Petitioner alleged that DNREC improperly denied records request for several reasons: 1) the denial was in violation of another Delaware statute; 2) DNREC provided insufficient justification for the denial; and 3) the exemptions for pending or potential litigation and investigatory records did not apply to the requested records. DECIDED: This Office does not have the authority under the FOIA statute to determine whether another statute was violated. DNREC provided sufficient justification for its denial. DNREC appropriately cited the pending litigation exemption because the individual requesting records is a member of the entity that is actively involved in a pending administrate appeal with DNREC.
Read MorePetitioner alleged that DNREC improperly withheld database records and did not provide sufficient assistance in identifying and locating responsive records. DECIDED: DNREC is not required by FOIA to create a new record to provide the information sought and that DNREC sufficiently provided reasonable assistance to identify and locate the information sought.
Read MorePetitioner alleged that he was entitled to receive Delaware Department of Insurance (“DOI”) records because DOI denied records in bad faith, was required to provide records to non-citizens of Delaware, and was required to provide the records pursuant to another Delaware statute. DECIDED: DOI did not violate FOIA as alleged.
Read MorePetitioner alleged that the Town Manager and Police Chief lacked the authority to execute certain documents, that the Town Manager and Police Chief are a public body that must hold open meetings, and that the public interest in these documents must trigger open meeting requirements. DECIDED: No FOIA violation was found. Questions of municipal law are outside the scope of FOIA.
Read MorePetitioner alleged that the Delaware State Police (“DSP”) improperly withheld records under the Law Enforcement Officers’ Bill of Rights (“LEOBOR”) and a confidentiality order. DECIDED: Complaints against law enforcement officers were properly withheld as records specifically exempted from public disclosure under LEOBOR. There was insufficient information from the parties to determine if other records responsive to the request for litigation documents exist. This Office recommended that the petitioner file a new request with any available information to assist DSP in locating possibly responsive records and DSP respond to the request as required by FOIA.
Read MorePetitioner alleged that a meeting of the Dewey Beach Town Manager, Audit Committee chair, accountants, and auditor constituted a meeting of a public body that did not meet open meeting requirements. Petitioner further alleged that certain legal authority and the public interest in the meeting topic required the meeting to be subject to open meeting requirements. DECIDED: No FOIA violation was found. Questions of municipal law are outside the scope of FOIA.
Read MorePetitioner alleged that a meeting agenda for the Sussex County Board of Adjustment did not describe an agenda item in sufficient detail. DECIDED: No FOIA violation was found.
Read MorePetitioner alleged that the Town of Dewey Beach improperly cited the exemption for investigatory materials in denying his request for a video. DECIDED: The video is part of an investigative file. Thus the exemption was properly applied.
Read MorePetitioner alleged that the Auditor of Accounts did not respond to his request for records within the time required by FOIA and did not respond to questions. DECIDED: AOA violated FOIA by not responding within 15 business days. However, because the documents were since provided, no remediation recommended. FOIA does not require a public body to respond to questions.
Read MorePetitioner alleged the Division of Revenue improperly withheld records. DECIDED: The records requested were not considered public records under FOIA since they are specifically exempted from public disclosure by 30 Del. C. § 368, which prohibits the disclosure of information contained in tax records. No FOIA violation was found.
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