Delaware.gov logo
Listen to this page using ReadSpeaker

Delaware Department of Justice
Attorney General
Kathy Jennings




 Pages Categorized With: "Uncategorized"

23-IB05 02/03/2023 FOIA Opinion Letter to Christiane Marchio re: FOIA Complaint Concerning the Delaware Department of Health and Social Services

Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) violated FOIA by denying access to an animal welfare complaint report.

DECIDED: The DHSS did not violate FOIA, as the requested record is exempt under the investigatory files exemption.

Read More



23-IB04 01/25/2023 FOIA Opinion Letter to Thomas Pledgie re: FOIA Complaint Concerning the Delaware Department of Finance

Petitioner alleged that the Delaware Department of Finance improperly denied his request for certain meeting minutes because he was not a citizen of Delaware.

DECIDED: The Department did not violate FOIA by denying access to the requested records.

Read More



23-IB03 01/24/2023 FOIA Opinion Letter to Amy Roe re: FOIA Complaint Concerning the Delaware Department of Education

Petitioner alleged that the Delaware Department of Education (“DOE”) violated FOIA by including in its cost estimate for email retrieval time to scrub email results and including in its potential administrative cost the time to redact documents.

DECIDED: This Office found no basis to conclude that DOE violated FOIA as alleged in the petition.

Read More



23-IB02 01/19/2023 Opinion Letter to Donald Burdick re: FOIA Complaint Concerning Sussex County

Petitioner alleged that Sussex County violated FOIA by failing to provide responsive records to two requests related to a certain wastewater facility.

DECIDED: The County has met its burden of proof to demonstrate that it has not violated FOIA by failing to provide responsive records to the two requests.

Read More



23-IB01 01/09/2023 FOIA Opinion Letter to Mike Lang re: FOIA Complaint Concerning the Delaware Interscholastic Athletic Association Board of Directors

Petitioner alleged that the Board of Directors of the Delaware Interscholastic Athletic Association (“DIAA”) violated FOIA at its November 10, 2022 meeting because the motion to take administrative action on a personnel matter discussed in the preceding executive session did not adequately describe the topic subject to vote.

DECIDED: The Board did not violate FOIA by failing to describe more specifically the personnel matter subject to vote.

Read More



22-IB51 12/19/2022 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Petitioner alleged that DNREC had not responded to his request as of the date of the Petition and that the raw sampling data and related internal correspondence had not been provided, despite this Office’s previous opinion regarding these records.

DECIDED: The Petition’s claim that DNREC failed to respond to your request was determined to be moot. DNREC violated FOIA by failing to demonstrate its withholding of access to the requested raw data and the related internal correspondence was proper under FOIA.

Read More



22-IB50 12/16/2022 FOIA Opinion Letter to John Hawley re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control, the Delaware Parks and Recreation Council, and the Parks Council’s Stakeholder Workgroup

Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”), the Delaware Parks and Recreation Council (“Parks Council”), and the Parks Council’s Stakeholder Workgroup (“Workgroup”) violated FOIA by failing to adhere to FOIA’s open meeting requirements because the Parks Council’s agendas for its February, May, August, and November 2022 meetings did not give adequate notice of its intent to review or change the surf fishing permit program. Petitioner also alleged that the Workgroup was required to provide public notice of its meetings.

DECIDED: Parks Council did not violate FOIA with its agenda topics. However, we determined that the Workgroup is a public body under FOIA, and thus, did violate FOIA’s open meeting requirements.

Read More



22-IB49 12/16/2022 FOIA Opinion Letter to Michael Platt, City Council President, re: FOIA Complaint Concerning the New Castle City Council

Petitioner alleged that three members of New Castle City Council privately discussed and reached a consensus on the tourism director position and that these members regularly used private and public email systems to communicate outside of public meetings and referenced an email in which one councilmember intended to have private discussions with another member.

DECIDED: As the Council provided appropriate sworn testimony, the Petition’s claims allegations did not constitute violations of FOIA.

Read More



22-IB48 12/12/2022 FOIA Opinion Letter to Erica Lindsey re: FOIA Complaint Concerning the Fort DuPont Redevelopment and Preservation Corporation

Petitioner alleged that Fort DuPont Redevelopment and Preservation Corporation (“FDRPC”) violated FOIA by not responding to two FOIA requests seeking records relating to financial audits of the FDRPC.

DECIDED: FDRPC violated FOIA by failing to timely respond to two FOIA requests.

Read More



22-IB47 11/30/2022 FOIA Opinion Letter to Xerxes Wilson re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) violated FOIA by relying on the personnel file exemption to withhold an employment settlement agreement and that DNREC’s FOIA coordinator failed to work to foster cooperation between him and DNREC, as required by Section 10003(g).

DECIDED: The claim regarding the settlement agreement is moot, and DNREC’s FOIA coordinator did not violate FOIA by failing to satisfy the duty to cooperate under Section 10003(g).

Read More





+