Date Posted: Friday, February 28th, 2025
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.
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Date Posted: Friday, February 28th, 2025
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.
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Date Posted: Thursday, February 27th, 2025
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.
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Date Posted: Wednesday, February 19th, 2025
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.
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Date Posted: Wednesday, February 19th, 2025
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.
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Date Posted: Friday, February 7th, 2025
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.
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Date Posted: Thursday, February 6th, 2025
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.
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Date Posted: Monday, February 3rd, 2025
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.
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Date Posted: Tuesday, January 21st, 2025
Petitioner alleged that the Division of Legislative Affairs of the Delaware General Assembly violated FOIA by failing to provide an affidavit with its response to his request and making improper redactions to the employee confidentiality policies.
DECIDED: The Division did not violate FOIA by failing to provide an affidavit with its response to the request or by redacting the employee names from the documents provided.
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Date Posted: Tuesday, January 21st, 2025
Petitioner alleged that the Association of Coastal Towns (“ACT”) violated FOIA by failing to provide notice of the public comment period on its December 13, 2024 meeting agenda and by dissolving instead of following this Office’s recommendations.
DECIDED: ACT violated FOIA by failing to include the public comment period on its agenda. The remaining claim is outside the scope of this Office’s statutory authority.
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