Petitioner alleged that New Castle County improperly denied a request for records related to a police response to an incident.
DECIDED: Because the petitioner is a noncitizen of Delaware and the records are exempt pursuant to the investigatory files exemption, no violation of FOIA was found.
Read MorePetitioner alleged that the Capital School District improperly denied a request for a staffing contract.
DECIDED: Based on the District’s sworn representations, it was determined that the District did not violate FOIA in denying this request.
Read MorePetitioner alleged that the City of Newark improperly denied a request for executive session minutes.
DECIDED: As the City did not meet its burden to demonstrate that FOIA permitted these records to be withheld from disclosure, the City was found in violation of FOIA.
Read MorePetitioner alleged that the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied a request for various records related to the surrender of an electronic device during an investigation.
DECIDED: As the records are exempt pursuant to the investigatory files exemption, the DSP did not violate FOIA by denying access to the requested records.
Read MorePetitioner alleged that the Delaware Department of Correction (“DOC”) violated FOIA with regard to three requests. The petition alleges that: (1) the DOC’s initial response was not timely; (2) the requests were not timely processed with the technology staff; (3) the DOC delayed producing records after they were received from the technology staff; (4) the DOC did not provide a full response to three requests; and (5) the DOC improperly indicated that fees will be assessed for legal review.
DECIDED: The DOC violated FOIA by failing to comply with the statute’s requirements for asserting the need for additional time related to the email processing and by failing to fully address the three requests. The DOC also violated FOIA by indicating it will charge for legal review fees, which are not permissible under Section 10003(m).
Read MorePetitioner alleged that the Town of Dagsboro violated FOIA by denying a request for certain Town police emails.
DECIDED: The Town did not meet its burden to demonstrate this denial of access was appropriate under FOIA.
Read MorePetitioner alleged that the City of Rehoboth Beach violated FOIA by denying access to an individual’s identity who raised concerns with a safety issue that resulted in an improvement project.
DECIDED: The City violated FOIA in withholding the identity of this individual.
Read MorePetitioner alleged that the City of Milford improperly withheld records responsive to the second item in the multi-part request, which sought an existing list or similar record showing outside agencies currently granted access to the Flock Safety camera system or data-sharing network. In addition, the petition asserts two claims about the cost estimate, questioning the propriety of the estimate’s inclusion of the charge for review of privileged information and whether the estimate adequately explained that the indicated staff member was the lowest paid employee capable of retrieving the records.
DECIDED: The City violated FOIA by failing to demonstrate that it appropriately withheld this requested list under FOIA. The claims regarding the cost estimate are moot.
Read MorePetitioner alleged that the City of Milford officials failed to recognize the petitioner’s virtual “raised hand” during the public comment period of the City’s May 12, 2026 Council meeting.
DECIDED: The City violated FOIA by failing to allow the petitioner to give public comment at this meeting.
Read MorePetitioner alleged that the City of Rehoboth Beach improperly denied a multi-part request for records related to a law enforcement incident. The petition also asserted that the City should have made statements about the existence and preservation of certain records in the response.
DECIDED: The City did not violate FOIA by denying access to the investigatory records pursuant to the investigatory files exemption. The request for policies was not sufficiently described, nor is the City required to create a legal analysis or answer a question in response to a FOIA request. In addition, the claim regarding the existence of records is not a violation of FOIA, and a request for records preservation is outside the scope of FOIA.
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