Date Posted: Thursday, February 6th, 2025
Petitioner alleged that the City of Wilmington improperly responded to a FOIA request by asserting the attorney-client privilege.
DECIDED: The City violated FOIA, as it did not meet its burden of demonstrating that its denial of access to the requested records was proper.
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Date Posted: Monday, February 3rd, 2025
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) had not responded to one request within 15 days and that DNREC improperly denied two requests from Petitioner for records pursuant to the pending litigation exemption.
DECIDED: It was determined that the timeliness claim was moot and DNREC did not violate FOIA by denying access to the requested records.
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Date Posted: Tuesday, January 21st, 2025
Petitioner alleged that the Division of Legislative Affairs of the Delaware General Assembly violated FOIA by failing to provide an affidavit with its response to his request and making improper redactions to the employee confidentiality policies.
DECIDED: The Division did not violate FOIA by failing to provide an affidavit with its response to the request or by redacting the employee names from the documents provided.
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Date Posted: Tuesday, January 21st, 2025
Petitioner alleged that the Association of Coastal Towns (“ACT”) violated FOIA by failing to provide notice of the public comment period on its December 13, 2024 meeting agenda and by dissolving instead of following this Office’s recommendations.
DECIDED: ACT violated FOIA by failing to include the public comment period on its agenda. The remaining claim is outside the scope of this Office’s statutory authority.
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Date Posted: Friday, January 17th, 2025
Petitioner alleged that the Division of Legislative Affairs of the Delaware General Assembly violated FOIA by failing to provide an affidavit with its response to his request, failing to provide all requested confidentiality policies, and making improper redactions to the employee confidentiality policies. In addition, the petition asserted non-FOIA claims regarding the legality of the requested policies and the General Assembly members’ rights regarding records access.
DECIDED: The Division did not violate FOIA by failing to provide an affidavit with its response to the request or by redacting the employee names from the documents provided. As the remaining claims were moot or outside the scope of this Office’s jurisdiction, they were declined for consideration.
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Date Posted: Monday, January 13th, 2025
Petitioner alleged that the Town of Bethany Beach violated FOIA by failing to respond to a request for a modified request.
DECIDED: The Town violated FOIA, as the Town did not engage with the petitioner regarding the modified request.
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Date Posted: Monday, January 13th, 2025
Petitioner alleged that the City of Wilmington did not provide a full response to the request for citations issued by a specified inspector.
DECIDED: As the City provided sufficient sworn statements to support its response, no violation of FOIA was found.
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Date Posted: Friday, January 3rd, 2025
Petitioner alleged that the Office of Lieutenant Governor (“OLG”) violated FOIA because the OLG refused to provide records in response to three requests, and its response to a fourth request appeared to be incomplete.
DECIDED: The OLG violated FOIA by failing to assert and support the reasons for withholding records in its response to the July 31, 2024 request, by failing to demonstrate it performed an adequate search for records for the July 31, 2024 request, and by failing to properly assert the need for additional time for the three remaining requests.
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Date Posted: Friday, December 20th, 2024
Petitioner alleged that the Delaware Department of Correction (“DOC”) improperly denied a request for the names, State Bureau of Identification numbers, and dates of incarceration for inmates in certain age ranges.
DECIDED: As the DOC demonstrated that the requested information was appropriately withheld pursuant to 29 Del. C. § 10002(o)(6), no violation of FOIA was found.
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Date Posted: Tuesday, November 26th, 2024
Petitioner alleged that the Town of Greenwod Council violated FOIA because: 1) the Council’s executive session for personnel discussions was improper, as you requested these discussions be public; 2) the executive session documents were typed by a councilmember’s relative; and 3) a quorum of the Council improperly discussed public business over email.
DECIDED: The Town Council’s executive session at its August 27, 2024 meeting was appropriately held under Section 10004(b)(4). The Town Council violated FOIA by holding a “meeting” as defined by FOIA through email communications without satisfying FOIA’s open meeting requirements. The authorship of the executive session materials is a matter outside the scope of this opinion.
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