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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  May 2022

22-IB21 05/27/2022 FOIA Opinion Letter to Amanda Fries re: FOIA Complaint Concerning the City of Wilmington

Petitioner alleged that the City of Wilmington’s cost estimate over-charged the hourly administrative fees, failed to waive all fees, and improperly delayed its cost estimate.

DECIDED: This Office found no basis to conclude that the City violated FOIA as alleged in the Petition.

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22-IB20 05/18/2022 FOIA Opinion Letter to John D. Morgan, III re: FOIA Complaint Concerning the City of Newark

Petitioner alleged that the City of Newark violated FOIA by failing to timely respond to his request for application materials for proposed appointees to the City’s boards and commissions and by inappropriately redacting the application materials produced. The petition also alleged that the City’s new practice of allowing the nominating councilmember sole access to the appointees’ qualifications to vet the appointees to the City’s boards and commissions violates FOIA.

DECIDED: The City violated FOIA by failing to meet its burden of proof to justify its denial of access to the redacted information. No violations of FOIA were found regarding the remaining two issues.

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22-IB19 05/16/2022 FOIA Opinion Letter to William Pickett re: FOIA Complaint Concerning the Sussex County Vocational – Technical School District

Petitioner alleged that the Board of Education of the Sussex County Vocational – Technical School District violated FOIA by discussing substitute compensation in an executive session and voting under a catch-all heading in public session.

DECIDED: The Board violated FOIA by improperly discussing substitute compensation in executive session. No violation of FOIA was found regarding the vote under the catch-all heading.

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22-IB18 05/09/2022 FOIA Opinion Letter to Will Lowrey re: FOIA Complaint Concerning the Delaware Department of Agriculture

Petitioner alleged that the Delaware Department of Agriculture improperly denied its request for two items related to avian flu outbreak in Delaware.

DECIDED: The Department failed to meet its burden to justify denial of these records under 29 Del. C. § 10002(o)(3), 29 Del. C. § 10002(o)(6), and the exception for working drafts.

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22-IB17 05/05/2022 FOIA Opinion Letter to Eric Marquis re: FOIA Complaint Concerning the City of Harrington

Petitioner alleged that the City of Harrington Council’s Budget Committee improperly held a meeting discussing employee bonuses in violation of FOIA.

DECIDED: The City’s Budget Committee violated FOIA by holding a meeting about this matter without complying with open meeting requirements.

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