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Delaware Department of Justice
Attorney General Kathy Jennings




 Archived Posts From:

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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25-IB66 12/22/2025 FOIA Opinion Letter to Brandy Topolski re: Redding Consortium for Educational Equity

Petitioner alleged that the Redding Consortium for Educational Equity violated FOIA by creating barriers to access at its November 18, 2025 meeting. The petition also made claims regarding other unspecified meetings and public records requests and alleged that the Consortium improperly scheduled meetings at the same time as other educational public bodies.

DECIDED: The Consortium did not violate FOIA at the November 18, 2025 meeting.  The remaining claims are not appropriate for consideration.

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25-IB65 12/19/2025 FOIA Opinion Letter to Gordon Putnik re: New Castle County

Petitioner alleged that New Castle County improperly denied a request for records related to a law enforcement incident.

DECIDED: As the investigatory files exemption and security exemption apply to this request, the County was found not be in violation for denying access to the requested records.

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25-IB58 12/02/2025 FOIA Opinion Letter to Karen Miller re: Town of Greenwood

Petitioner made multiple allegations regarding FOIA requests submitted to the Town of Greenwood.

DECIDED: As FOIA only guarantees access to public records to citizens of the State, the Town did not violate FOIA in responding to these requests.

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25-IB53 10/20/2025 FOIA Opinion Letter to Warren Rosenkranz re: Village of Arden

Petitioner alleged that the Village of Arden violated FOIA by failing to post a proper meeting notice for the September 22, 2025 meeting with the time and location. The petitioner also alleged that the mailed notice was improper.

DECIDED: The Village violated FOIA by failing to post a sufficient notice for the meeting initially scheduled for September 22, 2025, but rescheduled for September 29, 2025. The second claim was not an allegation of a FOIA violation and was outside the scope of the determination.

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25-IB52 10/20/25 FOIA Opinion Letter to Renee Edge re: Delaware State Police, Department of Safety and Homeland Security

Petitioner alleged that the Delaware State Police, Department of Safety and Homeland Security’s (“DSP”) denial of your request was overly broad.

DECIDED: As the requested logs and call summaries were part of the investigatory files, DSP did not violate FOIA by denying access to these records.

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25-IB51 10/16/25 FOIA Opinion Letter to Elise Altergott re: Town of Millsboro

Petitioner alleged that the Town of Millsboro violated FOIA by denying her request for complaints, providing website links in response to certain requests, creating unclear meeting minutes, and failing to post the meeting agendas online.

DECIDED: No violation of FOIA was found.

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25-IB50 10/09/25 FOIA Opinion Letter to Keriann Conroy re: Sussex County

Petitioner alleged that Sussex County violated FOIA by denying its FOIA request under the pending litigation exemption.

DECIDED: As litigation was pending and the requested records pertained to the pending litigation, it was determined that the records were exempt.

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