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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  October 2023

23-IB29 10/10/2023 FOIA Opinion Letter to Melissa Steele re: FOIA Complaint Concerning the Delaware Department of Safety and Homeland Security

Petitioner alleged that the Delaware Department of Safety and Homeland Security (“DSHS”) violated FOIA by denying a request for investigatory records related to three teens’ criminal arrests.

DECIDED: The DSHS did not violate FOIA by denying access to the requested records.

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23-IB28 10/3/2023 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Indian River School District

Petitioner alleged that at the August 16, 2023 meeting, the Board unconstitutionally restricted free speech; the Board failed to state the reason for the executive session when voting to go into executive session; the Board voted on “personnel agendas” at its June 26, 2023 and August 16, 2023 meetings that do not give information about the positions or the individuals in question; and the District’s refusal to provide information about staff suspensions is improper under state law and violates the District’s own past practices.

DECIDED: The Board violated FOIA by providing insufficient notice to the public in its June 26, 2023 and August 16, 2023 agendas. However, the Board did not violate FOIA by failing to state verbally the purpose of the executive sessions during its vote to enter the August 16, 2023 executive session. This Office lacked the authority to decide the remaining claims.

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