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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  December 1998

98-IB14: FOIA Complaint-City of Newark

Complainant alleged that the City of Newark violated FOIA when it denied her the right to copy the minutes of an executive session meeting, but allowed another citizen to copy the minutes. Held: The City violated FOIA but not providing Complainant with a complete copy of the minutes of the executive session in light of the Council’s decision to make the same minutes available to another citizen.

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98-IB13: RE: Freedom of Information Act Complaint Against Town of Laurel

Complainant alleged that the Town of Laurel violated FOIA by denying him access to copies of notices set out by the Code Enforcement Officer from April 1, 1997 to March 31, 1998 regarding violations of the Housing Code. Town responded that these were exempted from disclosure under the investigative file exemption and the common law right of privacy. HELD: Investigative file exemption applies even after the file has been closed, and the exemption applies to administrative agencies, not just criminal law enforcement agencies. The notices requested were not public records for purposes of FOIA.

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