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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  August 2019

19-IB46 8/27/2019 FOIA Opinion Letter to Mr. Randall Chase re: FOIA Complaint Concerning the Delaware Auditor of Accounts

Petitioner alleged that the Auditor of Accounts must possess, but did not disclose, certain requested records in response to his request for communications regarding Odyssey Charter School.

DECIDED: No FOIA violation was found. When a public body provides an affidavit, under penalty of perjury, supporting its determination whether public records exist, this Office accepts the public body’s sworn representations in reviewing this determination.

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19-IB45 8/26/2019 FOIA Opinion Letter to Mr. Shawn Tucker re: FOIA Complaint Concerning The City of Lewes

The City of Lewes responded to a FOIA request and provided records but refused to certify to the requestor that all records responsive to the request had been provided and refused to produce a duplicate copy of an email. This Office was asked to determine whether the City’s response was appropriate under FOIA.

DECIDED: No FOIA violation was found. The FOIA statute does not require a public body granting access to records to certify that all responsive public documents have been provided to the requesting party, nor does it require that a public body produce multiple copies of identical public records.

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19-IB44 8/12/2019 FOIA Opinion Letter to Mr. Craig O’Donnell re: FOIA Complaint Concerning The Delaware State Police

This Office was asked to determine whether the Delaware State Police appropriately denied a request for raw data regarding traffic stops.

DECIDED: No FOIA violation was found. The requested information is exempt as investigatory files under 29 Del. C. § 10002(l)(3) and 12 Del. C. §313. Transferring the information from these reports into a digital format does not eliminate the exemptions for such information.

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