Date Posted: Thursday, March 20th, 2025
Petitioner alleged that the Delaware State Police of the Department of Safety and Homeland Security (“DSP”) violated FOIA by denying access to the requested statistics for expungements issued pursuant to Delaware’s Clean Slate bill for certain timeframes.
DECIDED: As the DSP provided statements under oath demonstrating the information was not currently available, the DSP did not violate FOIA by denying access to the requested records.
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Date Posted: Thursday, March 6th, 2025
Petitioner alleged that the City of Newark violated FOIA by failing to provide access to the body camera footage and the 911 call audio related to a specific incident.
DECIDED: The City did not violate FOIA by denying access to the requested records under Section 10002(o)(3).
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Date Posted: Wednesday, March 5th, 2025
Petitioner alleged that the Delaware Board of Electrical Examiners did not timely post the agenda for the February 5, 2025 meeting.
DECIDED: The Board violated FOIA as alleged.
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Date Posted: Monday, March 3rd, 2025
Petitioners alleged that the City violated FOIA by: (1) by not publishing their intent to initiate a contract to convert a municipal park to playing fields, (2) by keeping secret the minutes of their contract discussions and not allowing any public review or discussion of this major capital project, and (3) by selling the Folk Memorial Park in secrecy.
DECIDED: The City did not violate FOIA’s open meeting requirements by meeting with the Newark Charter School on the three identified occasions to discuss the Folk Memorial Park proposal. The remaining allegations are not FOIA claims that this Office is authorized to consider.
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Date Posted: Friday, February 28th, 2025
Petitioner alleged that the Delaware State Police (“DSP”) improperly denied request for certain photographs and video footage resulting from a vehicle accident.
DECIDED: As the DSP appropriately denied these requests under the investigatory files exemption, the criminal files exemption, and the pending litigation exemption, no violation of FOIA was found.
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Date Posted: Friday, February 28th, 2025
Petitioner alleged that the Delaware Department of Insurance improperly denied a request for certain database information.
DECIDED: As the Department provided sworn statements that it did not have responsive records, no violation of FOIA was found.
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Date Posted: Thursday, February 27th, 2025
25-IB
Petitioner alleged that that the Town of Dewey Beach’s Climate Change Committee violated FOIA during its January 18, 2025 meeting by voting on the appointment of a liaison without adequate notice in the agenda and by failing to call for public comment before adjourning the meeting, despite a public comment period appearing on the agenda.
DECIDED: The Committee did not violate FOIA at this meeting by voting on a liaison position for its public education campaign or by not calling for public comment when no member of the public was present at the meeting.
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Date Posted: Wednesday, February 19th, 2025
Petitioner alleged that that the Seaford School District violated FOIA by failing to charge the hourly rate of the lowest-paid employee capable of performing the service in the cost estimate.
DECIDED: The District did not violate FOIA, as it met its burden of demonstrating that the Supervisor of Instruction was the lowest-paid employee capable of collecting the responsive records.
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Date Posted: Wednesday, February 19th, 2025
Petitioner alleged that that the Sussex County Vocational Technical School District violated FOIA by failing to follow FOIA’s requirements in selecting this employee’s hourly rate for the cost estimate and by collecting the responsive records before sending the cost estimate.
DECIDED: The District did not violate FOIA, as it met its burden of demonstrating that its cost estimate included the hourly rate of the lowest-paid employee capable of collecting the responsive records. The ACLU is permitted to cancel, modify, or proceed with the request.
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Date Posted: Friday, February 7th, 2025
Petitioner alleged that the Association of Coastal Towns (“ACT”) included a “Background” section in the December 13, 2024 meeting agenda that was substantively inaccurate and misleading; that ACT failed to include an agenda item for this Office’s remediation recommendations; that ACT failed to include in its agenda time for public comment; that ACT did not provide notice of the location of the meeting at least seven days in advance; and that ACT has not yet designated a FOIA coordinator, implemented a request policy, or maintained an online portal for accepting FOIA requests.
DECIDED: ACT violated FOIA by failing to include a time for public comment on this meeting agenda and by failing to timely post the notice of the meeting location and the information for monitoring and participating in the meeting.
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