Date Posted: Monday, January 29th, 2024
Petitioner 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.
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Date Posted: Wednesday, January 24th, 2024
Petitioner 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.
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Date Posted: Wednesday, January 17th, 2024
Petitioner 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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Date Posted: Thursday, January 11th, 2024
Petitioner alleged that the Division of State Police of the Delaware Department of Safety and Homeland Security (“DSP”) improperly denied six of its requests seeking various records related to certified law enforcement officers, as these records were not exempt under 29 Del. C. § 10002(o)(1) and (17). Petitioner asserted that the DSP should fulfill these requests from its existing records.
DECIDED: The DSP did not violate FOIA by denying access to the requested records.
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Date Posted: Wednesday, December 13th, 2023
Petitioner alleged that the City of Dover violated FOIA by failing to create an agenda and minutes for its review committee meeting for the Old Post Office property and to produce those records when the petitioner requested them.
DECIDED: The City’s review committee violated FOIA by failing to prepare an agenda and maintain minutes for its August 29, 2023 meeting.
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Date Posted: Monday, December 4th, 2023
Petitioner alleged that the Ellendale Town Council’s November 1, 2023 meeting agenda violated FOIA by failing to provide the public a meaningful opportunity for engagement as required by the FOIA statute and by failing to disclose the reasons for the executive session.
DECIDED: The Town Council’s November 1, 2023 meeting agenda did not violate FOIA as alleged in the Petition. The statement in the agenda prohibiting rebuttals during the public comment period did not violate Section 10004(a), and the reasons given for the executive session on this agenda are sufficient under FOIA.
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Date Posted: Friday, December 1st, 2023
Petitioner alleged that the City is not permitted to assess any fees for processing this request and the City staff will not require three hours to fulfill the request.
DECIDED: The FOIA statute authorizes fees for processing FOIA requests in accordance with Section 10003, and the City did not violate FOIA by estimating three hours of staff time in this cost estimate.
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Date Posted: Monday, November 13th, 2023
Petitioner alleged that the Delaware Health Information Network (“DHIN”) improperly denied its request for records based on citizenship.
DECIDED: As DHIN does not require public bodies to provide noncitizens with access to public records, DHIN did not violate FOIA by denying access to the requested records.
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Date Posted: Wednesday, November 8th, 2023
Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) provided only some redacted pages in response to the request for certain employment records and claimed all other records were exempt. Petitioner further alleged that the requested records were inappropriately denied under the right of privacy.
DECIDED: The DHSS violated FOIA by failing to meet its burden of demonstrating that it appropriately searched for responsive records and by denying access to the employee’s attendance and leave records. The DHSS did not violate FOIA by denying access to the performance and discipline records under the personnel file exemption or by its assertion of Section 10002(o)(6) without elaboration in its denial letter.
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Date Posted: Tuesday, October 10th, 2023
Petitioner alleged that the Delaware Department of Safety and Homeland Security (“DSHS”) violated FOIA by denying a request for investigatory records related to three teens’ criminal arrests.
DECIDED: The DSHS did not violate FOIA by denying access to the requested records.
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