21 – IB14 06/30/2021 FOIA Opinion Letter to Maria Payan, et al. re: FOIA Complaint Concerning Sussex County
Petitioners alleged that Sussex County failed to give proper notice of a Council meeting and the Industrial Revenue Bond Committee public hearing.
DECIDED: Counties are excluded from the requirement to post its notices and agendas online. No FOIA violation was found, as the Council and Industrial Revenue Bond Committee properly posted its physical notices for the Council meeting and public hearing regarding the Bond application.Read More
21 – IB13 06/23/2021 FOIA Opinion Letter to Amanda Fries re: FOIA Complaint Concerning Delaware Department of Health and Social Services
Petitioner alleged that the Delaware Department of Health and Human Services violated FOIA by failing to identify the specific records it withheld and by giving excessive cost and time estimates.
DECIDED: No FOIA violation found.Read More
21 – IB12 05/18/2021 FOIA Opinion Letter to Kenneth T. Kristl re: FOIA Complaint Concerning the Delaware Department of Agriculture
Petitioner alleged that his client’s requests for records submitted to the Delaware Department of Agriculture were improperly denied. The Department asserted that the records were exempt by statute, pursuant to 29 Del. C. 10002(l)(6) and 3 Del. C. 2247.
DECIDED: The Department did not meet its burden to justify its denial of access to the requested records.Read More
21 – IB11 05/12/2021 FOIA Opinion Letter to Jason M. Schupp re: FOIA Complaint Concerning the Delaware Department of Insurance
Petitioner alleged that the Delaware Department of Insurance improperly denied his request on the basis of his status as a non-citizen and on the basis of other statutory provisions applicable to the Department.
DECIDED: No violation of FOIA occurred as alleged in the petition.Read More
21 – IB10 05/04/2021 FOIA Opinion Letter to Millard E. Price re: FOIA Complaint Concerning Delaware Department of Corrections
Petitioner alleged that DOC improperly denied his request for DOC policies and other records.
DECIDED: No FOIA violation occurred, as 29 Del. C. 10002(l)(13) exempts any records in DOC’s possession which are sought by an inmate in DOC’s custody.Read More
21 – IB09 04/22/2021 FOIA Opinion Letter to Mackenzie H. Wrobel re: FOIA Complaint Concerning Delaware Department of Insurance
Petitioner alleged that the Department of Insurance improperly cited exemptions in response to its request for certain records.
DECIDED: The Department did not violate FOIA in denying the items in the request on the basis of the pending or potential litigation exemption, the statutory exemption for examination work papers, and the investigatory files exemption.Read More
21 – IB08 04/21/2021 FOIA Opinion Letter to Ameera Shaheed re: FOIA Complaint Concerning City of Wilmington
Petitioner alleged that the City of Wilmington failed to respond to a request for records.
DECIDED: No FOIA violation occurred, as the City provided evidence of its timely response to the request.Read More
21-IB07 3/24/21 FOIA Opinion Letter to Kathy Hughes re: FOIA Complaint Concerning Delaware State Police
Petitioner alleged that the Delaware State Police (“DSP”) improperly denied her request for a criminal complaint.
DECIDED: DSP did not violate FOIA, as the investigatory files exemption applies to the criminal complaint.
21-IB06 3/8/21 FOIA Opinion Letter to Xerxes Wilson re: FOIA Complaint Concerning City of Wilmington
Petitioner alleged that that the City of Wilmington improperly denied his request for investigatory records related to a fire in Wilmington. The cause of the fire was not determined, and the investigation was marked undetermined/closed. The investigator reserved the ability to modify the investigative conclusion if new evidence was discovered.
DECIDED: The City did not violate FOIA by denying access to these records, as the City verified the records pertain to investigatory files for criminal law enforcement and this exemption applies even after the investigation is closed.
21-IB05 3/5/21 FOIA Opinion Letter to Jordan Howell re: FOIA Complaint Concerning the Department of State
Petitioner alleged that the Department of State violated FOIA by failing to provide certain records responsive to his request for conference materials.
DECIDED: As the Department verified that the specific records requested do not exist, no FOIA violation was found.