Petitioners alleged that the Division of Public Health violated FOIA by withholding certain categories of information from the Office of Animal Welfare call log. During the pendency of the petition, DPH provided certain additional categories of information, but maintained that the remaining redactions were proper pursuant to the investigatory exemption. DECIDED: As DPH ultimately provided certain categories of information, DPH violated FOIA by not providing those categories in the first instance or, in the alternative, indicating that additional time was needed. However, no remediation was recommended because the information had already been provided. DPH did not violate FOIA by redacting the remaining categories of information pursuant to the investigatory files exemption.
Read MorePetitioner alleged that the Department of Insurance violated FOIA by not providing a copy of its employee manual when Petitioner hand-delivered a written request for the document that same day. DECIDED: No FOIA violation was found. This Office does not interpret FOIA to require a public body to provide immediate in-person access to records upon receipt of a written request.
Read MorePetitioner alleged that his request for a copy of a motion made at a Sussex County Planning & Zoning Commission meeting was improperly denied. DECIDED: No FOIA violation was found. Under the circumstances specific to this case, the document used by the speaker to make the motion (which was captured in audio and video recordings that were provided to Petitioner pursuant to a separate FOIA request) were appropriately considered to be personal notes and not a public record under FOIA.
Read MorePetitioner alleged that the City of Wilmington failed to respond to his FOIA request. DECIDED: The City violated FOIA by not responding within 15 business days. However, as the City has since responded, no remediation was recommended.
Read MoreDepartment of Justice received a request from the Delaware Department of Education for an opinion regarding the application of the formula contained in Title 14, Sections 408(d) and 509(e) of the Delaware Code to “match tax” expenditures that are funded by taxes levied by local school boards under authority granted by 14 Del. C. § 1902(b).
Read MorePetitioner requested a determination of whether the Climate Change Conference held by DNREC was required to adhere to FOIA’s open meetings provisions. DECIDED: No FOIA violation was found. This Office determined that the conference was not a meeting of a public body subject to FOIA’s open meetings provisions.
Read MorePetitioner alleged that the Seaford City Council violated FOIA by failing to provide sufficient notice of an agenda item. Specifically, the Council quoted the name of an ordinance but did not include the language “right to work” in the agenda item. DECIDED: This Office found no FOIA violation. The agenda item met the minimum standard of a “general statement of the major issues expected to be discussed.” The possibility that more descriptive language could have been used instead does not constitute a violation.
Read MorePetitioner alleged that DEMA withheld records showing the inventory of military equipment held by the Dewey Beach Police Department that the Petitioner had requested. DEMA responded that inventory records are only kept on a real-time third-party database and that it had provided all records responsive to the request in DEMA’s possession. DECIDED: This Office found no violation.
Read MorePetitioner alleged that DelDOT violated FOIA by redacting contact information for individuals who submitted electronic Road Condition Reports pursuant to Section 10002(l)(3). DECIDED: No FOIA violation was found.
Read MorePetitioner alleged that the Sussex County Council improperly redacted executive session minutes pursuant to Section 10004(b)(2) on the basis that real estate negotiations remain ongoing and releasing the redacted information would defeat the lawful purpose of the executive session. DECIDED: No FOIA violation was found.
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