22-IB40 10/19/2022 FOIA Opinion Letter to Scott Becker re: FOIA Complaint Concerning the Delaware Department of Safety and Homeland Security
Petitioner alleged that the Department of Safety and Homeland Security (“DSHS”) failed to respond to a FOIA request.
DECIDED: The DSHS violated FOIA by not responding to a request in accordance with the FOIA statute.
22-IB39 10/17/2022 FOIA Opinion Letter to Hannah Edelman re: FOIA Complaint Concerning the Delaware Department of Correction
Petitioner alleged that the response of the Department of Correction (“DOC”) was improper for failing to provide the information in the requested format.
DECIDED: The DOC violated FOIA, as the DOC failed to meet its burden of justifying the denial of access to the requested record.
Read More22-IB38 10/17/2022 FOIA Opinion Letter to Karl Baker re: FOIA Complaint Concerning the Delaware Department of Insurance
Petitioner alleged that the Department of Insurance employed a bad-faith delaying tactic to respond to the FOIA request with subsequent time reassessments of thirty business days.
DECIDED: The Department demonstrated that its need for additional time to respond to the request was appropriate under the statute and that no violation of FOIA occurred with respect to the Department’s estimations of when a response would be complete.
Read More22-IB37 10/11/2022 FOIA Opinion Letter to Thaddeus J. Weaver re: FOIA Complaint Concerning the Office of the Governor
Petitioner alleged that the Office of the Governor (“OGov”) improperly denied the request for records related to a project to construct a container port in New Castle County.
DECIDED: OGov did not violate FOIA by denying access to the requested records by invoking the pending litigation exemption.
Read More22-IB36 09/30/2022 FOIA Opinion Letter to Esteban Parra re: FOIA Complaint Concerning the Division of Forensic Science, Delaware Department of Safety and Homeland Security
Petitioner alleged that the Division of Forensic Science (“DFS”) of the Delaware Department of Safety and Homeland Security (“DSHS”) improperly denied the request for the date of death of a deceased gunshot victim.
DECIDED: DFS did not violate FOIA by denying access to the requested records, as they are exempt from disclosure under FOIA.
Read More22-IB35 09/23/2022 FOIA Opinion Letter to Jack Guerin re: FOIA Complaint Concerning the Delaware Office of the Auditor of Accounts
Petitioner alleged that the Office of the Auditor of Accounts violated FOIA by failing to respond to the FOIA request.
DECIDED: The Office of the Auditor of Accounts violated FOIA by not providing a response to the FOIA request.
Read More22-IB34 09/15/2022 FOIA Opinion Letter to Tom Irvine re: FOIA Complaint Concerning the Town Council of Georgetown
Petitioner alleged that three members of the Town Council of Georgetown violated FOIA by privately meeting to sign and deliver a check to a historical society.
DECIDED: A quorum of the Town Council violated FOIA by privately discussing and taking action on the Georgetown Historical Society’s grant check without complying with the open meeting requirements.
Read More22-IB33 09/01/2022 FOIA Opinion Letter to Jack Guerin re: FOIA Complaint Concerning the Fort DuPont Redevelopment and Preservation Corporation
Petitioner alleged that the Fort DuPont Redevelopment and Preservation Corporation (“FDRPC”) violated FOIA by improperly denying the request for the minutes of a certain Finance Committee meeting.
DECIDED: The FDRPC violated FOIA by failing to meet its burden to justify denial of access to the requested minutes.
Read More22-IB32 08/31/2022 FOIA Opinion Letter to Barbara L. Bullock re: FOIA Complaint Concerning the City of Harrington
Petitioner alleged that the City of Harrington violated FOIA by failing to respond to the request within fifteen business days.
DECIDED: No violation of FOIA was found.
Read More22-IB31 08/26/2022 FOIA Opinion Letter to Amy Roe re: FOIA Complaint Concerning the Childhood Lead Poisoning Committee, Delaware Department of Health and Social Services
Petitioner alleged that the Childhood Lead Poisoning Committee and its subcommittees, which are administratively supported by the Delaware Department of Health and Social Services, failed to meet their obligations to maintain and post minutes for certain Committee and subcommittee meetings.
DECIDED: The Childhood Lead Poisoning Committee and its subcommittees violated FOIA.
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