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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  December 2023

23-IB34 12/13/2023 FOIA Opinion Letter to Dan Shortridge re: FOIA Complaint Concerning the City of Dover

Petitioner alleged that the City of Dover violated FOIA by failing to create an agenda and minutes for its review committee meeting for the Old Post Office property and to produce those records when the petitioner requested them.

DECIDED: The City’s review committee violated FOIA by failing to prepare an agenda and maintain minutes for its August 29, 2023 meeting.

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23-IB33 12/4/2023 FOIA Opinion Letter to Tamara Skis re: FOIA Complaint Concerning the Town Council of Ellendale

Petitioner alleged that the Ellendale Town Council’s November 1, 2023 meeting agenda violated FOIA by failing to provide the public a meaningful opportunity for engagement as required by the FOIA statute and by failing to disclose the reasons for the executive session.

DECIDED: The Town Council’s November 1, 2023 meeting agenda did not violate FOIA as alleged in the Petition. The statement in the agenda prohibiting rebuttals during the public comment period did not violate Section 10004(a), and the reasons given for the executive session on this agenda are sufficient under FOIA.

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23-IB32 12/1/2023 FOIA Opinion Letter to Jamila Davey re: FOIA Complaint Concerning the City of Wilmington

Petitioner alleged that the City is not permitted to assess any fees for processing this request and the City staff will not require three hours to fulfill the request.

DECIDED: The FOIA statute authorizes fees for processing FOIA requests in accordance with Section 10003, and the City did not violate FOIA by estimating three hours of staff time in this cost estimate.

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