Petitioner alleged that the Delaware Department of Human Resources violated FOIA by not responding fully to the categories of records requested. position and question whether the Department conducted an adequate search. The petition also alleges that the Department did not sufficiently address the responsive records that were not produced; did not adequately explain the absence of responsive records beyond the two categories of redactions it identified; failed to address the specific deficiencies identified in follow up correspondence; and failed to substantively respond to the deficiencies noted within the requisite timeframe to respond.
DECIDED: The Department violated FOIA by failing to meet its burden to demonstrate that its search for records was adequate and its withholding of two categories of records under the right of privacy was permissible under FOIA. The remaining allegations are not violations of FOIA.
Read MorePetitioner alleged that the City of Wilmington misapplied the investigatory files exemption, failed to make a specific statement for each category of documents requested, and failed to confirm that a “segregability review” occurred.
DECIDED: The City did not violate FOIA as alleged.
Read MorePetitioner alleged that the City of Dover improperly denied a request for a report involving investigations regarding two City officials.
DECIDED: The City violated FOIA by failing to meet its burden to demonstrate that this report was appropriately withheld under the City’s cited exemptions for personnel and investigatory files.
Read MorePetitioner alleged that the Seaford School District included impermissible fees for legal review in its cost estimate.
DECIDED: The District violated FOIA by including fees for legal review in its cost estimate for this request.
Read MorePetitioner alleged that the Caesar Rodney School District included impermissible fees for legal review in its cost estimate.
DECIDED: The District violated FOIA by including fees for legal review in its cost estimate for this request.
Read MorePetitioner alleged that the Trustees of the New Castle Common violated FOIA by: (1) failing to take a vote for a certain paving project at the March 18, 2026 budget workshop meeting or failing to keep accurate minutes; (2) not posting an agenda for this meeting; (3) not posting the minutes for this meeting until after the project was completed; and (4) either executing a project that was approved in a public meeting, or approving the project outside of a public meeting in violation of FOIA.
DECIDED: The the Trustees violated FOIA by failing to post an agenda for the March 18, 2026 meeting and by failing to maintain accurate minutes regarding this project. The remaining allegations do not constitute violations of FOIA.
Read MorePetitioner alleged that the Environmental Appeals Board improperly denied a request for formal responses and motions related to pending appeals.
DECIDED: The Board violated FOIA by failing to demonstrate that it appropriately withheld the requested records under FOIA’s litigation exemption.
Read MorePetitioner alleged that New Castle County violated FOIA by denying a request for certain 911 call records.
DECIDED: Because the 911 call records are exempt from disclosure by statute, no violation of FOIA was found.
Read MorePetitioner alleged that the City of Rehoboth Beach improperly responded to a request for records related to a certain property by failing to produce municipal records to establish the City’s claim related to this property.
DECIDED: The City did not violate FOIA, as the request for the City’s records supporting a legal position is not sufficiently articulated under FOIA and the City demonstrated an adequate search for the remaining requested records.
Read MorePetitioner alleged that the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied a request for records supporting the placement of a Flock Safety license plate reader camera in a particular neighborhood.
DECIDED: As the DSP adequately demonstrated these records were exempt investigatory file records, no violation of FOIA was found.
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