21-IB30 11/17/2021 FOIA Opinion Letter to Susan Dixon and James Haubrich re: FOIA Complaint Concerning the Delaware Department of Elections
Petitioner alleged that the Delaware Department of Elections improperly denied access to certain voting records and voting equipment.
DECIDED: The Office determined that the Department properly denied access to the physical equipment as equipment is not a public record subject to FOIA and the requested voting records were exempt from disclosure pursuant to 29 Del. C. 10006(o)(6).
Read More21-IB29 11/04/2021 FOIA Opinion Letter to Amanda Fries re: FOIA Complaint Concerning the City of Wilmington
Petitioner alleged that the City of Wilmington improperly denied its request for records of the City’s towing contractors.
DECIDED: The City did not violate FOIA by refusing to provide records that pertain to pending litigation.
Read More21-IB28 10/25/2021 FOIA Opinion Letter to Jeffrey C. Smith re: FOIA Complaint Concerning the Delaware Department of Transportation
Petitioner alleged that the Delaware Department of Transportation (“DelDOT”) violated FOIA by denying a records request.
DECIDED: This petition was dismissed without consideration of the merits, because the FOIA request at issue did not indicate it was made by or on behalf of the organization submitting the petition. Under FOIA, the party denied access to the requested records is the sole party with standing to challenge a public body’s denial of access to records.
Read More21-IB27 10/25/2021 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Office of the Auditor of Accounts
Petitioner alleged that the Office of the Auditor of Accounts (“AOA”) violated FOIA by failing to keep accurate FOIA logs and also requesting the validity of AOA’s assertion that it could not locate its FOIA log for 2018.
DECIDED: The AOA, for a period of more than three years, failed to maintain its FOIA logs in accordance with 29 Del. C. § 10003(g)(3), and the balance of the petition is moot.
Read More21-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.
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