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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  January 2026

26-IB03 01/13/2026 FOIA Opinion Letter to Janet Todd re: Town of Greenwood

Petitioner alleged that the Town of Greenwood violated FOIA by holding executive sessions on August 13, 2025 and December 8, 2025 regarding the petitioner, despite the petitioner’s request that any discussions of job performance be held in open session.

DECIDED: The Town did not violate FOIA, because the Town Council’s executive sessions were authorized by the exception for strategy sessions for potential litigation in Section 10004(b)(4).

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26-IB02 01/09/2026 FOIA Opinion Letter to Tymir Thompkins re: City of Wilmington

Petitioner alleged that the City of Wilmington improperly denied access to interview panelists’ records regarding a job position for which the petitioner interviewed.

DECIDED: As these records were exempt pursuant to the common law right of privacy under Section 10002(o)(6), the City did not violate FOIA by denying access to the requested records.

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26-IB01 01/09/2026 FOIA Opinion Letter to Talia Mann re: Delaware State Housing Authority

Petitioner alleged that the Delaware State Housing Authority violated FOIA by: (1) withholding the petitioner’s tenant program application records submitted to the Authority; (2) withholding records required to be produced by the Authority’s hearing process and other federal programs; (3) denying the requests by email, rather than a formal letter; and (4) disregarding the retention laws applicable to the requested records. 

DECIDED: The Authority violated FOIA by failing to meet its burden to demonstrate that access to the tenant program application records was properly denied under FOIA.  The remaining claims do not constitute violations of FOIA.

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