26-IB53 9/9/26 FOIA Opinion Letter to Jason Steagall re: City of Dover

RE:     FOIA Petition Regarding the City of Dover

We write in response to your correspondence alleging that the City of Dover violated Delaware’s Freedom of Information Act, 29 Del. C. §§ 10001-10008 (“FOIA”).  We treat your correspondence as a Petition for a determination pursuant to 29 Del. C. § 10005 of whether a violation of FOIA has occurred or is about to occur.  For the reasons set forth below, we determine that the City violated FOIA by failing to meet its burden to demonstrate that camera locations were properly withheld under the intelligence file exemption. However, we find no violation with respect to the denial of access to the Network Audit Report.