Petitioner alleged that the Public Service Commission violated FOIA at its August 19, 2026 public comment session, because both the link in the posting and the alternative link provided did not work.
DECIDED: As this public comment session did not constitute a “meeting” that is subject to FOIA’s open meeting requirements, no violation occurred.
Read MorePetitioner alleged that the Town of Dagsboro violated FOIA by providing an improper cost estimate for the petitioner’s request. Specifically, the petition asserts that the estimate improperly included fees for legal review, the department and contractor’s reviews are redundant, and the file processing and delivery fee is not appropriate.
DECIDED: The Town violated FOIA by failing to demonstrate that these three aspects of its cost estimate were appropriate under FOIA.
Read MorePetitioner alleged that the State Fire Prevention Commission violated FOIA by failing to meet its burden in its response to the request and failing to search and provide all responsive records.
DECIDED: The Commission did not violate FOIA as the response to the request did not require submissions to satisfy the burden of proof and the Commission demonstrated its denial of access to the requested records was appropriate.
Read MorePetitioner alleged that the Delaware Department of State violated FOIA by denying access to the lists for large corporate filers during a specified timeframe.
DECIDED: As the Department demonstrated that the requested list was not permitted to be disclosed by statute, the Department did not violate FOIA.
Read MorePetitioner alleged that the City of Dover violated FOIA by refusing to produce the locations of the City’s license plate cameras and the Network Audit Report for the license plate camera system.
DECIDED: The City violated FOIA by failing to meet its burden to demonstrate that the camera locations were properly withheld under the intelligence file exemption. However, no violation was found with respect to the denial of access to the Network Audit Report.
Read MorePetitioner alleged that the City of Wilmington violated FOIA by failing to post a FOIA request form on its website.
DECIDED: As FOIA does not require this posting, no violation was found.
Read MorePetitioner alleged that the Delaware State Police, Department of Safety and Homeland Security violated FOIA by denying the request for records related to an individual involved in a certain criminal law enforcement response and investigation.
DECIDED: As the investigatory files exemption applies to the requested records, no violation of FOIA was found.
Read MorePetitioner alleged that the Birth to Three Interagency Council violated FOIA by failing to post an agenda with an anchor location for its July 28, 2026 quarterly meeting within the requisite seven days in advance of the meeting and by failing to electronically publish the draft minutes for its April 2026 meeting, as required of public bodies in the executive branch that hold meetings less than four times a year.
DECIDED: The Council ICC violated FOIA, as alleged in both claims.
Read MorePetitioner alleged that the Delaware State Housing Authority violated FOIA by failing to properly search for records responsive to this request for housing records. The petitioner also alleged that the response was not sent within the statute’s timeframes for providing a response, and if the Authority does not have a file on this community, the petitioner questions the basis for this assertion.
DECIDED: The Authority violated FOIA by failing to meet its burden of proof to demonstrate that it performed an adequate search for responsive records. The remaining claims do not constitute violations of FOIA.
Read MorePetitioner alleged that the City of Wilmington violated FOIA by: (1) failing to provide an appropriate notice that additional time would be needed; (2) failing to demonstrate in its response to the request that the City conducted an adequate search for records; (3) failing to justify in its response to the request withholding records under the attorney-client privilege.
DECIDED: The City violated FOIA by failing to meet Section 10003’s requirements when the City needed additional time to fulfill the request. The remaining claims regarding the City’s failure to meet its burden of proof in its response to the petitioner’s request are without merit.
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