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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  February 2018

18-IB10 2/20/2018 FOIA Opinion Letter to Mr. Vincent D'Anna re: FOIA Complaint Concerning New Castle County Council

Petitioner alleged that the County improperly denied his requests for records regarding the creation of a position. DECIDED: No FOIA violation for failing to provide an index of records withheld. The DOJ was unable to determine whether the records are exempted from FOIA’s definition from public records, as the matter is best addressed by a court of competent jurisdiction.

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18-IB09 2/12/2018 FOIA Opinion Letter to Mr. Craig O'Donnell and Ms. Shannon Marvel re: FOIA Complaint Concerning the Town of Dewey Beach

Petitioners alleged that the Town of Dewey Beach agendas for February 2 and 9, 2018 failed to properly notice matters to be discussed in executive sessions. DECIDED: No FOIA violation.

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18-IB08 2/12/2018 FOIA Opinion Letter to Mr. Albert Porach re: FOIA Complaint Concerning the City of Newark

Petitioner alleged that a meeting and intended future meetings among University of Delaware staff and City of Newark staff, including the City Manager, constituted a meeting as defined by FOIA which was not properly noticed in accordance with FOIA. DECIDED: The gathering did not constitute a meeting of a public body. No FOIA violation found.

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18-IB07 2/9/2018 FOIA Opinion Letter to Mr. Frank "Dan" Cannon re: FOIA Complaint Concerning the City of Seaford

Petitioner alleged that a press conference constituted a meeting as defined by FOIA and was not properly noticed in accordance with FOIA. DECIDED: The press conference attended by a quorum of the Council, but during which there was no discussion among the Council members regarding public business, did not constitute a meeting of the Council. No FOIA violation found.

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18-IB06 2/7/2018 FOIA Opinion Letter to Mr. Richard McVey re: FOIA Complaint Concerning the Town of Laurel

Petitioner alleged that the Laurel Police Department violated FOIA by failing to provide a specific response regarding two of the three items he had requested in a single FOIA request. The Department sent him a letter subsequent to its receipt of the petition explaining that the other two records did not exist. DECIDED: No FOIA violation was found because there was no denial of access to records.

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18-IB05 1/30/2018 FOIA Opinion Letter to Mr. La Mar Gunn re: FOIA Complaint Concerning the City of Dover Ethics Commission

Petitioner alleged multiple open meetings violations by the City of Dover Ethics Commission regarding the handling of an ethics complaint that Petitioner had filed with the Commission. DECIDED: The December 7, 2017 meeting was properly noticed, the Commission noticed a permissible purpose for its November 14 and December 7, 2017 executive sessions, and the executive session discussions were permissible under FOIA. This Office was unable to determine whether the Commission conducted public votes to convene the executive sessions or whether the Commission’s December 7, 2017 vote to dismiss Petitioner’s complaint was publicly held as required by FOIA.

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