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Delaware Department of Justice
Attorney General Kathy Jennings




 Archived Posts From:  September 2026

26-IB57 9/22/26 FOIA Opinion Letter to Dr. Amy Roe re: Public Service Commission

Petitioner alleged that the Public Service Commission violated FOIA at its August 19, 2026 public comment session, because both the link in the posting and the alternative link provided did not work.

DECIDED: As this public comment session did not constitute a “meeting” that is subject to FOIA’s open meeting requirements, no violation occurred.

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26-IB56 9/22/26 FOIA Opinion Letter to Shannon Marvel McNaught re: Town of Dagsboro

Petitioner alleged that the Town of Dagsboro violated FOIA by providing an improper cost estimate for the petitioner’s request. Specifically, the petition asserts that the estimate improperly included fees for legal review, the department and contractor’s reviews are redundant, and the file processing and delivery fee is not appropriate.

DECIDED: The Town violated FOIA by failing to demonstrate that these three aspects of its cost estimate were appropriate under FOIA.

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26-IB55 9/21/26 FOIA Opinion Letter to Michael Frazer re: Delaware State Fire Prevention Commission

Petitioner alleged that the State Fire Prevention Commission violated FOIA by failing to meet its burden in its response to the request and failing to search and provide all responsive records.

DECIDED: The Commission did not violate FOIA as the response to the request did not require submissions to satisfy the burden of proof and the Commission demonstrated its denial of access to the requested records was appropriate.

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26-IB54 9/16/26 FOIA Opinion Letter to Xerxes Wilson re: Delaware Department of State

Petitioner alleged that the Delaware Department of State violated FOIA by denying access to the lists for large corporate filers during a specified timeframe.

DECIDED: As the Department demonstrated that the requested list was not permitted to be disclosed by statute, the Department did not violate FOIA.

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26-IB53 9/9/26 FOIA Opinion Letter to Jason Steagall re: City of Dover

Petitioner alleged that the City of Dover violated FOIA by refusing to produce the locations of the City’s license plate cameras and the Network Audit Report for the license plate camera system.

DECIDED: The City violated FOIA by failing to meet its burden to demonstrate that the camera locations were properly withheld under the intelligence file exemption. However, no violation was found with respect to the denial of access to the Network Audit Report.

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26-IB52 9/4/26 FOIA Opinion Letter to Dr. Amy Roe, DELCOG re: City of Wilmington

Petitioner alleged that the City of Wilmington violated FOIA by failing to post a FOIA request form on its website.

DECIDED: As FOIA does not require this posting, no violation was found.

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