Petitioner alleged that DelDOT improperly asserted attorney-client privilege, pending or potential litigation, draft document exclusion, and the exemption for confidential financial or commercial information to deny his clients’ request for a traffic impact study and related draft documents and correspondence.
DECIDED: DelDOT violated FOIA by failing to meet its burden with respect to the records it claims are subject to attorney-client privilege, attorney work product, or the pending litigation exemption. It was recommended DelDOT review its records in accordance with this Opinion and provide a supplemental response in accordance with the timeframes permitted in Section 10003(h). This response is recommended to include a statement that the attorney-client privileged and work product materials were reviewed and to include any responsive records, with the exception of materials subject to attorney-client privilege or attorney work product and any working drafts, subject to any redactions otherwise appropriate under FOIA.
Read MorePetitioners alleged that Sussex County failed to give proper notice of a Council meeting and the Industrial Revenue Bond Committee public hearing.
DECIDED: Counties are excluded from the requirement to post its notices and agendas online. No FOIA violation was found, as the Council and Industrial Revenue Bond Committee properly posted its physical notices for the Council meeting and public hearing regarding the Bond application.
Read MorePetitioner alleged that the Delaware Department of Health and Human Services violated FOIA by failing to identify the specific records it withheld and by giving excessive cost and time estimates.
DECIDED: No FOIA violation found.
Read MorePetitioner alleged that his client’s requests for records submitted to the Delaware Department of Agriculture were improperly denied. The Department asserted that the records were exempt by statute, pursuant to 29 Del. C. 10002(l)(6) and 3 Del. C. 2247.
DECIDED: The Department did not meet its burden to justify its denial of access to the requested records.
Read MorePetitioner alleged that the Delaware Department of Insurance improperly denied his request on the basis of his status as a non-citizen and on the basis of other statutory provisions applicable to the Department.
DECIDED: No violation of FOIA occurred as alleged in the petition.
Read MorePetitioner alleged that the DOC improperly denied his request for the DOC policies and other records.
DECIDED: No FOIA violation occurred, as 29 Del. C. 10002(l)(13) exempts any records in the DOC’s possession which are sought by an inmate in DOC’s custody.
Read MorePetitioner alleged that the Department of Insurance improperly cited exemptions in response to its request for certain records.
DECIDED: The Department did not violate FOIA in denying the items in the request on the basis of the pending or potential litigation exemption, the statutory exemption for examination work papers, and the investigatory files exemption.
Read MorePetitioner alleged that the City of Wilmington failed to respond to a request for records.
DECIDED: No FOIA violation occurred, as the City provided evidence of its timely response to the request.
Read MorePetitioner alleged that the Delaware State Police (“DSP”) improperly denied her request for a criminal complaint.
DECIDED: The DSP did not violate FOIA, as the investigatory files exemption applies to the criminal complaint.
Petitioner alleged that that the City of Wilmington improperly denied his request for investigatory records related to a fire in Wilmington. The cause of the fire was not determined, and the investigation was marked undetermined/closed. The investigator reserved the ability to modify the investigative conclusion if new evidence was discovered.
DECIDED: The City did not violate FOIA by denying access to these records, as the City verified the records pertain to investigatory files for criminal law enforcement and this exemption applies even after the investigation is closed.
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