Date Posted: Tuesday, October 8th, 2024
Petitioner alleged that Town failed to provide him with requested video footage.
DECIDED: The Town provided a sworn statement that Town contacted the entity in charge of camera and security and was informed that the remaining requested video footage did not exist. FOIA does no require a public body to provide a record that does not exist.
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Date Posted: Thursday, October 3rd, 2024
24-IB40
Petitioner alleged that the Village violated FOIA by allowing the Town Assembly officers to hold monthly office hours without preparing and maintaining meeting minutes.
DECIDED: As the Town Assembly officers do not constitute a public body under FOIA, no violation of FOIA occurred in this regard.
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Date Posted: Tuesday, October 1st, 2024
24-IB39
Petitioner alleged that the Office of the Governor violated Section 10003(j) by failing to request noncustodial records from the prior administration responsive to the request.
DECIDED: As Section 10003(f) does not apply in these circumstances, the Governor’s Office did not violate Section 10003(f).
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Date Posted: Tuesday, September 24th, 2024
24-IB38
Petitioner alleged that the Wilmington Housing Authority (“WHA”) failed to respond to four requests for records related to Compton Towers.
DECIDED: As the WHA provided sufficient sworn evidence supporting its response, it was found that the WHA did not violate FOIA by denying access to the requested records.
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Date Posted: Tuesday, September 17th, 2024
24-IB37
Petitioner alleged that New Castle County Department of Land Use failed to provide responsive records to a request for complaints regarding a particular property’s grading.
DECIDED: As the County demonstrated that an adequate search was conducted and no responsive records were found, it was concluded that no violation of FOIA occurred.
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Date Posted: Tuesday, September 17th, 2024
Petitioner alleged that the Caesar Rodney School District violated FOIA by inappropriately denying this request.
DECIDED: As the District demonstrated that the pending litigation exemption applies, no violation of FOIA was found.
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Date Posted: Monday, September 2nd, 2024
Petitioner alleged that the Town of Ellendale failed to timely respond to a request and did not provide the audio recording that was requested.
DECIDED: As the timeliness claim was moot and the Town met its burden to demonstrate that the recording did not exist, no violation of FOIA was found.
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Date Posted: Wednesday, August 28th, 2024
Petitioner alleged that the City of Wilmington untimely responded to the petitioner’s request and failed to provide responsive records.
DECIDED: As the timeliness claim was moot and the City met its burden to demonstrate that its failure to produce the requested list is compliant with FOIA, no violation of FOIA was found.
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Date Posted: Thursday, August 15th, 2024
Petitioner alleged that the State of Delaware Office of Pensions improperly denied access to his request for records regarding the legislative pension.
DECIDED: As the Department demonstrated that the records were appropriately withheld under Section 10002(o)(6), no violation of FOIA occurred.
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Date Posted: Wednesday, August 14th, 2024
Petitioner alleged that the Delaware Department of Elections failed to provide responsive records to his FOIA request.
DECIDED: As the Department demonstrated that an appropriate search was conducted and no public records were found, no violation of FOIA occurred.
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