25-IB14 2/28/25 FOIA Opinion Letter to Matthew E. O’Byrne re: Delaware State Police, Department of Safety and Homeland Security
Petitioner alleged that the Delaware State Police (“DSP”) improperly denied request for certain photographs and video footage resulting from a vehicle accident.
DECIDED: As the DSP appropriately denied these requests under the investigatory files exemption, the criminal files exemption, and the pending litigation exemption, no violation of FOIA was found.
Read More
25-IB13 2/28/25 FOIA Opinion Letter to Lee Lifeng Hsu re: Delaware Department of Insurance
Petitioner alleged that the Delaware Department of Insurance improperly denied a request for certain database information.
DECIDED: As the Department provided sworn statements that it did not have responsive records, no violation of FOIA was found.
Read More25-IB12 2/27/25 FOIA Opinion Letter to David Moskowitz re: Town of Dewey Beach
25-IB
Petitioner alleged that that the Town of Dewey Beach’s Climate Change Committee violated FOIA during its January 18, 2025 meeting by voting on the appointment of a liaison without adequate notice in the agenda and by failing to call for public comment before adjourning the meeting, despite a public comment period appearing on the agenda.
DECIDED: The Committee did not violate FOIA at this meeting by voting on a liaison position for its public education campaign or by not calling for public comment when no member of the public was present at the meeting.
Read More25-IB11 2/19/25 FOIA Opinion Letter to Jared Silberglied re: Seaford School District
Petitioner alleged that that the Seaford School District violated FOIA by failing to charge the hourly rate of the lowest-paid employee capable of performing the service in the cost estimate.
DECIDED: The District did not violate FOIA, as it met its burden of demonstrating that the Supervisor of Instruction was the lowest-paid employee capable of collecting the responsive records.
Read More
25-IB10 2/19/25 FOIA Opinion Letter to Jared Silberglied re: Sussex County Vocational Technical School District
Petitioner alleged that that the Sussex County Vocational Technical School District violated FOIA by failing to follow FOIA’s requirements in selecting this employee’s hourly rate for the cost estimate and by collecting the responsive records before sending the cost estimate.
DECIDED: The District did not violate FOIA, as it met its burden of demonstrating that its cost estimate included the hourly rate of the lowest-paid employee capable of collecting the responsive records. The ACLU is permitted to cancel, modify, or proceed with the request.
Read More25-IB09 2/07/25 FOIA Opinion Letter to Edward E. Bintz re: Association of Coastal Towns
Petitioner alleged that the Association of Coastal Towns (“ACT”) included a “Background” section in the December 13, 2024 meeting agenda that was substantively inaccurate and misleading; that ACT failed to include an agenda item for this Office’s remediation recommendations; that ACT failed to include in its agenda time for public comment; that ACT did not provide notice of the location of the meeting at least seven days in advance; and that ACT has not yet designated a FOIA coordinator, implemented a request policy, or maintained an online portal for accepting FOIA requests.
DECIDED: ACT violated FOIA by failing to include a time for public comment on this meeting agenda and by failing to timely post the notice of the meeting location and the information for monitoring and participating in the meeting.
Read More25-IB08 2/06/25 FOIA Opinion Letter to Shyanne Miller re: City of Wilmington
Petitioner alleged that the City of Wilmington improperly responded to a FOIA request by asserting the attorney-client privilege.
DECIDED: The City violated FOIA, as it did not meet its burden of demonstrating that its denial of access to the requested records was proper.
Read More25-IB07 2/03/25 FOIA Opinion Letter to Jennifer Pawloski re: Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) had not responded to one request within 15 days and that DNREC improperly denied two requests from Petitioner for records pursuant to the pending litigation exemption.
DECIDED: It was determined that the timeliness claim was moot and DNREC did not violate FOIA by denying access to the requested records.
