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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  June 2009

09-IB06 RE: Freedom of Information Act (“FOIA”) Complaint Against Townsend, Delaware

Complainant asserts that Townsend violated FOIA’s open records requirements by not providing a copy of complaint asserted against her family and because the Mayor had promised her a copy. Townsend asserts that the complaint is exempt from FOIA because it is part of an investigatory file. HELD: Townsend did not violate FOIA by not providing the complaint. Townsend has a public interest in preserving confidentiality of law enforcement files to avoid a chilling effect on those who might bring pertinent information to the attention of law enforcement. Doctrine of estoppel does not apply because even if the Mayor did promise a copy of the letter, Complainant did not rely on that promise to his detriment.

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09-IB04 RE: Freedom of Information Act Complaint Against Sussex County

Complainant asserts that County violated FOIA by charging an unreasonable amount for copies of text messages and emails which constitute approximately 1,180 pages. County requested a fee of $354 for paper copies and $227.12 for electronic copies on CD. HELD: Charge was reasonable and reasonably calculated.

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