22-IB18 05/09/2022 FOIA Opinion Letter to Will Lowrey re: FOIA Complaint Concerning the Delaware Department of Agriculture
Petitioner alleged that the Delaware Department of Agriculture improperly denied its request for two items related to avian flu outbreak in Delaware.
DECIDED: The Department failed to meet its burden to justify denial of these records under 29 Del. C. § 10002(o)(3), 29 Del. C. § 10002(o)(6), and the exception for working drafts.
22-IB17 05/05/2022 FOIA Opinion Letter to Eric Marquis re: FOIA Complaint Concerning the City of Harrington
Petitioner alleged that the City of Harrington Council’s Budget Committee improperly held a meeting discussing employee bonuses in violation of FOIA.
DECIDED: The City’s Budget Committee violated FOIA by holding a meeting about this matter without complying with open meeting requirements.
Read More22-IB16 04/29/2022 FOIA Opinion Letter to Xerxes Wilson re: FOIA Complaint Concerning the Delaware Department of Correction
Petitioner alleged that the Department of Correction (“DOC”) improperly denied its requests for records related to the use of force and video footage.
DECIDED: DOC did not violate FOIA by denying access to the use of force records under the pending or potential litigation exemption and by declining to produce video footage polices that DOC staff attested did not exist.
Read More22-IB15 04/26/2022 FOIA Opinion Letter to Xerxes Wilson re: FOIA Complaint Concerning the Office of the Auditor of Accounts
Petitioner alleged that the Office of Auditor of Accounts (“AOA”) violated FOIA by improperly redacting the records responsive to his request.
DECIDED: AOA violated FOIA by failing to sufficiently justify the redactions in the responsive documents based on an exception for “working papers.”
Read More22-IB14 04/20/2022 FOIA Opinion Letter to William Weistling, Jr. re: FOIA Complaint Concerning the Town of Fenwick Island
Petitioner alleged that the Town of Fenwick Island violated FOIA by not allowing certain members of the public speak during the comment period of a public hearing.
DECIDED: The factual record does not support the violation alleged in the Petition.
Read More22-IB13 04/20/2022 FOIA Opinion Letter to Daniel P. Hagelberg re: FOIA Complaint Concerning the City of Wilmington
Petitioner alleged that the City of Wilmington improperly denied its requests for all police reports for accidents involving certain police officers between October 1, 2021 and November 15, 2021.
DECIDED: The City properly denied the request under 29 Del. C. § 10002(o)(3), and 29 Del. C. § 10002(o)(6).
Read More22-IB12 04/18/2022 FOIA Opinion Letter to Jordyn Pusey re: FOIA Complaint Concerning the Office of the Auditor of Accounts
Petitioner alleged that the Office of Auditor of Accounts’ denial of records beyond the two documents provided is improper.
DECIDED: The AOA violated FOIA by failing to include a sworn affidavit in its response to the Petition.
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22-IB11 04/18/2022 FOIA Opinion Letter to Joe Berg re: FOIA Complaint Concerning the Village of Ardencroft
Petitioner alleged that the Village of Ardencroft violated FOIA by failing to produce the home addresses and phone numbers of eligible voters in violation of Title 15 of the Delaware Code and FOIA.
DECIDED: The issue presented is outside the scope of this Office’s authority.
Read More22-IB10 04/14/2022 FOIA Opinion Letter to Joe Berg re: FOIA Complaint Concerning the Village of Ardencroft
Petitioner alleged that the Village of Ardencroft violated FOIA by failing to timely send the agenda and to update the agenda over the past year, and by holding its meeting fully virtually.
DECIDED: The Village violated FOIA by failing to demonstrate it gave timely notice of its meeting agenda and failing to adequately describe the major items expected to be discussed on its agendas. The Village did not violate FOIA by meeting without an anchor location.
Read More22-IB09 04/07/2022 FOIA Opinion Letter to Janice Lorrah re: FOIA Complaint Concerning the Delaware Department of Health and Social Services
Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) improperly responded to her request, as DHSS did not answer her follow-up inquiry and the response letter only included website links, instead of records.
DECIDED: No violation of FOIA was found.
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