96-IB28 Re: Freedom of Information Act Complaint against Sussex County Planning and Zoning Office
The Complainant alleged that the Sussex County Planning and Zoning Office failed to provide her with requested records. The Office stated that the records, although required under statute, do not exist. Held: whether the Office violated the statute is not within the jurisdiction of the Office of the Attorney General. The Freedom of Information Act does not require a public body to create a record where the requested record does not exist, nor does FOIA require a public body to compile the requested data from other public records that may exist.
Read More96-IB24: FOIA-Sussex County Council; Board of Adjustments & Planning and Zoning Office
The Complainant alleged that the Sussex County Planning and Zoning Office, Board of Adjustment violated the Freedom of Information Act when it permitted an individual to install fuel storage tanks without a public meeting. The Complainant alleged that the Director of Planning and Zoning exceeded his authority by waiving a previously set condition. Held: the Office does not have jurisdiction to determine whether the Director exceeded his authority. There is no evidence that any decision was made concerning the fuel storage tanks and evidence points to the contrary, that no waiver was made.
Read More96-IB24: FOIA-Sussex County Council; Board of Adjustments & Planning and Zoning Office
The Complainant alleged that the Sussex County Planning and Zoning Office, Board of Adjustment violated the Freedom of Information Act when it permitted an individual to install fuel storage tanks without a public meeting. The Complainant alleged that the Director of Planning and Zoning exceeded his authority by waiving a previously set condition. Held: the Office does not have jurisdiction to determine whether the Director exceeded his authority. There is no evidence that any decision was made concerning the fuel storage tanks and evidence points to the contrary, that no waiver was made.
Read More96-IB22: FOIA-Town Council of Millsboro
The Complainant alleged that the Millsboro Economic Development Committee and the Town Council of Millsboro held meetings in violation of the Freedom of Information Act. Held: the Economic Development Committee and the Town Council provided adequate notice of each meeting, each meeting was open to the public and minutes were taken. The meetings were not in violation of FOIA.
Read More96-IB16: FOIA-Termination of Town Manager (Georgetown)
The Complainant sought a decision on the same allegations discussed in A.G. Opinion 96-IB15. Held: such opinion has already been rendered. The Office of the Attorney General will not issue an opinion as to whether the Georgetown Town Charter has been violated as that is not within the Office’s jurisdiction.
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