Petitioner alleged that New Castle County violated FOIA by denying access to certain records related to a law enforcement encounter.
DECIDED: Because the requested records are exempt pursuant to the investigatory files exemption, no violation occurred.
Read MorePetitioner alleged that the Town of Blades violated FOIA because the Town Council voted on a plumbing contract upon exiting an executive session for “personnel” purposes, but this contract was not listed on the agenda. In addition, the petitioner alleges that the amount of the contract was not disclosed in violation of the Town’s requirements.
DECIDED: Because the Town did not respond to this petition with evidence of its compliance, it was determined that the Town violated FOIA by failing to give sufficient public notice of its intent to vote to hire a plumbing company. The issue related to the Town’s contractual requirements is not appropriate for consideration.
Read MorePetitioner alleged that New Castle County violated FOIA by denying a request for records related to a law enforcement operation at a residence.
DECIDED: As the records were properly withheld under the investigatory files exemption, the County did not violate FOIA as alleged.
Read MorePetitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) violated FOIA by: (1) applying an overly broad interpretation of the privacy exemption to the petitioner’s request; and (2) by failing to identify the specific records withheld and the applicable exemption and to explain why partial disclosure is not feasible in the response to the petitioner’s request.
DECIDED: The DHSS did not violate FOIA by denying access to the requested records. The DHSS also did not violate FOIA by failing to compile an index of withheld records, nor by failing to provide the requested explanations in its response to the request.
Read MorePetitioner alleged that New Castle County improperly denied a request for records related to a sewage backup and flooding incident.
DECIDED: As the County sufficiently demonstrated that the potential litigation exemption applies, no violation of FOIA was found.
Read MorePetitioner alleged that the Delaware State Police, Department of Safety and Homeland Security violated FOIA by improperly denying a request for certain records related to a traffic stop.
DECIDED: As the records were appropriately withheld under the pending litigation exemption, no violation of FOIA was found.
Read MorePetitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) failed to: (1) respond to the FOIA request within 15 business days; (2) provide records within a reasonable time; and (3) properly assess fees.
DECIDED: DNREC violated FOIA by failing to provide a good faith estimate of how much additional time was needed to fulfill the FOIA request. However, DNREC did not violate FOIA in its December 4, 2025 response or for the fees charged.
Read MorePetitioner alleged that the Delaware State Police, Department of Safety and Homeland Security (“DSP”) violated FOIA by failing to demonstrate it appropriately searched for statistics responsive to two portions of the petitioner’s FOIA request.
DECIDED: The DSP violated FOIA by failing to demonstrate through sworn statements that the identified portions of the request for records were appropriately denied.
Read MorePetitioner alleged that the City Council of Dover held a rescheduled meeting with less than seven days’ notice and did not give sufficient notice of the revisions to an ordinance item.
DECIDED: Because the notice to reschedule the meeting did not include a sufficient reason for giving less than seven days’ notice of this item, the City was found in violation of FOIA.
Read MorePetitioner alleged that the City of Dover’s response to the petitioner’s FOIA request for certain City Council rules was insufficiently vague.
DECIDED: The City did not violate FOIA by providing an unclear response to the request.
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