Date Posted: Monday, April 4th, 2022
Petitioner alleged that DNREC untimely responded to his request and improperly denied his request for records related to the Drinking Water Protection Act.
DECIDED: It was concluded that the timeliness claim was moot and that DNREC improperly denied access to certain requested records under the exception for draft documents.
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Date Posted: Tuesday, March 29th, 2022
Petitioner alleged that the Department of Health and Social Services (“DHSS”) improperly denied the request for certain communications and investigative records arising from an incident at a long-term care facility.
DECIDED: The DHSS did not violate FOIA by denying access to the requested records under Sections 10002(o)(3) and (6).
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Date Posted: Friday, March 4th, 2022
Petitioner alleged that the Delaware Department of Insurance improperly denied access to certain records related to a special purpose financial captive insurance company.
DECIDED: The Department did not violate FOIA by denying access to the requested records pursuant to 29 Del. C. 10002(o)(6).
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Date Posted: Thursday, March 3rd, 2022
Petitioners alleged that the Charter School of Wilmington, Inc. and its Board of Directors (“CSW”) violated the open meeting requirements of FOIA in conducting its December 3, 2021 meeting to discuss advancement issues and its January 20, 2022 Finance committee meeting.
DECIDED: The CSW violated FOIA by failing to follow the open meeting requirements for both meetings.
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Date Posted: Friday, February 18th, 2022
Petitioner alleged that the Diamond State Port Corporation (“DSPC”) violated FOIA by failing to provide proper notice of a recent executive session, to take the requisite vote of its members to enter executive session, and to consider certain meeting minutes in public session.
DECIDED: The DSPC violated FOIA by failing to provide proper public notice of this executive session and to take the requisite vote of its present members in a meeting open to the public before entering the executive session. The Petition’s allegation about the meeting minutes was not determined to be a violation of FOIA.
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Date Posted: Tuesday, February 1st, 2022
Petitioner alleged that DELJIS improperly denied access to the request for statistics.
DECIDED: The petition was determined to be moot.
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Date Posted: Friday, January 28th, 2022
Petitioner alleged that DelDOT improperly denied access to applications for salvage certificates and the total number of applications received.
DECIDED: DelDOT violated FOIA by denying access to the entirety of the applications but did not violate FOIA by refusing access to the number of salvage certificate applications received.
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Date Posted: Wednesday, December 22nd, 2021
Petitioner alleged that the Domestic Violence Coordinating Council improperly denied a request for records related to a particular domestic violence case.
DECIDED: No violation of FOIA was found, as the records are protected from disclosure by statute.
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Date Posted: Friday, December 17th, 2021
Petitioners alleged several potential issues of noncompliance against the Board of Education of the Red Clay Consolidated School District, including that a Board committee improperly canceled a meeting due to the presence of a quorum of the full Board and that the Board failed to post committee meeting minutes, omitted certain discussions from meeting minutes, and failed to record committee meetings.
DECIDED: It was determined that a violation of FOIA did not occur. However, this Office noted that the two Board members’ silent observation of the committee meeting did not transform it into a Board meeting.
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Date Posted: Friday, December 10th, 2021
Petitioner alleged that in addition to other purportedly violative conduct, DelDOT improperly denied access to records responsive to his request for records related to small cell permits.
DECIDED: It was determined that DelDOT has not violated FOIA by asserting it had no responsive records to provide at the time of its response to the request. The remaining allegations are outside the purview of this Office’s authority under the FOIA statute.
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