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Delaware Department of Justice
Attorney General
Kathy Jennings

 Pages Categorized With: "10001 Declaration of Policy"

95-IB15 Freedom of Information Act Complaint Mayor and Council of City of New Castle 29 Del. C. ' 10005(e)

The Complainant alleged a violation of the Freedom of Information Act’s open meeting requirements when the City of New Castle posted a revised agenda the day of a public meeting but did not provide a reason in the agenda for the delay. The open meeting was held to discuss a proposed ordinance. The City argued that an administrative oversight is not a substantive violation of FOIA. Held: failure to state a reason for delay in posting an agenda is a violation of FOIA. The city must issue a new ordinance in compliance with FOIA.

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95-IB08 Freedom of Information Act Complaint 29 Del. C. ' 10005(e)

The Complainant alleged that Woodbridge School District impermissibly charged her fees for the compiling of requested documents, in addition to the copying fees. The District had a regulation which allowed for charges for copying fees but did not specify additional charges for time employees spent satisfying the request. Held: Because the statute did not specifically allow for administrative fees, and the District did not follow its own regulations, Complainant was impermissibly charged. This decision was superseded by the August, 2012 amendments to the Delaware Freedom of Information Act which allows for reasonable administrative fees.

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95-IB03 Sworn Payroll Information 29 Del. C. ' 10002

The Requestor sought clarification on what information should be released pursuant to FOIA requests for sworn payroll records filed with the Delaware Department of Labor pursuant to prevailing wage law requirements. These records contain the name, address and Social Security number of each employee working on the public project, the employee’s work classification, total hours worked, rate of pay, amount earned, deductions, types of benefits provided and the cost of those benefits. Held: sworn payroll records must be released under FOIA but social security numbers of workers must be redacted in order to protect the personal privacy of the individuals. Note: this opinion was rescinded and superseded by Del. Op. Att’y Gen. 98-IB07 (1998).

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