Date Posted: Friday, August 9th, 2024
Petitioner alleged that the Cape Henlopen School District inappropriately denied this request for communications regarding the selection of the candidates for eight District positions pursuant to the personnel file exemption.
DECIDED: No violation of FOIA was found, as the requested communications are protected by Section 10002(o)(6), which includes the right of privacy.
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Date Posted: Friday, August 9th, 2024
Petitioner alleged that the Christina School District Board of Education used computers to vote at a Board meeting but did not inform the meeting attendees what those votes were or how the individual members voted. In addition, the petition claimed that the Board President improperly refused to hear a point of order, in violation of Robert’s Rules of Order.
DECIDED: The Board violated FOIA by failing to meet its burden to demonstrate that its votes at the July 9, 2024 Board meeting complied with FOIA. The second claim regarding Robert’s Rules of Order was not appropriate for consideration.
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Date Posted: Friday, July 26th, 2024
Petitioner alleged that the Village of Arden violated FOIA by holding a June 23, 2024 information session without proper notice.
DECIDED: The Village violated FOIA by failing to meet its burden to demonstrate the June 23, 2024 meeting was not subject to the open meeting requirements of FOIA.
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Date Posted: Friday, July 12th, 2024
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control improperly denied a request for records related to a Division of Fish and Wildlife law enforcement incident.
DECIDED: No violation of FOIA was found.
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Date Posted: Wednesday, June 26th, 2024
Petitioners alleged that the City of Rehoboth Beach failed to follow open meeting requirements when hiring the new City Manager at a much higher compensation package than advertised.
DECIDED: The City violated FOIA by holding an executive session for an improper purpose and failing to discuss the employment contract and compensation package in open public session, by failing to properly notice two executive sessions, and by failing to notice a public comment period on the agendas of the meetings.
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Date Posted: Wednesday, June 26th, 2024
Petitioners alleged that the Christina School District Board of Education violated FOIA by: 1) holding an unannounced executive session at its May Board meeting to discuss Robert’s Rules of Order, which is not a permitted reason for an executive session; 2) conducting a vote of no confidence in the superintendent at the May meeting without proper notice on the agenda; and 3) discussing and voting to rescind a contract and to suspend the superintendent without appropriate public notice on the March Board meeting agenda.
DECIDED: The Board violated FOIA by holding an unannounced executive session for an improper purpose and by failing to provide adequate notice in its March and May meeting agendas for the votes regarding the contract rescission and vote of no confidence. No violation was found with respect to the notice of the executive sessions on the March Board meeting agenda and the notice for the vote on the employee suspension on this same agenda.
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Date Posted: Tuesday, June 25th, 2024
Petitioner alleged that the Village of Arden violated FOIA by privately discussing and approving the posting of the December 7, 2023 meeting minutes of the Governance Task Force via emails among the Task Force members.
DECIDED: The Village’s Task Force conducted a “meeting” as defined by FOIA and committed a violation of FOIA by failing to follow the open meeting requirements.
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Date Posted: Tuesday, June 25th, 2024
Petitioner alleged that the Delaware Department of State improperly denied access to records regarding the voluntary disclosure program under its relevant statutory authority.
DECIDED: The Department did not violate FOIA by denying access to the requested records.
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Date Posted: Tuesday, June 18th, 2024
Petitioner alleged that the Town of Georgetown violated FOIA by releasing certain police officer records in response to a FOIA request and by refusing to hold a hearing in executive session.
DECIDED: The Town did not violate FOIA by providing records in response to this request or by declining to hold an executive session as requested.
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Date Posted: Tuesday, May 28th, 2024
Petitioner alleged that the Association of Coastal Towns (“ACT”) is a public body that has not followed FOIA’s requirements. Specifically, Petitioner asserted that ACT violated FOIA by failing to conduct its December 5, 2023, December 7, 2023, and December 20, 2023 meetings in accordance with FOIA’s public notice and comment requirements; failing to hold its alleged December 1, 2023 committee meeting in accordance with the public notice and comment requirements; and failing to meet Section 10003’s requirements to designate a FOIA coordinator, implement a FOIA request policy, and to create a web portal for accepting requests.
DECIDED: ACT is found to be a public body. As ACT did not meet its burden to demonstrate compliance with respect to the Petition’s claims, we find that ACT violated FOIA as alleged.
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