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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  June 2019

19-IB32 6/24/2019 FOIA Opinion Letter to Dr. Edward Montz re: FOIA Complaint Concerning the Delaware Department of Health and Social Services

Petitioner alleged that the Delaware Department of Health and Social Services improperly withheld records responsive to his request related to an infectious disease cluster at a health facility. Petitioner further alleged that only one division of DHSS, the Division of Public Health, responded to his request.
DECIDED: No FOIA violation was found. The records are exempt from FOIA under 29 Del. C. § 10002(l)(1), which exempts medical information that would constitute an invasion of privacy, and under 29 Del. C. § 10002(l)(6), which exempts information which is protected by other statutes, including those federal and state statutes which prohibit or restrict the release of health information.

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19-IB31 6/24/2019 FOIA Opinion Letter to Mr. Gary Glass re: FOIA Complaint Concerning the City of Rehoboth Beach

Petitioner alleged that the City of Rehoboth violated open meetings requirements with regard to a City Commissioners’ meeting. This Office addressed the following three issues: 1) whether the executive session was for an improper purpose, in light of your belief that the City planned to vote on a possible sale immediately following the executive session; 2) whether the open session item, described on the agenda as “discussion and consideration of vote on possible sale of City property,” gave sufficient notice to the public whether the executive session was for an improper purpose, in light of your belief that the City planned to vote on a possible sale immediately following the executive session; and 3) whether the agenda required an explanation of why a “Special Meeting” was necessary.
DECIDED: No FOIA violation was found. First, the executive session was found to be held for a proper purpose under 29 Del. C. 10004(b)(2). Second, an open session item following a proper executive session under 29 Del. C. 10004(b)(2) is not required to identify the property specifically. Third, this Office found that the meeting was not a special meeting as defined by FOIA, so no additional explanation was required in the agenda.

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19-IB30 6/20/2019 FOIA Opinion Letter to Mr. Kenneth Kristl re: FOIA Complaint Concerning the Delaware Department of Agriculture

Petitioner alleged that the Delaware Department of Agriculture (“DDA”) violated FOIA by not providing reasons for redacting certain information in the requested records in the response to DDA’s records request.
DECIDED: DDA failed to include the reasons for redacting portions of the provided records in its response as required by FOIA. Because DDA had since provided those reasons, no additional measures were recommended, but DDA was respectfully cautioned to state its reasons for any redactions in future responses.

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19-IB29 6/7/2019 FOIA Opinion Letter to Mr. Ray Tomasetti re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Petitioner alleged that DNREC improperly denied his clients’ records request pursuant to the pending or potential litigation exemption.
DECIDED: Because DNREC alleges the potential litigation would be between the two private parties and not against the public body from which records are sought or a closely affiliated person or entity, it was determined that denial of the records pursuant to the pending or potential litigation exemption violates FOIA.

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19-IB28 6/5/2019 FOIA Opinion Letter to Ms. Sarah Mueller re: FOIA Complaint Concerning the City of Wilmington

Petitioner alleged that the City of Wilmington delayed more than five months in providing responsive records to her FOIA request.
DECIDED: The City has since provided a response to the petitioner’s narrowed request, mooting the petition.

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