23-IB28 10/3/2023 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Indian River School District
Petitioner alleged that at the August 16, 2023 meeting, the Board unconstitutionally restricted free speech; the Board failed to state the reason for the executive session when voting to go into executive session; the Board voted on “personnel agendas” at its June 26, 2023 and August 16, 2023 meetings that do not give information about the positions or the individuals in question; and the District’s refusal to provide information about staff suspensions is improper under state law and violates the District’s own past practices.
DECIDED: The Board violated FOIA by providing insufficient notice to the public in its June 26, 2023 and August 16, 2023 agendas. However, the Board did not violate FOIA by failing to state verbally the purpose of the executive sessions during its vote to enter the August 16, 2023 executive session. This Office lacked the authority to decide the remaining claims.
Read More23-IB27 09/18/2023 FOIA Opinion Letter to Dr. Robert Heiligman re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) improperly denied a request for an electronic copy of the necropsy report for a pudu solely based on citizenship.
DECIDED: DNREC did not violate FOIA by denying access to the requested record.
23-IB26 09/18/2023 FOIA Opinion Letter to Dwayne Bensing re: FOIA Complaint Concerning the City of Wilmington
Petitioner alleged that the City of Wilmington improperly denied requests for certain records related to Operation Safe Streets and the Governor’s Task Force under the pending litigation exemption.
DECIDED: The City did not violate FOIA by denying access to certain records pursuant to the pending litigation exemption.
Read More23-IB25 08/15/2023 FOIA Opinion Letter to Erica Lindsey re: FOIA Complaint Concerning the City of Delaware City
Petitioner alleged that voting on the permit less than fifteen days after the public hearing is a violation of applicable law; that a certain councilmembers’ vote was substantively inconsistent with the councilmember’s answers to questions; and that the City failed to post its April meeting minutes, and any subsequent meeting minutes, to its website.
DECIDED: The City did not violate FOIA by failing to post meeting minutes to its website. This Office lacks the authority to determine the remaining claims.
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23-IB24 08/09/2023 FOIA Opinion Letter to Meredith Newman 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 failing to provide updates and good faith estimates of the time needed to fulfill two FOIA requests.
DECIDED: The DHSS violated FOIA by failing to provide good faith estimates of the time needed, as required by the FOIA statute.
Read More23-IB23 08/08/2023 FOIA Opinion Letter to Excellent Asare re: FOIA Complaint Concerning the City of Dover
Petitioner alleged that the City of Dover improperly denied a FOIA request for a list of properties with their water shut off.
DECIDED: As the City provided sworn testimony that it does not have a responsive record, it was determined that no violation of FOIA occurred.
Read More23-IB22 08/01/2023 FOIA Opinion Letter to Brandon Holveck re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) improperly denied a request for various records of the Diamond State Port Corporation related to its selection of an operator for the Port of Wilmington.
DECIDED: DNREC did not violate FOIA by denying access to these requested records.
Read More23-IB21 07/25/2023 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Indian River School District
Petitioner alleged that the Indian River School District improperly denied a request for certain employment information and District polices. In addition, the Petition claimed that the District improperly failed to maintain an online portal for accepting FOIA requests.
DECIDED: The District violated FOIA by failing to meet it burden to justify its denial of access to the employment information requested. No violations were found with respect to the Petition’s claims about the online portal or the requested policies.
Read More23-IB20 07/12/2023 FOIA Opinion Letter to Warren Rosenkranz re: FOIA Complaint Concerning the Villages of Arden, Ardentown, and Ardencroft
Petitioner alleged that the Villages of Arden, Ardentown, and Ardencroft violated FOIA by failing to post the June 26, 2023 meeting notices on their websites and by scheduling these meetings in Arden.
DECIDED: As the Villages are not required to post their meeting notices and agendas on their website and the meetings’ locations were compliant with FOIA, no FOIA violation occurred.
Read More23-IB19 07/03/2023 FOIA Opinion Letter to Tamara Skis re: FOIA Complaint Concerning the Town of Ellendale
Petitioner alleged that the Town failed to respond to two requests for meeting minutes and the most current decorum policy.
DECIDED: The Town has violated FOIA by failing to meet its burden to justify its denial of access to these requested records.
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