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Delaware Department of Justice
Attorney General
Kathy Jennings




 Pages Categorized With: "Uncategorized"

22-IB35 09/23/2022 FOIA Opinion Letter to Jack Guerin re: FOIA Complaint Concerning the Delaware Office of the Auditor of Accounts

Petitioner alleged that the Office of the Auditor of Accounts violated FOIA by failing to respond to the FOIA request.

DECIDED: The Office of the Auditor of Accounts violated FOIA by not providing a response to the FOIA request.

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22-IB34 09/15/2022 FOIA Opinion Letter to Tom Irvine re: FOIA Complaint Concerning the Town Council of Georgetown

Petitioner alleged that three members of the Town Council of Georgetown violated FOIA by privately meeting to sign and deliver a check to a historical society.

DECIDED: A quorum of the Town Council violated FOIA by privately discussing and taking action on the Georgetown Historical Society’s grant check without complying with the open meeting requirements.

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22-IB33 09/01/2022 FOIA Opinion Letter to Jack Guerin re: FOIA Complaint Concerning the Fort DuPont Redevelopment and Preservation Corporation

Petitioner alleged that the Fort DuPont Redevelopment and Preservation Corporation (“FDRPC”) violated FOIA by improperly denying the request for the minutes of a certain Finance Committee meeting.

DECIDED: The FDRPC violated FOIA by failing to meet its burden to justify denial of access to the requested minutes.

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22-IB32 08/31/2022 FOIA Opinion Letter to Barbara L. Bullock re: FOIA Complaint Concerning the City of Harrington

Petitioner alleged that the City of Harrington violated FOIA by failing to respond to the request within fifteen business days.

DECIDED: No violation of FOIA was found.

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22-IB31 08/26/2022 FOIA Opinion Letter to Amy Roe re: FOIA Complaint Concerning the Childhood Lead Poisoning Committee, Delaware Department of Health and Social Services

Petitioner alleged that the Childhood Lead Poisoning Committee and its subcommittees, which are administratively supported by the Delaware Department of Health and Social Services, failed to meet their obligations to maintain and post minutes for certain Committee and subcommittee meetings.

DECIDED: The Childhood Lead Poisoning Committee and its subcommittees violated FOIA.

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22-IB30 08/24/2022 FOIA Opinion Letter to India Scott re: FOIA Complaint Concerning the Caesar Rodney School District Board of Education

Petitioner alleged that the Caesar Rodney School District Board of Education violated FOIA by precluding her from providing public comment at the July 26, 2022 Board meeting and by improperly noticing the change to the start time of the April 12, 2022 Board meeting.

DECIDED: It was determined that the Board violated FOIA by failing to meet its burden to demonstrate that the rescheduled April 12, 2022 meeting was properly noticed, but the allegations about the public comment period at the July 26, 2022 meeting did not constitute a violation of FOIA.

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22-IB29 08/23/2022 FOIA Opinion Letter to John W. Paradee re: FOIA Complaint Concerning the Delaware Department of Transportation

Petitioner alleged that DelDOT improperly denied its request for records under the potential litigation exemption.

DECIDED: DelDOT has not met its burden of demonstrating that the potential litigation exemption applies to the entirety of this request.

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22-IB28 08/23/2022 FOIA Opinion Letter to Dan Shortridge re: FOIA Complaint Concerning the Delaware Auditor of Accounts

Petitioner alleged that the Delaware Auditor of Accounts violated FOIA with regard to a records request and failed to meet the 15 business day statutory deadline.

DECIDED: The petition is now moot because the Delaware Auditor of Accounts provided an affidavit response to the request.

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22-IB27 08/19/22 FOIA Opinion Letter to John Reiss re: FOIA Complaint Concerning the Town of Blades

Petitioner alleged that the Town violated FOIA by considering and voting on certain items at the meeting without proper notice on the agenda.

DECIDED: The Town violated the open meeting requirements by failing to justify its decision to discuss employee bonuses and raises in private and by failing to provide any notice on the June 13, 2022 meeting agenda of employee bonuses, employee raises, or the water line extension project discussed and voted on at its Council meeting.

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22-IB26 08/12/2022 FOIA Opinion Letter to Erin Markham re: FOIA Complaint Concerning the City of Wilmington

Petitioner alleged that the spreadsheet produced in response to her FOIA request was incomplete and she could not reasonably be expected to interpret the data.

DECIDED: No FOIA violation occurred. FOIA does not require a public body to create a new record or to interpret any provided data in response to a request.

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