Petitioner alleged that the Village of Arden violated FOIA by holding a June 23, 2024 information session without proper notice.
DECIDED: The Village violated FOIA by failing to meet its burden to demonstrate the June 23, 2024 meeting was not subject to the open meeting requirements of FOIA.
Read MorePetitioner alleged that the Delaware Department of Natural Resources and Environmental Control improperly denied a request for records related to a Division of Fish and Wildlife law enforcement incident.
DECIDED: No violation of FOIA was found.
Read MorePetitioners alleged that the City of Rehoboth Beach failed to follow open meeting requirements when hiring the new City Manager at a much higher compensation package than advertised.
DECIDED: The City violated FOIA by holding an executive session for an improper purpose and failing to discuss the employment contract and compensation package in open public session, by failing to properly notice two executive sessions, and by failing to notice a public comment period on the agendas of the meetings.
Read MorePetitioners alleged that the Christina School District Board of Education violated FOIA by: 1) holding an unannounced executive session at its May Board meeting to discuss Robert’s Rules of Order, which is not a permitted reason for an executive session; 2) conducting a vote of no confidence in the superintendent at the May meeting without proper notice on the agenda; and 3) discussing and voting to rescind a contract and to suspend the superintendent without appropriate public notice on the March Board meeting agenda.
DECIDED: The Board violated FOIA by holding an unannounced executive session for an improper purpose and by failing to provide adequate notice in its March and May meeting agendas for the votes regarding the contract rescission and vote of no confidence. No violation was found with respect to the notice of the executive sessions on the March Board meeting agenda and the notice for the vote on the employee suspension on this same agenda.
Read MorePetitioner alleged that the Village of Arden violated FOIA by privately discussing and approving the posting of the December 7, 2023 meeting minutes of the Governance Task Force via emails among the Task Force members.
DECIDED: The Village’s Task Force conducted a “meeting” as defined by FOIA and committed a violation of FOIA by failing to follow the open meeting requirements.
Read MorePetitioner alleged that the Delaware Department of State improperly denied access to records regarding the voluntary disclosure program under its relevant statutory authority.
DECIDED: The Department did not violate FOIA by denying access to the requested records.
Read MorePetitioner alleged that the Town of Georgetown violated FOIA by releasing certain police officer records in response to a FOIA request and by refusing to hold a hearing in executive session.
DECIDED: The Town did not violate FOIA by providing records in response to this request or by declining to hold an executive session as requested.
Read MorePetitioner alleged that the Association of Coastal Towns (“ACT”) is a public body that has not followed FOIA’s requirements. Specifically, Petitioner asserted that ACT violated FOIA by failing to conduct its December 5, 2023, December 7, 2023, and December 20, 2023 meetings in accordance with FOIA’s public notice and comment requirements; failing to hold its alleged December 1, 2023 committee meeting in accordance with the public notice and comment requirements; and failing to meet Section 10003’s requirements to designate a FOIA coordinator, implement a FOIA request policy, and to create a web portal for accepting requests.
DECIDED: ACT is found to be a public body. As ACT did not meet its burden to demonstrate compliance with respect to the Petition’s claims, we find that ACT violated FOIA as alleged.
Read MorePetitioner alleged that the Division of the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied information about his case.
DECIDED: As the DSP appropriately denied the request under the investigatory files exemption, no FOIA violation occurred.
Read MorePetitioner alleged that Delaware Department of Transportation violated FOIA by failing to reduce its cost estimate.
DECIDED: As the cost estimate met FOIA’s requirements, no violation was found.
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