BETHANY BEACH, Del.- Delaware's office of the Attorney General has determined the Town of Bethany Beach violated the state’s Freedom of Information Act (FOIA) after it failed to properly engage with a resident’s public records request.
According to a letter addressed to the complainant, in October 2024, the resident requested records, including documents from December 2023 town council meetings and communications between the town council and US Wind, the company proposing to build turbines off the coast of Delmarva, which has faced significant public pushback on the peninsula.
The town provided some records on Nov. 15, but said it would take more time to gather the rest. They estimated an additional $660 in fees to cover staff time and asked the resident if they wanted to continue with the request.
On Nov. 21, 2024, the resident asked for a new quote for records related to the Association of Coastal Towns (ACT) but did not receive a response.
As a result, the resident filed a complaint with the Delaware Attorney General’s Office, saying the town didn’t follow the law by properly addressing the modified request and charging too much for the records.
After reviewing the case, the Attorney General’s Office found that the town violated FOIA. The office determined that the town should have worked with the resident to modify the request and provide a more detailed breakdown of the fees.
The town, through its legal counsel, argued that it had complied with FOIA and attached an email explaining the $660 charge. However, the Attorney General’s Office is recommending the town respond to the modified request as outlined by the resident.
CoastTV reached out to the Bethany Beach Town Hall via phone and email but did not receive a response regarding this matter as of Jan. 24.
Jennifer Pawloski, who filed the original FOIA request, exclusively told CoastTV news her feelings when she realized Bethany Beach did not respond to her in a timely fashion.
"I was certainly frustrated," Pawloski said. "You know, it wasn’t the only FOIA request that I had in process, and it was starting to look like a pattern. They didn’t want these records to be released. And, frankly, it made them look guilty."
Despite her frustration, Pawloski expressed optimism about the potential impact of her efforts.
"It certainly gives me hope," she said. "You know, the residents, haven’t had their voices heard, or they’ve been heard and ignored."
CoastTV will update this article as documents continue to come in.
