Petitioner alleged that DNREC improperly denied a comment period at a hearing to members of the general public while permitting permit applicants to speak.
DECIDED: No FOIA violation was found, because the permit hearing is not subject to FOIA’s open meeting requirements.Read More
Petitioners alleged that the Rehoboth Beach listed an agenda item for a meeting that was impermissibly vague because it did not include the name of a nominee to its membership. The agenda item was amended less than seven days before the meeting to include the name of the nominee.
DECIDED: The City violated FOIA by not briefly stating its reason for amending its agenda, as required by FOIA.Read More
Petitioner alleged that Rehoboth failed to respond to multiple records requests.
DECIDED: This Office determined that the City violated FOIA by failing to timely respond to three requests.Read More
Petitioner alleged that the Land Bank improperly assessed charges for legal review of requested documents. The Land Bank responded that the review of nonpublic information would be done by a staff member rather than an attorney and would thus be considered administrative.
DECIDED: The Land Bank violated FOIA, as the determination of whether information is exempt from FOIA is legal review. This Office recommended that the Land Bank update its cost estimate accordingly.Read More
Petitioner alleged the EAB improperly deliberated an appeal twice in executive session. DNREC argued that 7 Del. C. § 6008(a) permitted these deliberations.
DECIDED: No FOIA violation was found.Read More
Petitioner alleged that City applications for federal grants and emails with federal agencies were improperly withheld. The City argued that the completed applications were under the exclusive control of the federal government and email requests should be directed to the Delaware Department of Technology and Information. DECIDED: The City violated FOIA by denying the requests.Read More
Petitioner alleged that the Town Council of Fenwick Island violated FOIA because the Town officials should have discussed the matter of approving an open pool bar at a public meeting and certain Town officials made unauthorized statements about this approval.
DECIDED: As these issues are outside the scope of FOIA, no violation of FOIA occurred.Read More
Petitioner alleged that the University of Delaware improperly denied its request for records related to the Vice President Biden senatorial papers maintained at the University library.
DECIDED: No FOIA violation was found, as the records were not “public records” subject to FOIA or were exempt pursuant to 29 Del. C. 10002(l)(12) as library patron records.Read More
Petitioner alleged that the University of Delaware improperly denied their request for records and communications related to Vice President Biden’s senatorial papers or communications between anyone acting on behalf of the university and Vice President Biden, his presidential campaign, or other person acting on his behalf.
DECIDED: No FOIA violation was found. The University of Delaware is exempt from FOIA except for the meetings of its Board of Trustees and records related to the expenditure of public funds. The factual record did not indicate that the records requested were related to the expenditure of public funds.Read More
The Petitioner alleged that the City of Harrington 1) improperly delayed a response to a FOIA request for certain items; and 2) did not respond to the remaining items in a timely manner.
DECIDED: This Office was unable to make a finding regarding whether the response was improperly delayed. Because the City has since provided the Petitioner with a response to the remaining items in his FOIA request, the second allegation is moot.Read More