26-IB06 02/03/2026 FOIA Opinion Letter to Gary Binns re: New Castle County
Petitioner alleged that New Castle County violated FOIA in failing to produce all responsive records to the petitioner’s request for records related to the subject property and related easement. The petition also alleges that the County violated FOIA by delivering its initial document production in a single, mixed-up file, instead of separate documents with specific descriptions.
DECIDED: The County did not violate FOIA as alleged in the petition.
Read More26-IB05 02/03/2026 FOIA Opinion Letter to James Eaves re: Delaware State Police
Petitioner alleged that the Delaware State Police improperly denied a FOIA request for body camera footage related to two cases.
DECIDED: As the investigatory files exemption applies to the requested footage, no violation of FOIA was found.
Read More26-IB04 01/16/2026 FOIA Opinion Letter to Brandy Topolski re: Delaware Department of Education
Petitioner alleged that the Delaware Department of Education violated FOIA by charging unreasonable and improper fees to access records that are in the Department’s custody but held by an outside firm. The petition also alleges that conditioning access on full payment of the contractor fee in advance violates FOIA.
DECIDED: The Department did not violate FOIA by requiring payment of all estimated fees in advance. As some requested information is likely not subject to disclosure under Section 10002(o)(17), it is recommended that the Department review the potential scope of records to exclude those types of records subject to this exemption and provide a new cost estimate.
Read More26-IB03 01/13/2026 FOIA Opinion Letter to Janet Todd re: Town of Greenwood
Petitioner alleged that the Town of Greenwood violated FOIA by holding executive sessions on August 13, 2025 and December 8, 2025 regarding the petitioner, despite the petitioner’s request that any discussions of job performance be held in open session.
DECIDED: The Town did not violate FOIA, because the Town Council’s executive sessions were authorized by the exception for strategy sessions for potential litigation in Section 10004(b)(4).
Read More26-IB02 01/09/2026 FOIA Opinion Letter to Tymir Thompkins re: City of Wilmington
Petitioner alleged that the City of Wilmington improperly denied access to interview panelists’ records regarding a job position for which the petitioner interviewed.
DECIDED: As these records were exempt pursuant to the common law right of privacy under Section 10002(o)(6), the City did not violate FOIA by denying access to the requested records.
Read More26-IB01 01/09/2026 FOIA Opinion Letter to Talia Mann re: Delaware State Housing Authority
Petitioner alleged that the Delaware State Housing Authority violated FOIA by: (1) withholding the petitioner’s tenant program application records submitted to the Authority; (2) withholding records required to be produced by the Authority’s hearing process and other federal programs; (3) denying the requests by email, rather than a formal letter; and (4) disregarding the retention laws applicable to the requested records.
DECIDED: The Authority violated FOIA by failing to meet its burden to demonstrate that access to the tenant program application records was properly denied under FOIA. The remaining claims do not constitute violations of FOIA.
Read More25-IB66 12/22/2025 FOIA Opinion Letter to Brandy Topolski re: Redding Consortium for Educational Equity
Petitioner alleged that the Redding Consortium for Educational Equity violated FOIA by creating barriers to access at its November 18, 2025 meeting. The petition also made claims regarding other unspecified meetings and public records requests and alleged that the Consortium improperly scheduled meetings at the same time as other educational public bodies.
DECIDED: The Consortium did not violate FOIA at the November 18, 2025 meeting. The remaining claims are not appropriate for consideration.
Read More25-IB65 12/19/2025 FOIA Opinion Letter to Gordon Putnik re: New Castle County
Petitioner alleged that New Castle County improperly denied a request for records related to a law enforcement incident.
DECIDED: As the investigatory files exemption and security exemption apply to this request, the County was found not be in violation for denying access to the requested records.
Read More25-IB64 12/16/2025 FOIA Opinion Letter to Michael Platt re: City of New Castle
Petitioner alleged that the City violated FOIA by holding a Council meeting on November 9, 2025 about public business without complying with FOIA’s open meeting requirements. In addition, the petitioner alleged that a councilmember improperly used private email for public business; the Council made a decision about public business at this meeting; and statements made on the official Mayor social media account did not reflect the public nature of the meeting.
DECIDED: The City did not violate FOIA by holding the November 9, 2025 meeting without complying with FOIA’s open meeting requirements. The remaining claims are outside the scope of this Office’s authority to decide through this petition process.
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25-IB63 12/16/2025 FOIA Opinion Letter to John Reiss re: Town of Blades
Petitioner alleged that the Town of Blades violated FOIA by failing to give proper notice to the public that a first reading of an ordinance about real estate property taxes was planned for the November 10, 2025 Town Council meeting.
DECIDED: The Town did not violate FOIA by failing to convey in its agenda that a “first reading” of this ordinance was planned for this meeting
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