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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  October 2013

13-IB05 10/01/13 FOIA Opinion Letter to Mr. Flaherty and Ms. Buckley re: FOIA Complaint Concerning Charter School Reform Working Group

The Complainant asked for a determination whether a twenty-four member working group appointed by the Governor to provide recommendations regarding charter schools (the “Working Group”) was a “public body” subject to the requirements of the Freedom of Information Act (“FOIA”). Held: yes.

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13-IB04 09/27/13 FOIA Opinion Letter to Mr. Richard H. Morse, Esq. re: FOIA Complaint Concerning DNREC, Division of Air Quality Hearing

The Complainant alleged violation by the Department of Natural Resources and Environmental Control (“DNREC”) of the “open meetings” provisions of the Freedom of Information Act (“FOIA”) by not affording the public “adequate accommodations” in connection with a hearing before the Secretary of DNREC on an air quality permit. Held: DNREC is headed by a single officer (the Secretary) who, as a “body of one” is not subject to the same “open meeting” provisions as “public bodies” with more than one member. No FOIA violation occurred.

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