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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  July 2021

21-IB17 07/23/2021 FOIA Opinion Letter to William Pickett re: FOIA Complaint Concerning the Town of Georgetown

Petitioner alleged that the Town of Georgetown violated FOIA by voting via email outside of a public meeting regarding the observation of the Juneteenth holiday this year.

DECIDED: The Town Council violated FOIA by voting on a matter of Council business by a series of calls and emails outside of a public meeting.

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21-IB16 07/06/2021 FOIA Opinion Letter to William Pickett re: FOIA Complaint Concerning the Governor’s Council on Agriculture and the Delaware Council on Food and Farm Policy

Petitioner alleged that the Governor’s Council on Agriculture and the Delaware Food and Farm Policy Council failed to follow the open meeting requirements of FOIA by posting notices, agendas, and minutes of its meetings.

DECIDED: Both Councils are public bodies and in violation of FOIA for their failure to comply with the open meeting requirements.

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21-IB15 07/02/2021 FOIA Opinion Letter to John W. Paradee re: FOIA Complaint Concerning the Delaware Department of Transportation

Petitioner alleged that DelDOT improperly asserted attorney-client privilege, pending or potential litigation, draft document exclusion, and the exemption for confidential financial or commercial information to deny his clients’ request for a traffic impact study and related draft documents and correspondence.

DECIDED: DelDOT violated FOIA by failing to meet its burden with respect to the records it claims are subject to attorney-client privilege, attorney work product, or the pending litigation exemption. It was recommended DelDOT review its records in accordance with this Opinion and provide a supplemental response in accordance with the timeframes permitted in Section 10003(h). This response is recommended to include a statement that the attorney-client privileged and work product materials were reviewed and to include any responsive records, with the exception of materials subject to attorney-client privilege or attorney work product and any working drafts, subject to any redactions otherwise appropriate under FOIA.

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