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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  November 2024

24-IB51 11/26/2024 FOIA Opinion Letter to Janet Todd re: Town of Greenwood

Petitioner alleged that the Town of Greenwod Council violated FOIA because: 1) the Council’s executive session for personnel discussions was improper, as you requested these discussions be public; 2) the executive session documents were typed by a councilmember’s relative; and 3) a quorum of the Council improperly discussed public business over email.

DECIDED: The Town Council’s executive session at its August 27, 2024 meeting was appropriately held under Section 10004(b)(4). The Town Council violated FOIA by holding a “meeting” as defined by FOIA through email communications without satisfying FOIA’s open meeting requirements. The authorship of the executive session materials is a matter outside the scope of this opinion.

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24-IB50 11/26/2024 FOIA Opinion Letter to Andrew Bernstein re: Delaware Department of Correction

Petitioner alleged that the Delaware Department of Correction (“DOC”) improperly denied a request for certain records related to inmates.

DECIDED: As the DOC demonstrated that the requested records do not exist, no violation of FOIA was found.

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24-IB49 11/18/2024 FOIA Opinion Letter to Michael Strange re: City of Rehoboth Beach

Petitioner alleged that the City of Rehoboth Beach Board of Adjustment gave insufficient notice of a variance related to a certain parking lot on its September 30, 2024 meeting agenda and that the Board failed to properly mail notices and post signage for this same item on its October 16, 2024 meeting.

DECIDED: No violation of FOIA was found.

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24-IB48 11/14/2024 FOIA Opinion Letter to Monica Moriak re: Christina School District Board of Education

Petitioner alleged that the Christina School District Board of Education violated the open meeting requirements of FOIA during the August 13, 2024 meeting by privately discussing public matters.

DECIDED: No violation of FOIA was found.

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24-IB47 11/06/2024 FOIA Opinion Letter to James Lamb re: Delaware Department of Transportation

Petitioner alleged that the Delaware Department of Transportation (“DelDOT”) improperly denied the request for certain records regarding the legislative ratification of an agreement due to the petitioner’s lack of Delaware citizenship.

DECIDED: No violation of FOIA was found.

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