Petitioner 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.
Read MorePetitioner alleged that the Frankford Town Council improperly met in executive session and held a vote to fire their solicitor. DECIDED: No vote was held in executive session. Further, this Office determined that the executive session was properly held to discuss an individual’s competencies and abilities. No FOIA violation was found.
Read MorePetitioners alleged that the Dewey Beach Town Council held a meeting that was not noticed to the public when a majority of the Town Council attended a meeting of the Audit Committee. DECIDED: Because there was no allegation that the Councilmembers discussed or deliberated public business among themselves, held a vote, or reached a consensus, their presence at another body’s meeting did not constitute a meeting of the Town Council. No FOIA violation was found.
Read MorePetitioners alleged that the Town violated FOIA in two ways: 1) five individuals associated with the Town privately communicated about a building permit outside of a public meeting; and 2) the Building Committee improperly approved a building permit without a public meeting and vote. DECIDED: The five individuals are not a public body, and thus, their communications did not violate FOIA. The Building Committee violated FOIA by not holding a public meeting to approve the permit. It is recommended that the Building Committee conduct a public meeting to formally vote on the permit application. A supplemental opinion is to follow.
Read MorePetitioner alleged that Christina School District withheld requested information. DECIDED: No FOIA violation was found, as the District asserted it did not have records meeting the parameters of the petitioner’s request and FOIA does not require a public body to create a new record.
Read MorePetitioner alleged that Sussex County Council violated FOIA by not including sufficient detail in the executive session minutes or its motion to during a public meeting and by allowing a councilmember to take part in the executive session discussing the land acquisition despite recusal. DECIDED: The executive session minutes were sufficiently detailed and therefore complied with FOIA. The motion was sufficiently detailed due to the need for maintaining confidentiality of the site acquisition price. Although no violation was found, Council should have publicly disclosed the price at a later public meeting. No FOIA violation was found with regard to the councilmember’s recusal from executive session since he departed upon recognizing the need for recusal.
Read MorePetitioner alleged two FOIA violations against the Wilmington Housing Authority: that a vote to approve a topic discussed in executive session gave insufficient notice of the topic to the public and that it was not properly noticed in the agenda. DECIDED: First, it was incorrect to label the purpose of the executive session as “personnel” in the agenda. This Office determined that WHA committed a technical violation which required no remediation. Second, no FOIA violation was found for the allegation of insufficient notice with regard to the vote.
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