Complainant asserts that DelDot violated FOIA open records requirements when it redacted names/addresses from individuals who made public comments related to the US 113 North-South Study. DelDot argued the names/addresses were redacted for reasons of personal privacy. HELD: DelDOT must release the names/addresses. Delaware has not created a per se right to privacy in one’s name/address. There is no federal or Delaware statute that applies to names/addresses of individuals who voluntarily make comments to a public agency.
Read MoreIssue is whether the Manufactured Home Owners and Community Owners Act (“Chapter 70”) applies to Nobles Pond in Dover. HELD: Yes. The definition of “manufactured home” in Chapter 70 deleted the previous language “and which is built on a permanent chasis.” Application of Chapter 70 turns on the presence or absence of land/lease arrangements not on technical definitions of housing standards.
Read MoreComplainant asserts City violated FOIA by refusing to release documents related to collective bargaining between the City and one of its Unions and records relating to hiring of outside counsel. City asserts documents are exempt from release pursuant to 29 Del. C. Section 10002(g)(8) exempting document “involving labor negotiations or collective bargaining.” HELD: FOIA is co-extensive with the duty under Public Employment Relations Act (“PERA”) to provide information. The FOIA exemption excludes only records that could be excluded from the duty to provide information in collective bargaining. That is a question of labor law to be determined by PERB. However, the request for documents relating to hiring outside counsel should be produced. There is substantial public interest in how public bodies spend the public’s money.
Read MoreComplainant asserts DSU violated FOIA open records requirements by refusing to provide records relating to two collective bargaining complaints filed by DSU’s Union at the Delaware Public Employment Relations Board (“PERB”) on the basis of “pending or potential litigation” and no responsive documents. HELD: DSU violated FOIA because PERB does not create a clear right to the pending litigation exception. DSU did not violate FOIA for other parts of the request where no documents are available.
Read MoreComplainant asserts Town violated FOIA by charging an excessive amount for town related emails that were on the Mayor’s home computer. The Town informed Complainant that it would charge $1,875 for a contractor to retrieve the documents because the Town did not have an employee who could provide this service. HELD: Town did not overcharge for the FOIA request. Public body may choose to employ services of a private contractor to respond to FOIA requests so long as decision to do so is reasonable.
Read MoreComplainant asserts that District failed to post agenda for meeting and to keep meeting minutes. District agreed that no agenda was posted and no minutes were taken. District committed to posting agendas and keeping minutes going forward.
Read MoreComplainant asserts that town violated FOIA open meetings requirements related to (1) adequacy of notice of executive session on agenda; 92) exclusion of town manager from executive session and (3) whether matters discussed were appropriate for executive session. The agenda listed “Executive Session to Discuss Contract and Personnel Issues.” Complainant asserts that he believed the executive session topic related to the town manager employment contract. However, the executive session related to the Chief of Police contract. Agenda does not have to give full explanation of topics or names when confidential personnel matters will be discussed. HELD: Notice was adequate, employment contract negotiation matters are appropriate subject for executive session and FOIA does not address whether Counsel can exclude town manager from executive session.
Read MoreComplainant asserts that Town violated FOIA open meetings requirements when it held executive session to discuss subdivision applications. Town’s agenda properly posted and noticed the executive session but did not state the purpose. Town asserted that executive session was for purpose of receiving legal advice. After going into executive session and receiving legal advice, the Council discussed the applications for about an hour and voted on the applications before coming out of executive session. They re-voted at the public continued public meeting. Meeting minutes did not reflect legal advice. HELD: Executive Session was held for the proper purpose of receiving legal advice. However, Council violated FOIA by not listing the purpose of the executive session on the agenda, discussing applications during executive session and not properly reflecting legal advice in minutes.
Read MoreComplainant asserts City violated FOIA’s open records requirements by denying FOIA request for documents relating to the City Water Department on the basis of “potential litigation.” City asserted that conversations with Complainant made City believe Complainant would file suit against the City as the documents are released. City provided no other reasons for FOIA denial. HELD: City violated FOIA because they provided no evidence of a “realistic and tangible threat of litigation” characterized by objective factors in support of the FOIA denial.
Read MoreComplainant asserts Town violated FOIA by privately (i) discussing whether to accept certain funds from DelDot; (ii) going into executive session to discuss transferring capital improvement funds to a litigation defense fund; and (iii) refusing to permit public comment at public meeting/ Town asserts (i) Town Manager and not Town Commission has authority to determine whether to accept funds and that Town Manager’s request for individual input from Commissioners does not constitute private meetings in violation of FOIA; (ii) executive session was properly noticed and for a proper purpose; (iii) Mayor’s refusal to accept public comment at meeting did not violate FOIA; HELD: (i) FOIA does not apply to Town Manager who had authority to accept or reject DelDot Funds; (ii) executive session was properly noticed and discussion of litigation resources was proper for executive session; (iii) FOIA provides no right for the public to speak at a public meeting.
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