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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  December 2017

17-IB65 12/29/2017 FOIA Opinion Letter to Mr. George Flowers re: FOIA Complaint Concerning the City of Wilmington

Petitioner alleged that the City of Wilmington failed to respond to his FOIA request. DECIDED: The City violated FOIA by not responding within 15 business days. However, as the City has since responded, no remediation was recommended.

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17-IB64 12/22/2017 re: Exclusions ofLocal Operating Expenditures under 14 Del. C. §§ 408 & 509

Department of Justice received a request from the Delaware Department of Education for an opinion regarding the application of the formula contained in Title 14, Sections 408(d) and 509(e) of the Delaware Code to “match tax” expenditures that are funded by taxes levied by local school boards under authority granted by 14 Del. C. § 1902(b).

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17-IB63 12/20/2017 FOIA Opinion Letter to Ms. Sarah Bucic re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Petitioner requested a determination of whether the Climate Change Conference held by DNREC was required to adhere to FOIA’s open meetings provisions. DECIDED: No FOIA violation was found. This Office determined that the conference was not a meeting of a public body subject to FOIA’s open meetings provisions.

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17-IB62 12/15/2017 FOIA Opinion Letter to Mr. Frank "Dan" Cannon re: FOIA Complaint Concerning the City of Seaford

Petitioner alleged that the Seaford City Council violated FOIA by failing to provide sufficient notice of an agenda item. Specifically, the Council quoted the name of an ordinance but did not include the language “right to work” in the agenda item. DECIDED: This Office found no FOIA violation. The agenda item met the minimum standard of a “general statement of the major issues expected to be discussed.” The possibility that more descriptive language could have been used instead does not constitute a violation.

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17-IB61 12/5/2017 FOIA Opinion Letter to Mr. Craig O’Donnell re: FOIA Complaint Concerning the Delaware Emergency Management Agency

Petitioner alleged that DEMA withheld records showing the inventory of military equipment held by the Dewey Beach Police Department that the Petitioner had requested. DEMA responded that inventory records are only kept on a real-time third-party database and that it had provided all records responsive to the request in DEMA’s possession. DECIDED: This Office found no violation.

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17-IB60 11/21/2017 FOIA Opinion Letter to Mr. Craig O'Donnell re: FOIA Complaint Concerning the Delaware Department of Transportation

Petitioner alleged that DelDOT violated FOIA by redacting contact information for individuals who submitted electronic Road Condition Reports pursuant to Section 10002(l)(3). DECIDED: No FOIA violation was found.

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17-IB59 11/20/2017 FOIA Opinion Letter to Mr. Daniel Kramer re: FOIA Complaint Concerning Sussex County Council

Petitioner alleged that the Sussex County Council improperly redacted executive session minutes pursuant to Section 10004(b)(2) on the basis that real estate negotiations remain ongoing and releasing the redacted information would defeat the lawful purpose of the executive session. DECIDED: No FOIA violation was found.

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