Petitioner alleged that the City of Wilmington violated FOIA by improperly denying a FOIA request for a copy of the presentation from a March 2025 meeting involving the City and Riverfront Development Corporation officials.
DECIDED: The City violated FOIA by failing to demonstrate that it appropriately asserted the commercial and financial information exemption in response to this request. However, the City did not violate FOIA by failing to include an affidavit with its response to the request.
Read MorePetitioner alleged that the Delaware State Police, Delaware Department of Safety and Homeland Security (“DSP”) violated FOIA by improperly denying access to records related to police officer encounter.
DECIDED: As the investigatory files exemption applies, DSP did not violate FOIA in denying access to the requested records.
Read MorePetitioner alleged that the Smyrna School District improperly denied a request for records related to the use of restraints and seclusion.
DECIDED: As the District demonstrated that the requested records were exempt from disclosure pursuant to the potential litigation exemption, the District did not violate FOIA by denying access to these records.
Read MorePetitioner alleged that the Delaware Department of Correction (“DOC”) failed to respond to the revised requests for certain correctional records and did not provide a complete response to the request for special counsel records. Petitioner also asked the DOC about the special counsel policy records provided.
DECIDED: The DOC violated FOIA by failing to timely respond to the revised requests for various correctional records and by failing to meet its burden of demonstrating it performed an adequate search for the agreements and invoices related to the special counsel records request. No violation is found with respect to the DOC’s failure to answer a question posed in the Petition.
Read MorePetitioner alleged that the City of Milford violated FOIA by not permitting his client to speak about two ordinances at the January 13, 2025 City Council meeting.
DECIDED: The City violated FOIA by not permitting your client to give public comment at this meeting.
Read MorePetitioner alleged that the City of Wilmington violated FOIA by denying access to the requested records.
DECIDED: As the City demonstrated the records were exempt, the City did not violate FOIA by denying access to the requested records.
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Petitioners alleged that the Senate Judiciary Committee of the Delaware General Assembly violated the notice requirements of FOIA by failing to post its revised agenda at least six hours before its March 12, 2025 meeting with the reasons for delay articulated in the agenda.
DECIDED: The Committee’s March 12, 2025 meeting agenda did not violate FOIA, as the General Assembly is exempted from FOIA’s meeting notice requirements.
Read MorePetitioner alleged that the Village of Arden violated FOIA by not providing all the responsive emails and by improperly redacting materials from the production.
DECIDED: The Village violated FOIA by failing to support its search for responsive records was adequate and by failing to support its redactions of comments that were personal in nature. No violation was found with respect to the redactions for nonresponsive communications.
Read MorePetitioner alleged that the Brandywine School District violated FOIA by denying access to a request for the hearing officer’s report and the exhibits related to a public employee termination hearing.
DECIDED: Because these records are exempt from FOIA pursuant to the personnel file exemption, the District did not violate FOIA by denying access to the requested records.
Read MorePetitioners alleged that the Joint Legislative Oversight and Sunset Committee of the Delaware General Assembly violated FOIA at its February 13, 2025 meeting by discussing topics that were not appropriately noticed on the meeting agenda.
DECIDED: The Committee’s February 13, 2025 meeting agenda did not violate FOIA, as the General Assembly is exempted from FOIA’s meeting notice requirements.
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