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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  November 2013

13-IB09 11/26/13 Attorney General Opinion re: Cash Management Policy Board

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 13-IB09 November 26, 2013 OPINION Questions Presented The Cash Management Policy Board (the “CMPB”) has asked this Office to render a formal opinion with regard to the following questions: 1. As between the Office of the State Treasurer (the “State Treasurer”) and […]

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13-IB08 11/26/13 FOIA Opinion Letter to Mr. Chase re: ACLU-DE FOIA Complaint Against Delaware Department of Corrections

The Complainant alleged the Department of Correction (“DOC”) violated the Freedom of information Act (“FOIA”) by failing to produce calibration and maintenance records of “Alco-Sensors.” DOC withheld the records on the basis of a statutory provision that DOC policies and procedures were not subject to disclosure except on written authority of the Commission. Held: the documents were not specifically excluded from the definition of “public records” and must therefore be produced.

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13-IB07 11/21/13 FOIA (Informal) Opinion Letter to Mr. Chase re: FOIA Complaint Concerning Delaware Department of Corrections

The Complainant alleged the Department of Corrections (“DOC”) violated the “open records” provisions of the Freedom of Information Act (“FOIA”) by refusing to release records concerning the purchase, acquisition, storage, and disposal of drugs used for lethal injections. Held: the requested records were not “trade secrets” exempt from disclosure.

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13-IB06 11/20/13 FOIA (Informal) Opinion Letter to Mr. Chase re: FOIA Complaint Concerning New Castle County (911 Calls)

The Complainant alleged New Castle County violated the “open records” provision of the Freedom of Information Act (“FOIA”) by refusing to release audio recordings of 911 calls made from the residence of Vice President Biden. Held: privacy interests under the U.S. Constitution and Delaware law outweighed whatever interest the public might have in disclosure of the recordings.

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