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Delaware Department of Justice
Attorney General
Kathy Jennings




 Pages Categorized With: "Uncategorized"

22-IB10 04/14/2022 FOIA Opinion Letter to Joe Berg re: FOIA Complaint Concerning the Village of Ardencroft

Petitioner alleged that the Village of Ardencroft violated FOIA by failing to timely send the agenda and to update the agenda over the past year, and by holding its meeting fully virtually.

DECIDED: The Village violated FOIA by failing to demonstrate it gave timely notice its meeting agenda and failing to adequately describe the major items expected to be discussed on its agendas. The Village did not violate FOIA by meeting without an anchor location.

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22-IB09 04/07/2022 FOIA Opinion Letter to Janice Lorrah re: FOIA Complaint Concerning the Delaware Department of Health and Social Services

Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) improperly responded to her request, as DHSS did not answer her follow-up inquiry and the response letter only included website links, instead of records.

DECIDED: No violation of FOIA was found.

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22-IB08 04/04/2022 FOIA Opinion Letter to Ken Grant re: FOIA Complaint Concerning the Delaware Department of Transportation

Petitioner alleged that DelDOT improperly prepared its cost estimate.

DECIDED: DelDOT did not violate FOIA as alleged in the Petition.

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22-IB07 04/04/2022 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Petitioner alleged that DelDOT untimely responded to his request and improperly denied his request for records related to the Drinking Water Protection Act.

DECIDED: It was concluded that the timeliness claim was moot and that DNREC improperly denied access to certain requested records under the exception for draft documents.

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22-IB06 03/29/2022 FOIA Opinion Letter to Loreto P. Rufo re: FOIA Complaint Concerning the Delaware Health and Social Services

Petitioner alleged that the Department of Health and Social Services (“DHSS”) improperly denied the request for certain communications and investigative records arising from an incident at a long-term care facility.

DECIDED: DHSS did not violate FOIA by denying access to the requested records under Sections 10002(o)(3) and (6).

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22-IB05 03/04/2022 FOIA Opinion Letter to Michael L. Vild re: FOIA Complaint Concerning the Delaware Department of Insurance

Petitioner alleged that the Delaware Department of Insurance improperly denied access to certain records related to a special purpose financial captive insurance company.

DECIDED: The Department did not violate FOIA by denying access to the requested records pursuant to 29 Del. C. 10002(o)(6).

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22-IB04 03/03/2022 FOIA Opinion Letter to Jayshree Tailor, Nancy Fan and Jenn Ruebush re: FOIA Complaint Concerning the Charter School of Wilmington, Inc.

Petitioners alleged that the Charter School of Wilmington, Inc. and its Board of Directors (“CSW”) violated the open meeting requirements of FOIA in conducting its December 3, 2021 meeting to discuss advancement issues and its January 20, 2022 Finance committee meeting.

DECIDED: The CSW violated FOIA by failing to follow the open meeting requirements for both meetings.

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22-IB03 02/18/2022 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Diamond State Port Corporation

Petitioner alleged that the Diamond State Port Corporation (“DSPC”) violated FOIA by failing to provide proper notice of a recent executive session, to take the requisite vote of its members to enter executive session, and to consider certain meeting minutes in public session.

DECIDED: The DSPC violated FOIA by failing to provide proper public notice of this executive session and to take the requisite vote of its present members in a meeting open to the public before entering the executive session. The Petition’s allegation about the meeting minutes was not determined to be a violation of FOIA.

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22-IB02 2/1/2022 FOIA Opinion Letter to Amanda Fries re: Complaint Concerning the Delaware Criminal Justice Information System

Petitioner alleged that DELJIS improperly denied access to your request for statistics.

DECIDED: The petition was determined to be moot.

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22-IB01 01/28/2022 FOIA Opinion Letter to Ken Grant re: FOIA Complaint Concerning the Delaware Department of Transportation

Petitioner alleged that DelDOT improperly denied access to applications for salvage certificates and the total number of applications received.

DECIDED: DelDOT violated FOIA by denying access to the entirety of the applications but did not violate FOIA by refusing access to the number of salvage certificate applications received.

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