Petitioner alleged that Sussex County improperly denied the petitioner’s records request under the pending litigation exemption.
DECIDED: The County violated FOIA by failing to meet its burden to justify denying access to the full scope of records requested.
Read MorePetitioner alleged that the Lead-Based Paint Remediation Certification Committee held a hybrid virtual meeting in which the petitioner was disconnected while providing public comment. Petitioner sought determinations whether the Committee violated FOIA by: (1) prohibiting the petitioner’s ability to provide public comment; (2) resuming the hybrid public meeting in the anchor location after the petitioner’s disconnection; and (3) potentially preventing additional public comments after the petitioner’s comment.
DECIDED: As the factual allegations necessary to consider the FOIA claims were not presented under oath, it was determined that the Committee violated FOIA by failing to meet its burden to demonstrate its compliance with FOIA.
Read MorePetitioner alleged that the Delaware Interscholastic Athletic Association (“DIAA”) failed to perform an adequate search for records responsive to one item in the petitioner’s multi-part request.
DECIDED: As the search for responsive records and the search results were not described under oath with the requisite specificity, it was determined that DIAA violated FOIA by failing to meet its burden of proof to justify denying access to the requested records.
Read MorePetitioner alleged that New Castle County violated FOIA in failing to produce all responsive records to the petitioner’s request for records related to the subject property and related easement. The petition also alleges that the County violated FOIA by delivering its initial document production in a single, mixed-up file, instead of separate documents with specific descriptions.
DECIDED: The County did not violate FOIA as alleged in the petition.
Read MorePetitioner alleged that the Delaware State Police improperly denied a FOIA request for body camera footage related to two cases.
DECIDED: As the investigatory files exemption applies to the requested footage, no violation of FOIA was found.
Read MorePetitioner alleged that the Delaware Department of Education violated FOIA by charging unreasonable and improper fees to access records that are in the Department’s custody but held by an outside firm. The petition also alleges that conditioning access on full payment of the contractor fee in advance violates FOIA.
DECIDED: The Department did not violate FOIA by requiring payment of all estimated fees in advance. As some requested information is likely not subject to disclosure under Section 10002(o)(17), it is recommended that the Department review the potential scope of records to exclude those types of records subject to this exemption and provide a new cost estimate.
Read MorePetitioner alleged that the Town of Greenwood violated FOIA by holding executive sessions on August 13, 2025 and December 8, 2025 regarding the petitioner, despite the petitioner’s request that any discussions of job performance be held in open session.
DECIDED: The Town did not violate FOIA, because the Town Council’s executive sessions were authorized by the exception for strategy sessions for potential litigation in Section 10004(b)(4).
Read MorePetitioner alleged that the City of Wilmington improperly denied access to interview panelists’ records regarding a job position for which the petitioner interviewed.
DECIDED: As these records were exempt pursuant to the common law right of privacy under Section 10002(o)(6), the City did not violate FOIA by denying access to the requested records.
Read MorePetitioner alleged that the Delaware State Housing Authority violated FOIA by: (1) withholding the petitioner’s tenant program application records submitted to the Authority; (2) withholding records required to be produced by the Authority’s hearing process and other federal programs; (3) denying the requests by email, rather than a formal letter; and (4) disregarding the retention laws applicable to the requested records.
DECIDED: The Authority violated FOIA by failing to meet its burden to demonstrate that access to the tenant program application records was properly denied under FOIA. The remaining claims do not constitute violations of FOIA.
Read MorePetitioner alleged that the Redding Consortium for Educational Equity violated FOIA by creating barriers to access at its November 18, 2025 meeting. The petition also made claims regarding other unspecified meetings and public records requests and alleged that the Consortium improperly scheduled meetings at the same time as other educational public bodies.
DECIDED: The Consortium did not violate FOIA at the November 18, 2025 meeting. The remaining claims are not appropriate for consideration.
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