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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  September 2021

21-IB22 09/29/2021 FOIA Opinion Letter to Karl Baker re: FOIA Complaint Concerning the Delaware Department of State

Petitioner alleged the Department of State improperly assessed charges for legal review of requested documents and failed to comply with its statutory obligations to make every effort to ensure that the administrative fees are minimized and to sufficiently itemize its cost estimate.

DECIDED: The Department violated FOIA by failing to meet its burden to demonstrate that it minimized the use of nonadministrative personnel to the extent possible in responding to this request.

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21-IB21 09/27/2021 FOIA Opinion Letter to William Pickett re: FOIA Complaint Concerning the Indian River School District

Petitioner alleged that the Indian River School District (“IRSD”) violated FOIA by holding two votes at its August 22, 2021 meeting without providing proper notice to the public on the agenda.

DECIDED: IRSD violated FOIA as alleged in the Petition.

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21-IB20 09/14/2021 FOIA Opinion Letter to Leo A. Ventresca re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Petitioner alleged that DNREC improperly denied his request for records under the pending or potential litigation exemption. In addition, the petitioner alleged that DNREC failed to fulfill its obligations under the State Implementation Plan and a certain memorandum of understanding.

DECIDED: As an appeal was pending before the Environmental Appeals Board and the request related to that matter, this Office found that DNREC did not violate FOIA by denying the request under the pending litigation exemption. The remaining issues are outside the purview of this Office’s authority.

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