Petitioner alleged that the Delaware State Housing Authority violated FOIA by failing to properly search for records responsive to this request for housing records. The petitioner also alleged that the response was not sent within the statute’s timeframes for providing a response, and if the Authority does not have a file on this community, the petitioner questions the basis for this assertion.
DECIDED: The Authority violated FOIA by failing to meet its burden of proof to demonstrate that it performed an adequate search for responsive records. The remaining claims do not constitute violations of FOIA.
Read MorePetitioner alleged that the City of Wilmington violated FOIA by: (1) failing to provide an appropriate notice that additional time would be needed; (2) failing to demonstrate in its response to the request that the City conducted an adequate search for records; (3) failing to justify in its response to the request withholding records under the attorney-client privilege.
DECIDED: The City violated FOIA by failing to meet Section 10003’s requirements when the City needed additional time to fulfill the request. The remaining claims regarding the City’s failure to meet its burden of proof in its response to the petitioner’s request are without merit.
Read MorePetitioner alleged that the Delaware State University violated FOIA by improperly denying a records request.
DECIDED: As the petitioner is not a citizen of Delaware, the request is not subject to FOIA, and the University did not violate FOIA by denying access to the requested records.
Read MorePetitioner alleged that the City of Wilmington violated FOIA by failing to produce records for six categories of records sought in the request.
DECIDED: The City did not violate FOIA as a part of the information was provided, and compiling the remaining categories would require the City to create a new document.
Read MorePetitioner alleged that the Wilmington Housing Authority failed to produce documents regarding repairs on the residential unit, handwritten and typed maintenance records, certain correspondence, and tenant file documents. The petition also alleged that the records were improperly produced in multiple installments over several months and that the Authority did not give a complete explanation in its response regarding what searches were conducted, which departments were searched for records, whether records were unavailable, whether any records are being withheld, and the legal basis for any withholding.
DECIDED: The Authority violated FOIA by failing to meet its burden to demonstrate an adequate search for responsive records. The remaining allegations are not violations of FOIA.
Read MorePetitioner alleged that the City of Wilmington violated FOIA by failing to send a timely response to the petitioner’s request.
DECIDED: As the City did not respond to the request, the City was found in violation.
Read MorePetitioner alleged that the Town of Dewey Beach violated FOIA by denying access to the email addresses of the Town’s committee members.
DECIDED: The Town did not violate FOIA by declining to disclose the committee members’ personal email addresses.
Read MorePetitioner alleged that the City of Lewes improperly denied a request for two union grievances.
DECIDED: As the City did not demonstrate that these records were appropriately withheld, the City was found in violation.
Read MorePetitioner alleged that the Delaware Department of Correction (“DOC”) did not timely respond to petitioner’s request for records related to certain events at a correctional institution.
DECIDED: Because the DOC did not demonstrate that it responded to the request, the DOC was found in violation.
Read MorePetitioner alleged that the Town of Frederica did not respond to the petitioner’s requests within the requisite timeframe.
DECIDED: Based on the Town’s sworn statements, it was determined that the Town did not violate FOIA in this regard.
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