Petitioner alleged that the Delaware Office of Management and Budget improperly denied the FOIA request due to lack of state citizenship, because a state citizenship requirement is unconstitutional.
DECIDED: No violation of FOIA was found.
Read MorePetitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) improperly responded to the FOIA request, because Section 10002(o)(16) only shields emails sent by members of the General Assembly, not emails sent to members, and the request merely sought emails that were sent to the General Assembly from DNREC.
DECIDED: As any emails received by the General Assembly members or their staff are exempt, no violation was found in this regard.
Read MorePetitioner alleged that the Village of Arden violated FOIA by failing to post a proper meeting notice for the September 22, 2025 meeting with the time and location. The petitioner also alleged that the mailed notice was improper.
DECIDED: The Village violated FOIA by failing to post a sufficient notice for the meeting initially scheduled for September 22, 2025, but rescheduled for September 29, 2025. The second claim was not an allegation of a FOIA violation and was outside the scope of the determination.
Read MorePetitioner alleged that the Delaware State Police, Department of Safety and Homeland Security’s (“DSP”) denial of your request was overly broad.
DECIDED: As the requested logs and call summaries were part of the investigatory files, DSP did not violate FOIA by denying access to these records.
Read MorePetitioner alleged that the Town of Millsboro violated FOIA by denying her request for complaints, providing website links in response to certain requests, creating unclear meeting minutes, and failing to post the meeting agendas online.
DECIDED: No violation of FOIA was found.
Read MorePetitioner alleged that Sussex County violated FOIA by denying its FOIA request under the pending litigation exemption.
DECIDED: As litigation was pending and the requested records pertained to the pending litigation, it was determined that the records were exempt.
Read MorePetitioner alleged that the Delaware Office of State Planning Coordination violated FOIA by declining to accept written public comment in connection with the September 3, 2025 Preliminary Land Use Services meeting.
DECIDED: As public bodies are not required to accept written comments during the public comment period of a meeting, no violation of FOIA was found.
Read MorePetitioner alleged that Town of Greenwood violated FOIA by failing to have its current FOIA coordinator on its website and by holding an executive session for an improper purpose.
DECIDED: The Town did not violate FOIA by failing to have its new FOIA coordinator on its website at the time of the Petition. The remaining claim regarding the propriety of the executive session discussions is not appropriate for consideration.
Read MorePetitioner alleged that the Delaware State Police, Department of Safety and Homeland Security refused to provide a copy of the police report documenting the petitioner’s verbal complaint.
DECIDED: As this report is exempt as an investigatory file record under Section 10002(o)(3), no violation of FOIA was found.
Read MorePetitioner alleged that the City violated FOIA by improperly shifting responsibility to the petitioner by recommending a change to email providers when the petitioner did not receive confirmations of requests. The petition alleges that request 2025-38 was declared closed without a complete response, as the City sent partial vendor totals without providing the full, underlying financial disclosure records requested and that the cost estimate of $9,592.00 for request 2025-60 was excessive and unreasonable.
DECIDED: The City violated FOIA by failing to demonstrate its cost estimate was compliant with FOIA’s fee provisions. However, no violation with respect to the remaining claims was found.
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