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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  March 2020

20-IB13 3/30/2020 FOIA Opinion Letter to Ms. Julie Nay re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Petitioner alleged DNREC improperly denied her request for a site safety report, but DNREC’s legal counsel responded the report did not yet exist.

DECIDED: No FOIA violation was found. FOIA does not require a public body to produce a record that does not exist.

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20-IB12 3/17/2020 FOIA Opinion Letter to Mr. Scott Becker re: FOIA Complaint Concerning the Delaware Criminal Justice Information System

Petitioner alleged that DELJIS improperly denied his request for statistical information from the Criminal Justice Information System databases because DELJIS failed to contact other state agencies to retrieve records responsive to his request and DELJIS improperly asserted exemptions for investigatory and criminal history information.

DECIDED: No FOIA violation was found. FOIA does not require DELJIS to contact other state agencies to collect records for this request. In addition, FOIA does not require a public body to create a new record, and fulfilling this request would require DELJIS to create a new record.

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20-IB11 3/13/2020 FOIA Opinion Letter to Mr. Gary Myers re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Petitioner alleged that DNREC improperly asserted the exemptions for pending or potential litigation and for attorney-client privilege and attorney work product doctrine in denying his request for records pertaining to an ongoing dispute over the Renewable Energy Portfolio Standards Act (“REPSA”) regulations.

DECIDED: No FOIA violation was found, as the pending litigation exemption applies.

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20-IB10 3/12/2020 FOIA Opinion Letter to Mr. John Young re: FOIA Complaint Concerning Christina School District

Petitioner alleged that the Board did not provide adequate notice to the public that a censure resolution of a school board member would be discussed and voted on at the February 11, 2020 meeting. Specifically, he alleged that the Board added the item without adequate public notice, violated emergency meeting requirements, did not place the agenda item in the appropriate section of the agenda, and did not include the language of the resolution.

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