Date Posted: Monday, September 18th, 2023
Petitioner alleged that the City of Wilmington improperly denied requests for certain records related to Operation Safe Streets and the Governor’s Task Force under the pending litigation exemption.
DECIDED: The City did not violate FOIA by denying access to certain records pursuant to the pending litigation exemption.
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Date Posted: Tuesday, August 15th, 2023
Petitioner alleged that voting on the permit less than fifteen days after the public hearing is a violation of applicable law; that a certain councilmembers’ vote was substantively inconsistent with the councilmember’s answers to questions; and that the City failed to post its April meeting minutes, and any subsequent meeting minutes, to its website.
DECIDED: The City did not violate FOIA by failing to post meeting minutes to its website. This Office lacks the authority to determine the remaining claims.
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Date Posted: Wednesday, August 9th, 2023
Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) violated FOIA by failing to provide updates and good faith estimates of the time needed to fulfill two FOIA requests.
DECIDED: The DHSS violated FOIA by failing to provide good faith estimates of the time needed, as required by the FOIA statute.
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Date Posted: Tuesday, August 8th, 2023
Petitioner alleged that the City of Dover improperly denied a FOIA request for a list of properties with their water shut off.
DECIDED: As the City provided sworn testimony that it does not have a responsive record, it was determined that no violation of FOIA occurred.
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Date Posted: Tuesday, August 1st, 2023
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) improperly denied a request for various records of the Diamond State Port Corporation related to its selection of an operator for the Port of Wilmington.
DECIDED: DNREC did not violate FOIA by denying access to these requested records.
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Date Posted: Tuesday, July 25th, 2023
Petitioner alleged that the Indian River School District improperly denied a request for certain employment information and District polices. In addition, the Petition claimed that the District improperly failed to maintain an online portal for accepting FOIA requests.
DECIDED: The District violated FOIA by failing to meet it burden to justify its denial of access to the employment information requested. No violations were found with respect to the Petition’s claims about the online portal or the requested policies.
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Date Posted: Wednesday, July 12th, 2023
Petitioner alleged that the Villages of Arden, Ardentown, and Ardencroft violated FOIA by failing to post the June 26, 2023 meeting notices on their websites and by scheduling these meetings in Arden.
DECIDED: As the Villages are not required to post their meeting notices and agendas on their website and the meetings’ locations were compliant with FOIA, no FOIA violation occurred.
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Date Posted: Monday, July 3rd, 2023
Petitioner alleged that the Town failed to respond to two requests for meeting minutes and the most current decorum policy.
DECIDED: The Town has violated FOIA by failing to meet its burden to justify its denial of access to these requested records.
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Date Posted: Monday, June 26th, 2023
Petitioner alleged that the Diamond State Port Corporation (“DSPC”) violated FOIA by failing to post a timely and sufficient notice of its May 22, 2023 executive session and by allowing nonmembers of the Board to attend an executive session.
DECIDED: The DSPC did not violate FOIA as alleged in the Petition with respect to the May 22, 2023 executive session agenda. However, the DSPC violated FOIA by failing to meet its burden of demonstrating its executive session attendees were appropriate.
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Date Posted: Tuesday, June 13th, 2023
Petitioner alleged that the City of Wilmington violated FOIA by denying access to certain records related to the City’s parking enforcement.
DECIDED: The City did not violate FOIA, because the City demonstrated that the pending ligation exemption applied to the requested records.
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