Petitioner alleged that the Division of Delaware State Police of the Department of Safety and Homeland Security (“DSP”) violated FOIA by denying a request for the date and type of calls for service/response to an address.
DECIDED: DSP did not violate FOIA by denying access to the requested records.
Read MorePetitioner alleged that the City of Dover failed to release documents in a timely manner and failed to fulfill the entirety of the request; the exemption cited in the City’s response does not apply to the records requested; the City must provide redacted documents if any material is nonexempt; and the City failed to provide formal correspondence citing the specific material that is exempt or redacted.
DECIDED: The City violated FOIA by failing to meet its burden to justify the denial of access to the requested records. No violation occurred with respect to the remaining claims in the Petition.
Read MorePetitioner alleged that the Department of Correction (“DOC”) failed to assert the reasons for the redactions in the document production and improperly withheld access to the remaining items that were requested.
DECIDED: The DOC did not violate FOIA by denying access to the requested policies, procedures, and memoranda. The remaining items in the Petition are moot.
Read MorePetitioner alleged that the City of Rehoboth Beach violated FOIA’s open meeting requirements by failing to provide notice on the agenda about selecting a solicitor, discussing the vacancy and selection of a new solicitor in executive session, and failing to provide adequate notice of this discussion in executive session on the agenda.
DECIDED: The City’s Mayor and Commissioners violated FOIA at the November 6, 2023 Special Meeting by holding a vote about selecting the new City Solicitor without sufficient public notice and by failing to meet its burden to justify that the discussions in the November 6, 2023 Special Meeting’s executive session about selecting the new City Solicitor were proper under FOIA.
Read MorePetitioner alleged that the Division of Delaware State Police of the Department of Safety and Homeland Security (“DSP”) violated FOIA by denying access to certain video footage pursuant to the investigatory files exemption.
DECIDED: The DSP did not violate FOIA by denying access to the requested records.
Read MorePetitioner alleged that the Diamond State Port Corporation (“DSPC”) provided a procedurally deficient response to its request for records and improperly denied access to the requested records under pending or potential litigation exemption. Petitioner also claimed that it is entitled to an award of attorneys’ fees and costs in this matter.
DECIDED: The DSPC’s response was not procedurally deficient as alleged and the DSPC did not violate FOIA by denying access to the requested records under the pending or potential litigation exemption, except the tenth and eleventh items. The DSPC did not meet its burden of proof with respect to the tenth and eleventh items in the request and is in violation of FOIA with respect to those two items. This Office lacks the authority to award attorneys’ fees and costs in connection with this Petition.
Read MorePetitioner alleged that the Town of Leipsic’s Museum Review Committee is a public body and held a meeting in violation of FOIA’s open meeting laws.
DECIDED: The Committee is a public body and violated FOIA at its November 6, 2023 Committee meeting by failing to comply with FOIA’s open meeting requirements.
Read MorePetitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) provided a procedurally deficient response to its request for records and improperly denied access to the requested records under the pending or potential litigation exemption. Petitioner also claimed that it is entitled to an award of attorneys’ fees and costs in this matter.
DECIDED: DNREC’s response did not violate FOIA as alleged, and this Office lacks the statutory authority to award attorneys’ fees and costs in connection with a FOIA petition.
Read MorePetitioner alleged that the City of Seaford violated FOIA by not responding to each request individually and made additional non-FOIA claims.
DECIDED: The City did not violate FOIA by failing to provide an individual communication for each of the eighteen requests submitted. The other claims do not relate to the FOIA statute and are outside the scope of this Office’s authority to consider.
Read MorePetitioner alleged that Caesar Rodney School District (“District”) violated FOIA by (1) failing to provide estimated fees for the November 7, 2023 request that are reasonable and minimized in compliance with the FOIA statute; (2) inappropriately denying the request for complaints; (3) failing to respond to the November 3, 2023 request and improperly combining it with the other pending request for purposes of fees; and (4) violating the open meetings laws with respect to the virtual Manga Review Committee meeting held on November 2, 2023.
DECIDED: The District violated FOIA by failing to provide sufficient evidentiary support demonstrating its cost estimate was compliant with FOIA’s requirements and its search for the requested complaints was adequate. However, the Manga Review Committee was found not to be a public body subject to FOIA’s open meeting requirements, and thus, no violation of the open meeting law occurred . The District was recommended to process the November 3, 2023 request in accordance with the FOIA statute, including its fee provisions.
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