Date Posted: Wednesday, January 17th, 2024
Petitioner alleged that Caesar Rodney School District (“District”) violated FOIA by (1) failing to provide estimated fees for the November 7, 2023 request that are reasonable and minimized in compliance with the FOIA statute; (2) inappropriately denying the request for complaints; (3) failing to respond to the November 3, 2023 request and improperly combining it with the other pending request for purposes of fees; and (4) violating the open meetings laws with respect to the virtual Manga Review Committee meeting held on November 2, 2023.
DECIDED: The District violated FOIA by failing to provide sufficient evidentiary support demonstrating its cost estimate was compliant with FOIA’s requirements and its search for the requested complaints was adequate. However, the Manga Review Committee was found not to be a public body subject to FOIA’s open meeting requirements, and thus, no violation of the open meeting law occurred . The District was recommended to process the November 3, 2023 request in accordance with the FOIA statute, including its fee provisions.
Read More
Date Posted: Thursday, January 11th, 2024
Petitioner alleged that the Division of State Police of the Delaware Department of Safety and Homeland Security (“DSP”) improperly denied six of its requests seeking various records related to certified law enforcement officers, as these records were not exempt under 29 Del. C. § 10002(o)(1) and (17). Petitioner asserted that the DSP should fulfill these requests from its existing records.
DECIDED: The DSP did not violate FOIA by denying access to the requested records.
Read More
Date Posted: Wednesday, December 13th, 2023
Petitioner alleged that the City of Dover violated FOIA by failing to create an agenda and minutes for its review committee meeting for the Old Post Office property and to produce those records when the petitioner requested them.
DECIDED: The City’s review committee violated FOIA by failing to prepare an agenda and maintain minutes for its August 29, 2023 meeting.
Read More
Date Posted: Monday, December 4th, 2023
Petitioner alleged that the Ellendale Town Council’s November 1, 2023 meeting agenda violated FOIA by failing to provide the public a meaningful opportunity for engagement as required by the FOIA statute and by failing to disclose the reasons for the executive session.
DECIDED: The Town Council’s November 1, 2023 meeting agenda did not violate FOIA as alleged in the Petition. The statement in the agenda prohibiting rebuttals during the public comment period did not violate Section 10004(a), and the reasons given for the executive session on this agenda are sufficient under FOIA.
Read More
Date Posted: Friday, December 1st, 2023
Petitioner alleged that the City is not permitted to assess any fees for processing this request and the City staff will not require three hours to fulfill the request.
DECIDED: The FOIA statute authorizes fees for processing FOIA requests in accordance with Section 10003, and the City did not violate FOIA by estimating three hours of staff time in this cost estimate.
Read More
Date Posted: Monday, November 13th, 2023
Petitioner alleged that the Delaware Health Information Network (“DHIN”) improperly denied its request for records based on citizenship.
DECIDED: As DHIN does not require public bodies to provide noncitizens with access to public records, DHIN did not violate FOIA by denying access to the requested records.
Read More
Date Posted: Wednesday, November 8th, 2023
Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) provided only some redacted pages in response to the request for certain employment records and claimed all other records were exempt. Petitioner further alleged that the requested records were inappropriately denied under the right of privacy.
DECIDED: The DHSS violated FOIA by failing to meet its burden of demonstrating that it appropriately searched for responsive records and by denying access to the employee’s attendance and leave records. The DHSS did not violate FOIA by denying access to the performance and discipline records under the personnel file exemption or by its assertion of Section 10002(o)(6) without elaboration in its denial letter.
Read More
Date Posted: Tuesday, October 10th, 2023
Petitioner alleged that the Delaware Department of Safety and Homeland Security (“DSHS”) violated FOIA by denying a request for investigatory records related to three teens’ criminal arrests.
DECIDED: The DSHS did not violate FOIA by denying access to the requested records.
Read More
Date Posted: Tuesday, October 3rd, 2023
Petitioner alleged that at the August 16, 2023 meeting, the Board unconstitutionally restricted free speech; the Board failed to state the reason for the executive session when voting to go into executive session; the Board voted on “personnel agendas” at its June 26, 2023 and August 16, 2023 meetings that do not give information about the positions or the individuals in question; and the District’s refusal to provide information about staff suspensions is improper under state law and violates the District’s own past practices.
DECIDED: The Board violated FOIA by providing insufficient notice to the public in its June 26, 2023 and August 16, 2023 agendas. However, the Board did not violate FOIA by failing to state verbally the purpose of the executive sessions during its vote to enter the August 16, 2023 executive session. This Office lacked the authority to decide the remaining claims.
Read More
Date Posted: Monday, September 18th, 2023
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) improperly denied a request for an electronic copy of the necropsy report for a pudu solely based on citizenship.
DECIDED: DNREC did not violate FOIA by denying access to the requested record.
Read More
