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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  July 2010

10-IB06 RE: Freedom of Information Act Complaint Against Delaware State University

Complainant asserts DSU violated FOIA open records requirements by refusing to provide records relating to two collective bargaining complaints filed by DSU’s Union at the Delaware Public Employment Relations Board (“PERB”) on the basis of “pending or potential litigation” and no responsive documents. HELD: DSU violated FOIA because PERB does not create a clear right to the pending litigation exception. DSU did not violate FOIA for other parts of the request where no documents are available.

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