Date Posted: Friday, November 18th, 2022
Petitioner alleged that the City of Wilmington improperly denied his client’s request for body camera footage and city surveillance footage related to a motor vehicle accident in the City.
DECIDED: The City appropriately withheld the requested body camera footage, as it is exempt pursuant to the investigatory files exemption. However, it was determined that the City failed to meet its burden of proof to justify its denial of access to the city surveillance footage.
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Date Posted: Wednesday, November 16th, 2022
Petitioner alleged that the State Employee Benefits Committee of the Delaware Department of Human Resources improperly denied his FOIA request.
DECIDED: The Committee violated FOIA by denying access to the September 19, 2022 public meeting recording.
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Date Posted: Monday, November 14th, 2022
Petitioners alleged that the Dover City Council violated FOIA by voting to discuss a certain item involving special event overtime, vacation and city vehicle usage in a future executive session and the Council did not provide enough information about the item in its meeting packet or by outlining the item during or before the meeting.
DECIDED: The Council may commit a violation of FOIA by discussing all matters contained in this item in executive session, but it was determined that there is no evidence that this alleged violation has occurred to date. In addition, the Council did not violate FOIA by failing to provide information about this item in its meeting packet or a detailed outline about this item before or during the meeting.
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Date Posted: Wednesday, October 19th, 2022
Petitioner alleged that the Department of Safety and Homeland Security (“DSHS”) failed to respond to a FOIA request.
DECIDED: The DSHS violated FOIA by not responding to a request in accordance with the FOIA statute.
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Date Posted: Monday, October 17th, 2022
Petitioner alleged that the response of the Department of Correction (“DOC”) was improper for failing to provide the information in the requested format.
DECIDED: The DOC violated FOIA, as the DOC failed to meet its burden of justifying the denial of access to the requested record.
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Date Posted: Monday, October 17th, 2022
Petitioner alleged that the Department of Insurance employed a bad-faith delaying tactic to respond to the FOIA request with subsequent time reassessments of thirty business days.
DECIDED: The Department demonstrated that its need for additional time to respond to the request was appropriate under the statute and that no violation of FOIA occurred with respect to the Department’s estimations of when a response would be complete.
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Date Posted: Tuesday, October 11th, 2022
Petitioner alleged that the Office of the Governor (“OGov”) improperly denied the request for records related to a project to construct a container port in New Castle County.
DECIDED: OGov did not violate FOIA by denying access to the requested records by invoking the pending litigation exemption.
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Date Posted: Friday, September 30th, 2022
Petitioner alleged that the Division of Forensic Science (“DFS”) of the Delaware Department of Safety and Homeland Security (“DSHS”) improperly denied the request for the date of death of a deceased gunshot victim.
DECIDED: DFS did not violate FOIA by denying access to the requested records, as they are exempt from disclosure under FOIA.
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Date Posted: Friday, September 23rd, 2022
Petitioner alleged that the Office of the Auditor of Accounts violated FOIA by failing to respond to the FOIA request.
DECIDED: The Office of the Auditor of Accounts violated FOIA by not providing a response to the FOIA request.
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Date Posted: Thursday, September 15th, 2022
Petitioner alleged that three members of the Town Council of Georgetown violated FOIA by privately meeting to sign and deliver a check to a historical society.
DECIDED: A quorum of the Town Council violated FOIA by privately discussing and taking action on the Georgetown Historical Society’s grant check without complying with the open meeting requirements.
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