OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 15-IB04 June 29, 2015 VIA EMAIL AND U.S. MAIL Mitch Crane, Esquire Chairman Delaware Manufactured Housing Relocation Authority 110 Main Street, Suite G Camden, DE 19934 Dear Mr. Crane: In your letter of April 28, 2015 (the “Request”), on behalf of […]
Read MoreThe petitioner alleged that the Kent County Recorder of Deeds violated FOIA by not providing requested documents in a format that could be stored on external media. Held: Because FOIA only requires a public body to provide “reasonable access” to the public records, and two alternatives for reasonable access were offered to the Petitioner (inspection and copying during business hours or a paid subscription service), there was no FOIA violation.
Read MoreThe petitioner requested a determination of whether the Department of Education (“the Department”) had violated the Freedom of Information Act (“FOIA”) by withholding requested documents until he paid $6,568.86 for their procurement, an amount he believed to be overestimated in order to discourage the request. Held: A FOIA violation occurred because the fees were not reasonable and were reduced by the Department of Justice to a maximum of $1,725.04, but there was no basis to conclude that the original estimate was intended to discourage the petitioner’s request. It was not a FOIA violation for the Department to require payment of some of all of the fees in advance.
Read MoreThe petitioner alleged the Appoquinimink School Board (“the Board”) committed multiple violations of the Freedom of Information Act (“FOIA”); specifically, they were alleged to have voted on a superintendent contract (“the Contract”) while in executive session, not provided sufficient notice that the contract would be discussed in agendas for two dates, and corrected an agenda to reflect the discussion after the meeting had been held. Held: The Board violated FOIA’s open meetings requirements when it (i) discussed the Contract in executive session at the June 2014 Board meeting for purposes not authorized by FOIA; (ii) failed to specifically list the consideration of the Contract in the June 2014 Meeting agendas; and (iii) failed to specifically list the discussion of the Contract in the December 2014 Meeting agenda.
Read MoreThe Office of Management and Budget sought advice on whether Delaware National Guard (DNG) Fire Fighters are covered only by federal rather than state collective bargaining law and if covered by state law, whether their rights were limited by 20 Del. C. § 185, which requires DNG employees to be governed by the rules and regulations, including pay scale, applicable to the federal military technician program. Held: DNG Fire Fighters who have been certified as a collective bargaining unit by the State of Delaware Public Employment Relations Board may legitimately avail themselves of the State of Delaware’s collective bargaining laws to determine their collective bargaining rights, but those rights are controlled and limited by 20 Del. C. § 185.
Read MoreThe Complainant alleged the Delaware Department of Education (“DDOE”) provided an incomplete response to his request for documents. DDOE admitted it had withheld certain documents pursuant to applicable privacy statutes and regulations. Held: applicable State and federal statutes and regulations prohibit the release of records that could be identified to an individual student. Applying the standards set by the U.S. Department of Education, the requested documents are not “public records,” so DDOE cannot produce them.
Read MoreThe Complainant alleged the Department of Technology and Information (“DTI”) improperly withheld information regarding assessments for the Delaware Broadband Fund (the “Fund”). DTI withheld the assessments of three carriers at their request because the carriers alleged the assessments constituted “trade secrets” or “commercial financial information” that would constitute a threat to their respective competitive positions. Held: information withheld should have been produced. There was no apparent threat of competitive harm, given the voluntary release of assessment information to the Complainant by dozens of competitors.
Read MoreThe Complainant alleged the Board of Adjustment of the City of Newark (“Board”) held an “open meeting” in violation of the Freedom of information Act (“FOIA”) because it failed to provide a facility for a hearing that was large enough to accommodate all who wished to attend. The meeting had been moved to the auditorium at Newark High School. Held: the size of the venue chosen was “reasonable.” Public comment was not allowed or required in any event.
Read MoreThe Complainant alleged the Delaware Transit Corporation (“DTC”) improperly refused to provide copies of contracts between Gateway Outdoor Advertising (“Gateway”) and various entities that purchased advertising space on DTC buses. Gateway contracts with DTC to sell bus advertising. Held: DTC’s rights and powers under its contract with Gateway were not sufficient to make the contracts with advertisers “public records.”
Read MoreThe Complainant alleged the Town Council of Frankford (the “Council”) conducted an “open meeting” in violation of the Freedom of Information Act (“FOIA”) on the basis of the absence of discussion of a proposed charter amendment eliminating a cap of fifteen percent of payroll on pension and health care benefits for town employees. The Town had continuously exceeded the cap for years, a fact that was discussed at least twice at public meetings attended by the Complainant. The proposed amendment simply eliminated the cap. Held: in the absence of evidence of a meeting of a quorum of the Council, serially or otherwise, there was no basis to conclude a violation of FOIA’s “open meetings” provision occurred.
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