Date Posted: Friday, March 28th, 2025
Petitioners alleged that the Joint Legislative Oversight and Sunset Committee of the Delaware General Assembly violated FOIA at its February 13, 2025 meeting by discussing topics that were not appropriately noticed on the meeting agenda.
DECIDED: The Committee’s February 13, 2025 meeting agenda did not violate FOIA, as the General Assembly is exempted from FOIA’s meeting notice requirements.
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Date Posted: Monday, March 24th, 2025
Petitioner alleged that the City of Milford delayed its response and improperly asserted that it would withhold emails to and from a state representative.
DECIDED: As emails to and from a member of the General Assembly are exempt from disclosure under FOIA, the City did not violate FOIA by denying access to the emails requested. In addition, the claim regarding the timing of the City’s response is moot.
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Date Posted: Thursday, March 20th, 2025
Petitioner alleged that the Delaware State Police of the Department of Safety and Homeland Security (“DSP”) violated FOIA by denying access to the requested statistics for expungements issued pursuant to Delaware’s Clean Slate bill for certain timeframes.
DECIDED: As the DSP provided statements under oath demonstrating the information was not currently available, the DSP did not violate FOIA by denying access to the requested records.
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Date Posted: Thursday, March 6th, 2025
Petitioner alleged that the City of Newark violated FOIA by failing to provide access to the body camera footage and the 911 call audio related to a specific incident.
DECIDED: The City did not violate FOIA by denying access to the requested records under Section 10002(o)(3).
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Date Posted: Wednesday, March 5th, 2025
Petitioner alleged that the Delaware Board of Electrical Examiners did not timely post the agenda for the February 5, 2025 meeting.
DECIDED: The Board violated FOIA as alleged.
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Date Posted: Monday, March 3rd, 2025
Petitioners alleged that the City violated FOIA by: (1) by not publishing their intent to initiate a contract to convert a municipal park to playing fields, (2) by keeping secret the minutes of their contract discussions and not allowing any public review or discussion of this major capital project, and (3) by selling the Folk Memorial Park in secrecy.
DECIDED: The City did not violate FOIA’s open meeting requirements by meeting with the Newark Charter School on the three identified occasions to discuss the Folk Memorial Park proposal. The remaining allegations are not FOIA claims that this Office is authorized to consider.
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Date Posted: Friday, February 28th, 2025
Petitioner alleged that the Delaware State Police (“DSP”) improperly denied request for certain photographs and video footage resulting from a vehicle accident.
DECIDED: As the DSP appropriately denied these requests under the investigatory files exemption, the criminal files exemption, and the pending litigation exemption, no violation of FOIA was found.
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Date Posted: Friday, February 28th, 2025
Petitioner alleged that the Delaware Department of Insurance improperly denied a request for certain database information.
DECIDED: As the Department provided sworn statements that it did not have responsive records, no violation of FOIA was found.
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Date Posted: Thursday, February 27th, 2025
25-IB
Petitioner alleged that that the Town of Dewey Beach’s Climate Change Committee violated FOIA during its January 18, 2025 meeting by voting on the appointment of a liaison without adequate notice in the agenda and by failing to call for public comment before adjourning the meeting, despite a public comment period appearing on the agenda.
DECIDED: The Committee did not violate FOIA at this meeting by voting on a liaison position for its public education campaign or by not calling for public comment when no member of the public was present at the meeting.
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Date Posted: Wednesday, February 19th, 2025
Petitioner alleged that that the Seaford School District violated FOIA by failing to charge the hourly rate of the lowest-paid employee capable of performing the service in the cost estimate.
DECIDED: The District did not violate FOIA, as it met its burden of demonstrating that the Supervisor of Instruction was the lowest-paid employee capable of collecting the responsive records.
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