Delaware City Police Department Records Related to Missing Firearms and Equipment

To Whom It May Concern:

Pursuant to Delaware's Freedom of Information Act, I hereby request the following records:

For the time period of January 1, 2013 to the present date, copies of the following documents related to the Delaware City Police Department: (1) all formal or informal complaints received related to former Chief of Police Daniel Tjaden removing any firearms or other law enforcement equipment from the police department after his resignation; (2) all internal audits or reviews of the firearms inventory of the police department; (3) all informal or formal records of any investigation into missing firearms or other law enforcement equipment; (4) any informal or formal written communications from the Office of Attorney General related to any missing firearms or other law enforcement equipment; and (5) all written communications, including electronic mail (e-mail), between any employee of Delaware City and former Chief of Police Daniel Tjaden related to missing firearms or other law enforcement equipment.

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Michael Dworiak

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 27, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

This is a second request regarding the Freedom of Information request, copied below, and originally submitted on March 27, 2015. The statute requires a response no later than 15 business days. To date, no response to the initial inquiry or the follow-up inquiry has been received. Please let me know the status of my request as soon as possible.

Thank you for your help.

Via Email to: Edward.Black@state.de.us
Delaware Department of Justice
Edward Black, Deputy Attorney General
FOIA Coordinator
820 North French Street
Wilmington, DE 19801

Dear. Mr. Black:

I submit this request to the Delaware Department of Justice to render an opinion regarding the attached Freedom of Information Act (“FOIA”) denial by the City of Delaware City through their attorney, Max Walton.

The denial refers to numerous exemptions. Of particular concern, is Delaware City’s contention that as a news organization whose is based out of state that MuckRock News has no standing as a “citizen” to make a FOIA request. Does this mean that all national news organizations such as CNN, MSNBC, Fox News, the New York Times, etc. are all barred from making a FOIA request in Delaware to further a news worthy cause? MuckRock News not only publishes articles on a variety of topics but it posts publicly available documents so the citizens of Delaware can review and take advantage of their open government.

Further exemptions used by Delaware City do not appear to be applicable to the FOIA request. All of the records requested would have been created after former Chief Daniel Tjaden was no longer an employee of Delaware City. I fail to understand what about his personnel file was relevant to the request. The further quote that the records “may” constitute criminal law enforcement records. I would ask as part of your review of this matter you ascertain whether the matter was part of a criminal investigation at all.

The denial further indicates that the inventory, or records of missing inventory, of police department equipment, purchased with public funds constitutes “intelligence files” and would disclose the name of someone with a “concealed weapons permit”. I also fail to see how either of those exemptions are applicable to this request.

I look forward to a thorough review of this denial by your office.

Via Email to: Edward.Black@state.de.us
Delaware Department of Justice
Edward Black, Deputy Attorney General
FOIA Coordinator
820 North French Street
Wilmington, DE 19801

Dear. Mr. Black:

I submit this request to the Delaware Department of Justice to render an opinion regarding the attached Freedom of Information Act (“FOIA”) denial by the City of Delaware City through their attorney, Max Walton.

The denial refers to numerous exemptions. Of particular concern, is Delaware City’s contention that as a news organization whose is based out of state that MuckRock News has no standing as a “citizen” to make a FOIA request. Does this mean that all national news organizations such as CNN, MSNBC, Fox News, the New York Times, etc. are all barred from making a FOIA request in Delaware to further a news worthy cause? MuckRock News not only publishes articles on a variety of topics but it posts publicly available documents so the citizens of Delaware can review and take advantage of their open government.

Further exemptions used by Delaware City do not appear to be applicable to the FOIA request. All of the records requested would have been created after former Chief Daniel Tjaden was no longer an employee of Delaware City. I fail to understand what about his personnel file was relevant to the request. The further quote that the records “may” constitute criminal law enforcement records. I would ask as part of your review of this matter you ascertain whether the matter was part of a criminal investigation at all.

The denial further indicates that the inventory, or records of missing inventory, of police department equipment, purchased with public funds constitutes “intelligence files” and would disclose the name of someone with a “concealed weapons permit”. I also fail to see how either of those exemptions are applicable to this request.

I look forward to a thorough review of this denial by your office.