22-IB37 10/11/2022 FOIA Opinion Letter to Thaddeus J. Weaver re: FOIA Complaint Concerning the Office of the Governor
Petitioner alleged that the Office of the Governor (“OGov”) improperly denied the request for records related to a project to construct a container port in New Castle County.
DECIDED: OGov did not violate FOIA by denying access to the requested records by invoking the pending litigation exemption.
Read More22-IB36 09/30/2022 FOIA Opinion Letter to Esteban Parra re: FOIA Complaint Concerning the Division of Forensic Science, Delaware Department of Safety and Homeland Security
Petitioner alleged that the Division of Forensic Science (“DFS”) of the Delaware Department of Safety and Homeland Security (“DSHS”) improperly denied the request for the date of death of a deceased gunshot victim.
DECIDED: DFS did not violate FOIA by denying access to the requested records, as they are exempt from disclosure under FOIA.
Read More22-IB35 09/23/2022 FOIA Opinion Letter to Jack Guerin re: FOIA Complaint Concerning the Delaware Office of the Auditor of Accounts
Petitioner alleged that the Office of the Auditor of Accounts violated FOIA by failing to respond to the FOIA request.
DECIDED: The Office of the Auditor of Accounts violated FOIA by not providing a response to the FOIA request.
Read More22-IB34 09/15/2022 FOIA Opinion Letter to Tom Irvine re: FOIA Complaint Concerning the Town Council of Georgetown
Petitioner alleged that three members of the Town Council of Georgetown violated FOIA by privately meeting to sign and deliver a check to a historical society.
DECIDED: A quorum of the Town Council violated FOIA by privately discussing and taking action on the Georgetown Historical Society’s grant check without complying with the open meeting requirements.
Read More22-IB33 09/01/2022 FOIA Opinion Letter to Jack Guerin re: FOIA Complaint Concerning the Fort DuPont Redevelopment and Preservation Corporation
Petitioner alleged that the Fort DuPont Redevelopment and Preservation Corporation (“FDRPC”) violated FOIA by improperly denying the request for the minutes of a certain Finance Committee meeting.
DECIDED: The FDRPC violated FOIA by failing to meet its burden to justify denial of access to the requested minutes.
Read More22-IB32 08/31/2022 FOIA Opinion Letter to Barbara L. Bullock re: FOIA Complaint Concerning the City of Harrington
Petitioner alleged that the City of Harrington violated FOIA by failing to respond to the request within fifteen business days.
DECIDED: No violation of FOIA was found.
Read More22-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.
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