Police days off (City of Lewes)

Jonathan Rudenberg filed this request with the City of Lewes of Lewes, DE.
Multi Request Police days off
Status
Rejected

Communications

From: Jonathan Rudenberg


To Whom It May Concern:

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

Records sufficent to show the names and badge numbers of all police officers and public safety department employees who requested any personal time off, vacation days, personal days, furlough days, or any other time off for the dates of January 4-8, 2021 (inclusive).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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,

Jonathan Rudenberg

From: City of Lewes

Your request, under the Delaware Freedom of Information Act (FOIA), 29 Del.C. Ch. 100, for information regarding the "names and badge numbers" of police officers and public safety employees who requested leave during certain dates in January, 2021, is hereby denied for the following reasons:

1) Police officers' leave records are part of their personnel file, and personnel files are exempted from disclosure under the Delaware Law Enforcement Officers' Bill of Rights, 11 Del.C. Ch. 92 and the FOIA exemption for personnel records, 29 Del.C. §10002(l)(1).

2) Disclosure of attendance records or schedules for police officers may implicate public safety functions and the safety of individual officers, and are therefore exempt under the security exception to FOIA, 29 Del.C. §10002(l)(17)(a). See also Attorney General Opinion. 11-IB05 as to both (1) and (2).

3) A public body is not required to provide information pursuant to FOIA in response to requests from parties who are not Delaware citizens. 29 Del.C. §10001; Attorney General Opinion 17-IB39. From your correspondence, it appears you are a citizen of Massachusetts.

Janine Heffley
City Clerk
City of Lewes
P. O. Box 227
114 E. 3rd Street
Lewes, Delaware 19958
Phone: 302.645.7777, ext. 108
Fax: 302.645.6406
jheffley@ci.lewes.de.us<mailto:jheffley@ci.lewes.de.us>
Website: www.ci.lewes.de.us<http://www.ci.lewes.de.us/>

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