its website three days before the meeting.
Read More22-IB22 06/03/2022 FOIA Opinion Letter to Councilmember Linda Gray re: FOIA Complaint Concerning the City of Wilmington
Petitioner alleged that the Wilmington City Council held private meetings in violation of FOIA.
DECIDED: The petition has not formed a sufficient basis to determine whether City Council privately met in violation of FOIA.
Read More
