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.
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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.
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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.
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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.
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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.
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Date Posted: Monday, September 18th, 2023
Petitioner alleged that the City of Wilmington improperly denied requests for certain records related to Operation Safe Streets and the Governor’s Task Force under the pending litigation exemption.
DECIDED: The City did not violate FOIA by denying access to certain records pursuant to the pending litigation exemption.
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Date Posted: Tuesday, August 15th, 2023
Petitioner alleged that voting on the permit less than fifteen days after the public hearing is a violation of applicable law; that a certain councilmembers’ vote was substantively inconsistent with the councilmember’s answers to questions; and that the City failed to post its April meeting minutes, and any subsequent meeting minutes, to its website.
DECIDED: The City did not violate FOIA by failing to post meeting minutes to its website. This Office lacks the authority to determine the remaining claims.
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Date Posted: Wednesday, August 9th, 2023
Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) violated FOIA by failing to provide updates and good faith estimates of the time needed to fulfill two FOIA requests.
DECIDED: The DHSS violated FOIA by failing to provide good faith estimates of the time needed, as required by the FOIA statute.
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Date Posted: Tuesday, August 8th, 2023
Petitioner alleged that the City of Dover improperly denied a FOIA request for a list of properties with their water shut off.
DECIDED: As the City provided sworn testimony that it does not have a responsive record, it was determined that no violation of FOIA occurred.
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Date Posted: Tuesday, August 1st, 2023
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) improperly denied a request for various records of the Diamond State Port Corporation related to its selection of an operator for the Port of Wilmington.
DECIDED: DNREC did not violate FOIA by denying access to these requested records.
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