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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  September 2017

17-IB48 9/27/2017 FOIA Opinion Letter to Mr. Xerxes Wilson re: FOIA Complaint Concerning New Castle County Council

Petitioner alleged that the Personnel Subcommittee violated FOIA by: 1) failing to indicate the potential for any vote other than a vote to approve meeting minutes on its August 14, 2017 meeting agenda, and 2) voting affirmatively on “the recommendations and discussions that Council collectively had during the executive session.” DECIDED: Based on a review of documents submitted in camera, this Office determined the vote held was only to direct counsel to conduct legal research on a personnel matter discussed in executive session. Under the circumstances, this was not “major issue to be discussed” and therefore was not required to be included on the an agenda. Although the agenda would have been more accurate if it had listed the multiple bases for executive session, because those discussions were inextricably intertwined with a properly-noticed basis for executive session, it did not amount to a FOIA violation.

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17-IB47 9/22/2017 FOIA Opinion Letter to Mr. Richard Kahn re: FOIA Complaint Concerning the Delaware Department of Transportation

Petitioner alleged that DelDOT improperly denied his request for the name, address, and “relevant information” about the individual who filed a complaint about Petitioner’s mailbox. DelDOT cited the exemption for investigatory documents in denying the request. HELD: There was no FOIA violation. Complaints are part of investigatory files, which remain confidential even after an investigation has concluded.

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17-IB46 9/7/2017 FOIA Opinion Letter to Mr. Mike Kwiecien re: FOIA Complaint concerning Sussex County Planning & Zoning Commission and the Sussex County Council

Petitioner alleged that the Sussex County Planning & Zoning Commission failed to share documents he submitted to that Commission with the Sussex County Council. HELD: Such conduct, if the facts are as alleged, would not violate FOIA.

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