Date Posted: Wednesday, August 27th, 2014
The Complainant alleged the Delaware Department of Education (“DDOE”) provided an incomplete response to his request for documents. DDOE admitted it had withheld certain documents pursuant to applicable privacy statutes and regulations. Held: applicable State and federal statutes and regulations prohibit the release of records that could be identified to an individual student. Applying the standards set by the U.S. Department of Education, the requested documents are not “public records,” so DDOE cannot produce them.
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Date Posted: Friday, July 18th, 2014
The Complainant alleged the Department of Technology and Information (“DTI”) improperly withheld information regarding assessments for the Delaware Broadband Fund (the “Fund”). DTI withheld the assessments of three carriers at their request because the carriers alleged the assessments constituted “trade secrets” or “commercial financial information” that would constitute a threat to their respective competitive positions. Held: information withheld should have been produced. There was no apparent threat of competitive harm, given the voluntary release of assessment information to the Complainant by dozens of competitors.
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Date Posted: Monday, June 16th, 2014
The Complainant alleged the Board of Adjustment of the City of Newark (“Board”) held an “open meeting” in violation of the Freedom of information Act (“FOIA”) because it failed to provide a facility for a hearing that was large enough to accommodate all who wished to attend. The meeting had been moved to the auditorium at Newark High School. Held: the size of the venue chosen was “reasonable.” Public comment was not allowed or required in any event.
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Date Posted: Tuesday, May 27th, 2014
The Complainant alleged the Delaware Transit Corporation (“DTC”) improperly refused to provide copies of contracts between Gateway Outdoor Advertising (“Gateway”) and various entities that purchased advertising space on DTC buses. Gateway contracts with DTC to sell bus advertising. Held: DTC’s rights and powers under its contract with Gateway were not sufficient to make the contracts with advertisers “public records.”
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Date Posted: Monday, January 13th, 2014
The Complainant alleged the Town Council of Frankford (the “Council”) conducted an “open meeting” in violation of the Freedom of Information Act (“FOIA”) on the basis of the absence of discussion of a proposed charter amendment eliminating a cap of fifteen percent of payroll on pension and health care benefits for town employees. The Town had continuously exceeded the cap for years, a fact that was discussed at least twice at public meetings attended by the Complainant. The proposed amendment simply eliminated the cap. Held: in the absence of evidence of a meeting of a quorum of the Council, serially or otherwise, there was no basis to conclude a violation of FOIA’s “open meetings” provision occurred.
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Date Posted: Tuesday, December 31st, 2013
The Complainant alleged challenged copying fees assessed by the City of Wilmington (the “City”) for copies of public records. Held: fees higher than those stated in the Freedom of Information Act may only be charged if they have been approved by formal legislative process, not by rules or regulations.
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Date Posted: Friday, December 6th, 2013
The Complainant alleged the Kent County Board of Elections (the “Board”) met without proper notice having been posted. The Board posted the notice and agenda for the meeting on the Kent County Department of Elections website, but not on the State of Delaware website as required. Held: the violation was not sufficiently substantial to warrant invalidation of the actions taken at the meeting, but the Board was admonished to fully comply with posting requirements in the future.
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Date Posted: Tuesday, November 26th, 2013
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 13-IB09 November 26, 2013 OPINION Questions Presented The Cash Management Policy Board (the “CMPB”) has asked this Office to render a formal opinion with regard to the following questions: 1. As between the Office of the State Treasurer (the “State Treasurer”) and […]
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Date Posted: Tuesday, November 26th, 2013
The Complainant alleged the Department of Correction (“DOC”) violated the Freedom of information Act (“FOIA”) by failing to produce calibration and maintenance records of “Alco-Sensors.” DOC withheld the records on the basis of a statutory provision that DOC policies and procedures were not subject to disclosure except on written authority of the Commission. Held: the documents were not specifically excluded from the definition of “public records” and must therefore be produced.
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Date Posted: Thursday, November 21st, 2013
The Complainant alleged the Department of Corrections (“DOC”) violated the “open records” provisions of the Freedom of Information Act (“FOIA”) by refusing to release records concerning the purchase, acquisition, storage, and disposal of drugs used for lethal injections. Held: the requested records were not “trade secrets” exempt from disclosure.
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