Date Posted: Tuesday, July 8th, 2025
Petitioner alleged that the Delaware Center for the Inland Bays violated FOIA by failing to maintain an online portal and designated FOIA Coordinator, deficient meeting agendas, untimely posting of meeting agendas and meeting minutes, failing to allow public comment during open meetings, and delayed or deficient responses to records requests.
DECIDED: DCIB violated FOIA by failing to timely respond to one of Petitioner’s records requests, failing to maintain an online portal and designated FOIA Coordinator, untimely and deficient meeting agendas, and failing to allow public comment during open meetings. DCIB did not violate FOIA when it sought multiple extensions of time to respond to one of Petitioner’s records requests or when it delayed posting certain meeting minutes until approved.
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Date Posted: Wednesday, July 2nd, 2025
Petitioner alleged that the Smyrna School District violated FOIA in responding to two requests and requested that this Office provide oversight of a third request that was recently filed.
DECIDED: The District did not violate FOIA, as alleged, in responding to the first FOIA request. However, the District’s affidavit failed to meet the burden of demonstrating that it conducted a sufficient search for records in response to the second request. This Office lacks the authority to provide oversight of the District’s processing of the third request, and this oversight request was declined.
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Date Posted: Thursday, June 26th, 2025
Petitioner alleged that the Town of Camden violated FOIA in responding to its records request by improperly redacting its police department’s communications with a federal agency.
DECIDED: The Town violated FOIA by failing to meet its burden to demonstrate that the redacted communications were appropriately withheld.
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Date Posted: Tuesday, June 17th, 2025
Petitioners alleged that the Town of Blades officials held a private meeting with a property developer in violation of FOIA and other legal authority.
DECIDED: The Town violated FOIA by failing to demonstrate that the referenced meeting was held in compliance with FOIA. The non-FOIA claims are outside of this Office’s authority to consider.
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Date Posted: Wednesday, June 4th, 2025
Petitioner alleged that the Delaware State Police, Delaware Department of Safety and Homeland Security (“DSP”) and Delaware Department of Correction (“DOC”) violated FOIA by improperly denying access to records and by failing to provide an index of withheld records and sufficient specificity about the facts in response to the requests.
DECIDED: The DOC and DSP did not violate FOIA, as the requested records are exempt from disclosure under the pending litigation exemption, and neither the additional specificity nor an index were required to be included with the public bodies’ responses to the requests.
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Date Posted: Tuesday, May 27th, 2025
Petitioner alleged that the City of Wilmington violated FOIA by improperly denying a FOIA request for a copy of the presentation from a March 2025 meeting involving the City and Riverfront Development Corporation officials.
DECIDED: The City violated FOIA by failing to demonstrate that it appropriately asserted the commercial and financial information exemption in response to this request. However, the City did not violate FOIA by failing to include an affidavit with its response to the request.
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Date Posted: Tuesday, May 20th, 2025
Petitioner alleged that the Delaware State Police, Delaware Department of Safety and Homeland Security (“DSP”) violated FOIA by improperly denying access to records related to police officer encounter.
DECIDED: As the investigatory files exemption applies, DSP did not violate FOIA in denying access to the requested records.
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Date Posted: Wednesday, May 7th, 2025
Petitioner alleged that the Smyrna School District improperly denied a request for records related to the use of restraints and seclusion.
DECIDED: As the District demonstrated that the requested records were exempt from disclosure pursuant to the potential litigation exemption, the District did not violate FOIA by denying access to these records.
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Date Posted: Friday, April 25th, 2025
Petitioner alleged that the Delaware Department of Correction (“DOC”) failed to respond to the revised requests for certain correctional records and did not provide a complete response to the request for special counsel records. Petitioner also asked the DOC about the special counsel policy records provided.
DECIDED: The DOC violated FOIA by failing to timely respond to the revised requests for various correctional records and by failing to meet its burden of demonstrating it performed an adequate search for the agreements and invoices related to the special counsel records request. No violation is found with respect to the DOC’s failure to answer a question posed in the Petition.
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Date Posted: Wednesday, April 16th, 2025
Petitioner alleged that the City of Milford violated FOIA by not permitting his client to speak about two ordinances at the January 13, 2025 City Council meeting.
DECIDED: The City violated FOIA by not permitting your client to give public comment at this meeting.
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