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Delaware Department of Justice
Attorney General
Kathy Jennings




 Pages Categorized With: "10002(l) (6) Exemptions – Records Exempted Per Statute or Common Law"

08-IB11: RE: Freedom of Information Act Complaint Against New Castle County

Complainant alleged NCC violated FOIA open records requirements by not providing unredacted copy of email from private citizen to NCC Chief of Staff. Email copy was provided but name of private of citizen, an informant, was redacted. Complainant asserts NCC should reveal the identity of the informant to add details to the public debate. HELD: NCC not required to release name of informant. DOJ applies a balancing test weighing public’s interest in disclosure against public body’s interest in protecting sources. NCC’s interest in not discouraging citizens from reporting potentially illegal conduct is greater than the interest to release the identity of the informant.

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06-IB11 RE: Freedom of Information Act Complaint Against Capital School District

Complainant alleged that the Capital School District violated FOIA when it did not provide information regarding an employee’s attendance records and sign-out sheets. HELD: Overwhelming weight of authority in other states and federal cases leads office to believe that Delaware courts would hold that the personnel file exemption under Delaware’s FOIA does not exempt from disclosure the attendance records or time sheets of a public employee because disclosure would not constitute an invasion of personal privacy. Just as the public has a right to know the salary paid to public employees, the public also has a right to know when their public employees are and are not performing the duties for which they are paid. A Public body may redact from attendance records or time sheets of a public employee information regarding the specific nature of his or her illness or medical treatment of the name of the doctor.

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04-IB20 Re: Freedom of Information Act Complaint Against New Castle County

Del. Op. Atty. Gen. 04-IB20 (Del.A.G.), 2004 WL 2951950 Office of the Attorney General State of Delaware Opinion No. 04-IB20 November 16, 2004 Re: Freedom of Information Act Complaint Against New Castle County *1 Ms. Mary Allen The News Journal 950 W. Basin Road P.O. Box 15505 Wilmington, DE 19850 Dear Ms. Allen: Our Office […]

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04-IB11 Re: Freedom of Information Act Complaint Against Town of Fenwick Island

Del. Op. Atty. Gen. 04-IB11 (Del.A.G.), 2004 WL 1147054 Office of the Attorney General State of Delaware Opinion No. 04-IB11 May 4, 2004 Re: Freedom of Information Act Complaint Against Town of Fenwick Island *1 Mr. William Weistling, Jr. RD 3, Box 235A Fenwick Island, DE 19944 Dear Mr. Weistling: Our Office received your Freedom […]

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03-IB02 RE: Freedom of Information Act Complaint Against New Castle County

The Complainant alleged that New Castle County (“the County”) violated FOIA by denying access to “subpoenas issued to either New Castle County government or individual county employees by the U. S. Attorney’s Office since September 1, 2002.” Held: Rule 6(e) of the Federal Rules of Criminal Procedure is a statute which specifically exempts the disclosure of grand jury subpoenas under FOIA.

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02-IB24 Re: Freedom of Information Act Complaint Against New Castle County

The Complainant alleged that New Castle County (“the County”) violated FOIA by not providing you with copies of any checks payable to Sharon Hughes, former legislative aide to New Castle Councilman J. Christopher Roberts, or her attorney, Richard J. Wier, Jr., Esquire, relating to the legal settlement of a personnel matter between the County and Ms. Hughes. Held: any nondisclosure provision in a settlement agreement between Ms. Hughes and the County cannot override the public records requirements of FOIA and that the County violated FOIA by not providing you with access to documents relating to the settlement of a legal claim between Ms. Hughes and the County.

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02-IB16 Re: Freedom of Information Act Complaint Against New Castle County

The Complainant alleged that New Castle County (“the County”) violated FOIA by not providing a letter of engagement between the County and the law firm of Kirkland & Ellis. Held: Based on an in camera review of the documents, each of them is exempt from disclosure under FOIA either by attorney-client privilege or work product immunity.

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97-IB05 RE: Freedom of Information Act Complaint Against Town of Laurel

Complainant alleged that the Town of Laurel denied his request to inspect and copy public records HELD: The Town did not violate the public records provisions of FOIA because the Town made available to complainant for inspection and copying most of the public records requested, and the documents it did not disclose are specifically exempted under FOIA because they related to pending litigation and the attorney client privilege (letters to counsel relating to a bankruptcy proceeding, letters to attorneys related to outstanding amounts due for water, sewer, trash, and real estate taxes, and a letter from counsel to a client relating to bankruptcy proceedings and sale of properties for tax delinquencies), and the common law right of privacy (parking tickets).

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