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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  December 2021

21-IB36 12/22/2021 FOIA Opinion Letter to Hannah Edelman re: FOIA Complaint Concerning the Domestic Violence Coordinating Council

Petitioner alleged that the Domestic Violence Coordinating Council improperly denied a request for records related to a particular domestic violence case.

DECIDED: No violation of FOIA was found, as the records are protected from disclosure by statute.

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21-IB35 12/17/2021 FOIA Opinion Letter to Jose Matthews and Adriana Leela Bohm, Ph.D. re: FOIA Complaint Concerning the Red Clay Consolidated School District Board of Education

Petitioners alleged several potential issues of noncompliance against the Board of Education of the Red Clay Consolidated School District, including that a Board committee improperly canceled a meeting due to the presence of a quorum of the full Board and that the Board failed to post committee meeting minutes, omitted certain discussions from meeting minutes, and failed to record committee meetings.

DECIDED: It was determined that a violation of FOIA did not occur. However, this Office noted that the two Board members’ silent observation of the committee meeting did not transform it into a Board meeting.

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21-IB34 12/10/2021 FOIA Opinion Letter to Jeffrey C. Smith re: FOIA Complaint Concerning the Delaware Department of Transportation

Petitioner alleged that in addition to other purportedly violative conduct, DelDOT improperly denied access to records responsive to his request for records related to small cell permits.

DECIDED: It was determined that DelDOT has not violated FOIA by asserting it had no responsive records to provide at the time of its response to the request. The remaining allegations are outside the purview of this Office’s authority under the FOIA statute.

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21-IB33 12/8/2021 FOIA Opinion Letter to Matthew Bittle re: FOIA Complaint Concerning the City of Wilmington

Petitioner alleged that the City of Wilmington did not need additional time beyond fifteen business days to fulfill the request for records.

DECIDED: As the City provided a response, the petition is considered moot.

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21-IB32 12/01/2021 FOIA Opinion Letter to Alan McKersie re: FOIA Complaint Concerning the Delaware Department of Transportation

Petitioner alleged that the Delaware Department of Transportation improperly denied access to its requested records because the records were of great public concern and DelDOT improperly applied the pending or potential litigation exemption.

DECIDED: DelDOT did not violate FOIA by denying access to the requested records pursuant to the pending or potential litigation exemption.

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