Date Posted: Tuesday, June 18th, 2024
Petitioner alleged that the Town of Georgetown violated FOIA by releasing certain police officer records in response to a FOIA request and by refusing to hold a hearing in executive session.
DECIDED: The Town did not violate FOIA by providing records in response to this request or by declining to hold an executive session as requested.
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Date Posted: Tuesday, May 28th, 2024
Petitioner alleged that the Association of Coastal Towns (“ACT”) is a public body that has not followed FOIA’s requirements. Specifically, Petitioner asserted that ACT violated FOIA by failing to conduct its December 5, 2023, December 7, 2023, and December 20, 2023 meetings in accordance with FOIA’s public notice and comment requirements; failing to hold its alleged December 1, 2023 committee meeting in accordance with the public notice and comment requirements; and failing to meet Section 10003’s requirements to designate a FOIA coordinator, implement a FOIA request policy, and to create a web portal for accepting requests.
DECIDED: ACT is found to be a public body. As ACT did not meet its burden to demonstrate compliance with respect to the Petition’s claims, we find that ACT violated FOIA as alleged.
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Date Posted: Wednesday, May 22nd, 2024
Petitioner alleged that the Division of the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied information about his case.
DECIDED: As the DSP appropriately denied the request under the investigatory files exemption, no FOIA violation occurred.
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Date Posted: Wednesday, May 22nd, 2024
Petitioner alleged that Delaware Department of Transportation violated FOIA by failing to reduce its cost estimate.
DECIDED: As the cost estimate met FOIA’s requirements, no violation was found.
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Date Posted: Tuesday, May 7th, 2024
Petitioner alleged that Sussex County improperly denied access to records related to a notice of violation pursuant to the investigatory files exemption.
DECIDED: As the County provided an affidavit supporting that this exemption was appropriate, no violation of FOIA was found.
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Date Posted: Wednesday, May 1st, 2024
Petitioner alleged that the Village of Arden failed to respond to a resubmitted request, improperly engaged a law firm, and and improperly denied records that should have been made available to the petitioner as a member of the Village’s Town Assembly.
DECIDED: The Petition’s claims are not appropriate for this Office’s determination.
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Date Posted: Monday, April 29th, 2024
Petitioner alleged that the Town Council of Leipsic held an executive session on March 26, 2024 in violation of FOIA.
DECIDED: The Town violated FOIA by failing to meet its burden to demonstrate that the Town Council held an executive session for an appropriate purpose under FOIA and by failing to conduct a public vote to enter executive session at its March 26, 2024 meeting.
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Date Posted: Monday, April 22nd, 2024
Petitioner alleged that the Village failed to post a notice for its March 25, 2024 Town Assembly meeting.
DECIDED: As the Village posted this notice as required by FOIA and promptly reposted it upon learning the notice was missing, no violation of FOIA was found.
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Date Posted: Monday, April 15th, 2024
Petitioner alleged that the Delaware Department of Elections did not provide all responsive records and withheld records without providing proper justification in its response.
DECIDED: The Department met its burden of proof demonstrating it did not violate FOIA as alleged.
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Date Posted: Thursday, March 7th, 2024
Petitioner alleged that the Village of Arden violated FOIA by failing to timely post the notice and agenda of the February 13, 2024 Advisory Committee meeting.
DECIDED: The Village violated FOIA by failing to post the February 13, 2024 Advisory Committee meeting notice and agenda with an explanation regarding why seven days’ advance notice for this meeting could not be given.
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