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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  April 2018

18-IB21 4/27/2018 FOIA Opinion Letter to Mr. Frank "Dan" Cannon re: FOIA Complaint Concerning the City of Seaford

Petitioner alleged that Seaford’s Benefits Committee failed to post notice or an agenda for its March 13, 2018 meeting. The City argued that the Committee is not a public body. DECIDED: The failure to notice the meeting or provide an agenda constituted a violation of FOIA, as the Committee qualifies as a public body.

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18-IB20 4/23/2018 FOIA Opinion Letter to Mr. Randall Chase re: FOIA Complaint Concerning the Department of Correction

Petitioner alleged that the Department of Corrections violated FOIA by redacting the names and positions of employees who have take-home vehicles. Petitioner also challenged DOC’s itemized written cost estimate. DECIDED: The names and positions of employees who have take-home vehicles are a matter of public record because the vehicles may constitute a form of compensation. No FOIA violation found in connection with the itemized written cost estimate.

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18-IB19 4/10/2018 FOIA Opinion Letter to Mr. John Young re: FOIA Complaint Concerning the Christina School District

Petitioner alleged that Christina School District’s violated FOIA in connection with an itemized written cost estimate. DECIDED: The petition was determined to be moot because the Petitioner subsequently emphasized that his original intent was to request a smaller subset of records than those included in the cost estimate.

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18-IB18 4/6/2018 FOIA Opinion Letter to Mr. Bernard Garbo re: FOIA Complaint Concerning the Office of the State Bank Commissioner

Petitioner alleged that the State Bank Commissioner violated FOIA by denying his request for records on the basis that neither he nor the company on whose behalf he requested the records is a citizen of Delaware. DECIDED: No FOIA violation was found, as Delaware’s FOIA does not prohibit a public body from denying a FOIA request on the basis that the requesting party is not a Delaware citizen.

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18-IB17 4/2/2018 FOIA Opinion Letter to Ms. Shannon McNaught re: FOIA Complaint Concerning the Town of Dewey Beach

Petitioner alleged that the Town of Dewey Beach had violated FOIA by failing to provide an amendment to an insurance policy in response to a FOIA request for the policy. DECIDED: The petition was determined to be moot because the Town provided the requested record after receiving notice of the petition and locating the policy amendment at issue.

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