Date Posted: Tuesday, March 17th, 2020
Petitioner alleged that DELJIS improperly denied his request for statistical information from the Criminal Justice Information System databases because DELJIS failed to contact other state agencies to retrieve records responsive to his request and DELJIS improperly asserted exemptions for investigatory and criminal history information.
DECIDED: No FOIA violation was found. FOIA does not require DELJIS to contact other state agencies to collect records for this request. In addition, FOIA does not require a public body to create a new record, and fulfilling this request would require DELJIS to create a new record.
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Date Posted: Friday, March 13th, 2020
Petitioner alleged that DNREC improperly asserted the exemptions for pending or potential litigation and for attorney-client privilege and attorney work product doctrine in denying his request for records pertaining to an ongoing dispute over the Renewable Energy Portfolio Standards Act (“REPSA”) regulations.
DECIDED: No FOIA violation was found, as the pending litigation exemption applies.
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Date Posted: Thursday, March 12th, 2020
Petitioner alleged that the Board did not provide adequate notice to the public that a censure resolution of a school board member would be discussed and voted on at the February 11, 2020 meeting. Specifically, he alleged that the Board added the item without adequate public notice, violated emergency meeting requirements, did not place the agenda item in the appropriate section of the agenda, and did not include the language of the resolution.
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Date Posted: Thursday, February 27th, 2020
The Petitioner alleged that New Castle County violated FOIA by failing to complete a review of its records as it committed to do and by improperly denying access to records under the pending or potential litigation exemption.
DECIDED: The County violated FOIA by failing to timely give a reason for its delay and a good faith estimate of time needed to respond to the request. However, as it was determined that the request was ultimately properly denied under the potential litigation exemption, no remediation was recommended.
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Date Posted: Tuesday, February 25th, 2020
Petitioner alleged that the Delaware River and Bay Authority violated FOIA’s open meeting requirements by holding an improper executive session.
DECIDED: Delaware River and Bay Authority is not subject to Delaware’s FOIA law, and therefore, the petition is dismissed.
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Date Posted: Monday, February 24th, 2020
Petitioner alleged they were denied records on the basis that they were not a Delaware citizen.
DECIDED: No FOIA violation was found.
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Date Posted: Wednesday, February 5th, 2020
Petitioner alleged that the Board of Adjustment of the City of Seaford provided insufficient public notice of its consideration of a variance at its December 4, 2019 meeting.
DECIDED: This Office determined that the City did not violate FOIA as alleged by the Petitioner, as the agenda provided adequate notice to the members of the public with an intense interest in the variance.
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Date Posted: Thursday, January 23rd, 2020
Petitioner alleged that DNREC improperly denied his request for records regarding his client’s wetland map amendment application.
DECIDED: DNREC did not violate FOIA as alleged. DNREC satisfied the statutory requirement in this instance by citing to the pending or potential litigation exemption as its reason for denying the request. In addition, the Office found that the circumstances met the two-prong test for the potential litigation exemption, and DNREC appropriately denied the request on this basis.
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Date Posted: Tuesday, January 14th, 2020
Petitioner alleged the Nominating Committee of the Odyssey Charter School’s Board of Directors improperly noticed its intent to hold an executive session.
DECIDED: Because any public body can hold an executive session in the manner authorized by FOIA, the Board’s Nominating Committee, as a public body, did not violate FOIA by noticing its intent to hold an executive session.
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Date Posted: Tuesday, January 14th, 2020
Petitioner alleged that the Division of Public Health of the Delaware Department of Health and Social Services (“DPH”) improperly withheld documents regarding certain animal control complaints and evidence.
DECIDED: DPH did not violate FOIA, as the requested records were investigatory file records exempt pursuant to 29 Del. C. § 10002(l)(3).
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