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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Date Posted: Tuesday, June 6th, 2023
Petitioner alleged that the Fort DuPont Redevelopment and Preservation Corporation (“FDRPC”) violated FOIA by responding to his request by granting him the opportunity to inspect the records at the FDRPC’s office.
DECIDED: The FDRPC did not violate FOIA by offering an appointment to inspect the requested records.
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Date Posted: Thursday, May 18th, 2023
Petitioner alleged that the Delaware Department of Elections improperly denied access to certain records related to voting.
DECIDED: The Department did not violate FOIA by denying access to the requested records.
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Date Posted: Friday, April 21st, 2023
Petitioner alleged that the Delmar School District Board of Education violated FOIA by failing to properly notice the executive session of its March 21, 2023 meeting, by considering the agenda items out of order at the meeting, and by failing to identify the individual personnel items subject to vote.
DECIDED: The Board violated FOIA by failing to provide proper notice of its executive session in its March 21, 2023 meeting agenda and by the manner in which the Board reordered its agenda without notice to the attendees. The personnel items were addressed in Attorney General Opinion No. 23-IB12.
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Date Posted: Thursday, April 20th, 2023
Petitioner alleged that the Delaware Department of Finance improperly denied access to certain records related to unclaimed property auditors.
DECIDED: The Department did not violate FOIA by denying access to these requested records under the pending litigation exemption in 29 Del. C. § 10002(o)(9).
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