24-IB37 09/17/2024 FOIA Opinion Letter to Jeremy Goldman re: New Castle County
24-IB37
Petitioner alleged that New Castle County Department of Land Use failed to provide responsive records to a request for complaints regarding a particular property’s grading.
DECIDED: As the County demonstrated that an adequate search was conducted and no responsive records were found, it was concluded that no violation of FOIA occurred.
Read More24-IB36 09/17/2024 FOIA Opinion Letter to Aaron Wieczorek re: Caesar Rodney School District
Petitioner alleged that the Caesar Rodney School District violated FOIA by inappropriately denying this request.
DECIDED: As the District demonstrated that the pending litigation exemption applies, no violation of FOIA was found.
Read More24-IB35 09/02/2024 FOIA Opinion Letter to Tamara Skis re: Town of Ellendale
Petitioner alleged that the Town of Ellendale failed to timely respond to a request and did not provide the audio recording that was requested.
DECIDED: As the timeliness claim was moot and the Town met its burden to demonstrate that the recording did not exist, no violation of FOIA was found.
Read More24-IB34 08/28/2024 FOIA Opinion Letter to Rita M. Carnevale re: City of Wilmington
Petitioner alleged that the City of Wilmington untimely responded to the petitioner’s request and failed to provide responsive records.
DECIDED: As the timeliness claim was moot and the City met its burden to demonstrate that its failure to produce the requested list is compliant with FOIA, no violation of FOIA was found.
24-IB33 08/15/2024 FOIA Opinion Letter to Karl Baker re: FOIA Complaint Concerning State of Delaware Office of Pensions
Petitioner alleged that the State of Delaware Office of Pensions improperly denied access to his request for records regarding the legislative pension.
DECIDED: As the Department demonstrated that the records were appropriately withheld under Section 10002(o)(6), no violation of FOIA occurred.
24-IB32 08/14/2024 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning Department of Elections
Petitioner alleged that the Delaware Department of Elections failed to provide responsive records to his FOIA request.
DECIDED: As the Department demonstrated that an appropriate search was conducted and no public records were found, no violation of FOIA occurred.
24-IB31 08/12/2024 FOIA Opinion Letter to Ken Grant re: FOIA Complaint Concerning City of Wilmington
Petitioner alleged that the City of Wilmington improperly denied requests for information about its parking enforcement program under the pending or potential litigation exemption.
DECIDED: As the City demonstrated the records were appropriately denied under the pending litigation exemption, no violation of FOIA was found.
24-IB30 08/09/2024 FOIA Opinion Letter to Jonathan Hamburg re: FOIA Complaint Concerning Cape Henlopen School District
Petitioner alleged that the Cape Henlopen School District inappropriately denied this request for communications regarding the selection of the candidates for eight District positions pursuant to the personnel file exemption.
DECIDED: No violation of FOIA was found, as the requested communications are protected by Section 10002(o)(6), which includes the right of privacy.
24-IB29 08/09/2024 FOIA Opinion Letter to Connie Merlet re: FOIA Complaint Concerning Christina School District Board of Education
Petitioner alleged that the Christina School District Board of Education used computers to vote at a Board meeting but did not inform the meeting attendees what those votes were or how the individual members voted. In addition, the petition claimed that the Board President improperly refused to hear a point of order, in violation of Robert’s Rules of Order.
DECIDED: The Board violated FOIA by failing to meet its burden to demonstrate that its votes at the July 9, 2024 Board meeting complied with FOIA. The second claim regarding Robert’s Rules of Order was not appropriate for consideration.
24-IB28 07/26/2024 FOIA Opinion Letter to Carol DiGiovanni re: FOIA Complaint Concerning Village of Arden
Petitioner alleged that the Village of Arden violated FOIA by holding a June 23, 2024 information session without proper notice.
DECIDED: The Village violated FOIA by failing to meet its burden to demonstrate the June 23, 2024 meeting was not subject to the open meeting requirements of FOIA.
Read More
