Petitioner alleged that the Department of Correction improperly denied her request for information on pre-trial detainees.
DECIDED: No FOIA violation was found. The information requested is exempt from FOIA under 29 Del. C. § 10002(l)(6) which exempts any records prohibited from disclosure by statute. In these circumstances, it was determined that 11 Del. C. § 4322(a) and 11 Del. C. § 8513(d) precluded disclosure of the requested records.
Petitioner challenged the timeliness of the Department of Correction’s response to its FOIA request for certain emails, alleging that DOC’s good faith estimate and cost estimate for completing the request were not provided within fifteen business days.
DECIDED: As Petitioner received a response to her FOIA request since filing the Petition, the Petition’s allegations were determined to be moot.
This Office was asked to determine whether the Department of State appropriately denied a request for an unredacted copy of video showing an inmate’s death that was previously shown in a public disciplinary hearing of a nurse.
DECIDED: The Department of State’s denial violated FOIA because the privacy rights invoked by the Department are not entitled to protection under 29 Del. C. 10002(l)(6) and 29 Del. C. 10002(l)4).
This Office was asked to determine whether the Delaware Department of Correction improperly denied Petitioner’s request for quality assurance audits conducted by DOC.
DECIDED: No FOIA violation was found, as the records were statutorily prohibited from disclosure under 29 Del. C. 10002(l)(6). The quality assurance audits in DOC’s possession constitute peer review materials, which are statutorily exempt from FOIA under 24 Del. C. § 1768 , and DOC attested that it did not create its own quality assurance audits.
Petitioner challenged the Delaware Department of Transportation’s denial of their request for data from the Crash Analysis Reporting System (CARS) database.
DECIDED: No FOIA violation was found. This Office found that the data was exempt from FOIA under 29 Del. C. 10002(l)(6) and 10002(l)(3).
This Office was asked to determine whether the City of Rehoboth appropriately denied a records request for the agenda and minutes for two City meetings.
DECIDED: No FOIA violation was found. The meeting attendees did not constitute a meeting of a public body nor did the meetings include a quorum of any existing public body. Thus, the City properly denied the request for records that did not exist, nor were these records required by FOIA to be created.
Petitioner alleged that the Delaware Auditor of Accounts did not respond to their FOIA request within 15 business days in the manner required by FOIA.
DECIDED: As AOA provided a response, the matter was found to be moot.
Petitioner alleged that the Delaware Department of Safety and Homeland Security did not respond to their FOIA request within 15 business days in the manner required by FOIA.
DECIDED: As DSHS provided a response, the matter was found to be moot.
Petitioner alleged that DOC improperly denied their request for presentence investigations of sixteen inmates who had been executed by the State of Delaware. DOC responded that investigatory files are exempt from FOIA and that another statute specifically prohibited releasing the records to anyone but specified agencies without a qualifying order.
DECIDED: No FOIA violation was found as the records are exempt from the definition of public record as investigatory files and as records statutorily prohibited from public disclosure.
Petitioner made a number of allegations that Dewey Beach violated the open meetings provisions of FOIA with regard to the Mayor’s reference to a FOIA request Petitioner filed, raising the following three questions for consideration: 1) whether the individuals asked by the Mayor to “look into that FOIA” violated open meeting requirements; 2) whether the agenda provided sufficient notice of the Mayor’s announcement with respect to this request; and 3) whether the Town Council improperly discussed the FOIA matter in executive session.
DECIDED: No FOIA violation was found. This Office found no evidence that the individuals asked to look into the FOIA request met or planned to meet. In addition, this Office further found that this topic was not a “major issue to be discussed” that must be included on an agenda because Council did not consider or discuss the substance of this topic and that a preliminary request for research or review of a matter of public business does not constitute a “major issue to be discussed.” Also, the Town’s attorney confirmed that the FOIA matter was not discussed in the executive session.
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