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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  February 2017

17-IB03 02/15/2017 FOIA Opinion Letter to Mr. James Dawson re: FOIA Complaint Concerning Delaware Technical & Community College

Petitioner alleged that Delaware Technical & Community College violated FOIA by not basing the estimate of the cost to fulfill his request on the pay rate of the lowest-paid employees capable of performing the work. HELD: There was no FOIA violation. The College provided evidence through a sworn affidavit that the employees whose pay rates were used to develop the estimate are the lowest-paid ones capable of doing the necessary work within their information security protocols.

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17-IB01 02/03/2017 FOIA Opinion Letter to Mr. Randall Chase and Ms. Jessica Reyes re: FOIA Complaint Concerning The City of Dover

Petitioners alleged that the City of Dover’s denial of their request for a copy of a settlement agreement entered into by the City violated FOIA. HELD: The City has constructive possession of or administrative control over the settlement agreement and the confidentiality agreement does not bar disclosure. We conclude that the City violated FOIA by denying the Requests and request its insurer to provide Petitioners with the Release and Settlement Agreement within fifteen business days of this determination.

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17-IB02 02/08/2017 FOIA Opinion Letter to Mr. John Wells re: FOIA Complaint Concerning the Red Clay Consolidated School District

Petitioner alleged on five occasions that Red Clay Consolidated School District violated FOIA by failing to respond to his requests records in a time and manner as prescribed by FOIA. HELD: We find that the District violated FOIA repeatedly, as alleged in each of the Petitions, by failing to respond to Petitioner’s requests in the manner and time prescribed by FOIA. The only exception to this finding is with respect to his request for 2016-2017 choice records, which were not available when requested. No specific remediation is recommended because the Petitioner did receive the records after the deadlines had passed. However, the District is encouraged to consult the statute and other materials available on FOIA compliance.

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