Petitioner alleged that the New Castle County Division of Police improperly denied a request for a copy of an arrest warrant. In response, the County provided an affidavit of its FOIA Coordinator asserting that the County did not have the requested records within its possession or custody.
DECIDED: As the County demonstrated it had no responsive records, no FOIA violation was found.
Read MorePetitioner alleged that the Christina School District Board of Directors selected and negotiated terms of employment with a candidate for superintendent out of public view and a meeting’s agenda item, “Board Action on Superintendent Search,” was insufficient to meet the agenda items.
DECIDED: The Board violated FOIA by not noticing and preparing minutes of the meetings of the two Board members, who constituted a Board committee subject to FOIA. No FOIA violation was found relating to allegation about the agenda, because the agenda item provided adequate public notice of the Board’s action.
Read MorePetitioner alleged that the Wilmington City Council President violated FOIA by notifying a councilmember of the revocation of their position without a public meeting, the City held a virtual public meeting and denied this councilmember meeting access codes and other items, and that FOIA does not permit a pre-emptive bar on a public body member’s participation in the public body’s meetings.
DECIDED: No FOIA violation was found.
Read MorePetitioner alleged that DNREC improperly denied a comment period at a hearing to members of the general public while permitting permit applicants to speak.
DECIDED: No FOIA violation was found, because the permit hearing is not subject to FOIA’s open meeting requirements.
Read MorePetitioners alleged that the Rehoboth Beach listed an agenda item for a meeting that was impermissibly vague because it did not include the name of a nominee to its membership. The agenda item was amended less than seven days before the meeting to include the name of the nominee.
DECIDED: The City violated FOIA by not briefly stating its reason for amending its agenda, as required by FOIA.
Read MorePetitioner alleged that Rehoboth failed to respond to multiple records requests.
DECIDED: This Office determined that the City violated FOIA by failing to timely respond to three requests.
Read MorePetitioner alleged that the Land Bank improperly assessed charges for legal review of requested documents. The Land Bank responded that the review of nonpublic information would be done by a staff member rather than an attorney and would thus be considered administrative.
DECIDED: The Land Bank violated FOIA, as the determination of whether information is exempt from FOIA is legal review. This Office recommended that the Land Bank update its cost estimate accordingly.
Read MorePetitioner alleged the EAB improperly deliberated an appeal twice in executive session. DNREC argued that 7 Del. C. § 6008(a) permitted these deliberations.
DECIDED: No FOIA violation was found.
Read MorePetitioner alleged that City applications for federal grants and emails with federal agencies were improperly withheld. The City argued that the completed applications were under the exclusive control of the federal government and email requests should be directed to the Delaware Department of Technology and Information. DECIDED: The City violated FOIA by denying the requests.
Read MorePetitioner alleged that the Town Council of Fenwick Island violated FOIA because the Town officials should have discussed the matter of approving an open pool bar at a public meeting and certain Town officials made unauthorized statements about this approval.
DECIDED: As these issues are outside the scope of FOIA, no violation of FOIA occurred.
Read MoreDelaware's Governor
State Directory
Elected Officials
General Assembly
Delaware Courts
State Employees
Cities & Towns
Delaware State Code
State Regulations
Business First Steps
Phone Directory
Locations Directory
Public Meetings
Voting & Elections
Transparency
Choose Health DE
Tax Center
Personal Income Tax
Privacy Policy
Weather & Travel
Contact Us
Corporations
Franchise Tax
Gross Receipts Tax
Withholding Tax
Guides to Services
Help Center
Mobile Apps
E-mail / Text Alerts
Social Media
Built by the Government Information Center
©MMXXVI Delaware.gov
