COVID-19 directives and preparation (Department of Correction)

Good morning,

Please accept this message as acknowledgement that the Delaware Department of Correction has received your written FOIA request.

Please allow the Department 15 business days to review your request, investigate what documents may be available, determine whether these documents are public records as set forth in the FOIA statute, and calculate any potential costs involved in responding to your request.

Thank you.

Mr. Rudenburg,

Due to the volume of requests during this difficult time of COVID-19 we need an additional 15 days.

Jamie Young
Delaware Department of Correction

Mr. Rudenburg,

Upon review of your DOC FOIA request for COVID-19 directives, orders, plans and communications issued to
Officials and managerial staff within DOC facilities under jurisdiction of this agency.

Pursuant to Delaware Statute, your request is being denied at this time.
Please see: 29 Del. C. §10001, 10002.

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§ 10001. Declaration of policy.
It is vital in a democratic society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials in formulating and executing public policy; and further, it is vital that citizens have easy access to public records in order that the society remain free and democratic. Toward these ends, and to further the accountability of government to the citizens of this State, this chapter is adopted, and shall be construed.

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§ 10002. Definitions.
(l) "Public record" is information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes, regardless of the physical form or characteristic by which such information is stored, recorded or reproduced. For purposes of this chapter, the following records shall not be deemed public:

(1) Any personnel, medical or pupil file, the disclosure of which would constitute an invasion of personal privacy, under this legislation or under any State or federal law as it relates to personal privacy;

(6) Any records specifically exempted from public disclosure by statute or common law;

(9) Any records pertaining to pending or potential litigation which are not records of any court;

(17)
a. The following records, which, if copied or inspected, could jeopardize the security of any structure owned by the State or any of its political subdivisions, or could facilitate the planning of a terrorist attack, or could endanger the life or physical safety of an individual:

1. Response procedures or plans prepared to prevent or respond to emergency situations, the disclosure of which would reveal vulnerability assessments, specific tactics, specific emergency procedures or specific security procedures.

4. Records prepared to prevent or respond to emergency situations identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained or regulated by the State or any of its political subdivisions.

With this response, your DOC FOIA request is considered as answered and will thereby be closed.

Tim Martin
DE DOC