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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  January 2025

25-IB06 1/21/25 FOIA Opinion Letter to Randall Chase re: Delaware General Assembly, Division of Legislative Services

Petitioner alleged that the Division of Legislative Affairs of the Delaware General Assembly violated FOIA by failing to provide an affidavit with its response to his request and making improper redactions to the employee confidentiality policies.

DECIDED: The Division did not violate FOIA by failing to provide an affidavit with its response to the request or by redacting the employee names from the documents provided.

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25-IB05 1/21/25 FOIA Opinion Letter to Jennifer Pawloski re: Association of Coastal Towns

Petitioner alleged that the Association of Coastal Towns (“ACT”) violated FOIA by failing to provide notice of the public comment period on its December 13, 2024 meeting agenda and by dissolving instead of following this Office’s recommendations.

DECIDED: ACT violated FOIA by failing to include the public comment period on its agenda. The remaining claim is outside the scope of this Office’s statutory authority.

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25-IB04 1/17/25 FOIA Opinion Letter to Representative Sean Lynn re: Delaware General Assembly, Division of Legislative Services

Petitioner alleged that the Division of Legislative Affairs of the Delaware General Assembly violated FOIA by failing to provide an affidavit with its response to his request, failing to provide all requested confidentiality policies, and making improper redactions to the employee confidentiality policies. In addition, the petition asserted non-FOIA claims regarding the legality of the requested policies and the General Assembly members’ rights regarding records access.

DECIDED: The Division did not violate FOIA by failing to provide an affidavit with its response to the request or by redacting the employee names from the documents provided. As the remaining claims were moot or outside the scope of this Office’s jurisdiction, they were declined for consideration.

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25-IB03 1/13/25 FOIA Opinion Letter to Jennifer Pawloski re: Town of Bethany Beach

Petitioner alleged that the Town of Bethany Beach violated FOIA by failing to respond to a request for a modified request.

DECIDED: The Town violated FOIA, as the Town did not engage with the petitioner regarding the modified request.

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25-IB02 1/13/25 FOIA Opinion Letter to Alicia Battaglino re: City of Wilmington

Petitioner alleged that the City of Wilmington did not provide a full response to the request for citations issued by a specified inspector.

DECIDED: As the City provided sufficient sworn statements to support its response, no violation of FOIA was found.

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25-IB01 1/03/25 FOIA Opinion Letter to Randall Chase re: Delaware Office of Lieutenant Governor

Petitioner alleged that the Office of Lieutenant Governor (“OLG”) violated FOIA because the OLG refused to provide records in response to three requests, and its response to a fourth request appeared to be incomplete.

DECIDED: The OLG violated FOIA by failing to assert and support the reasons for withholding records in its response to the July 31, 2024 request, by failing to demonstrate it performed an adequate search for records for the July 31, 2024 request, and by failing to properly assert the need for additional time for the three remaining requests.

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