19-IB47 9/4/2019 FOIA Opinion Letter to Mr. Dan Kramer re: FOIA Complaint Concerning Sussex County
This Office was asked to determine whether Sussex County Council violated FOIA by discussing potential purchases of development rights in executive session.
DECIDED: No FOIA violation was found. The purchase of an essential property right incident to the land is effectively an acquisition of land, which FOIA permits for discussion in executive session.
Read More19-IB46 8/27/2019 FOIA Opinion Letter to Mr. Randall Chase re: FOIA Complaint Concerning the Delaware Auditor of Accounts
Petitioner alleged that the Auditor of Accounts must possess, but did not disclose, certain requested records in response to his request for communications regarding Odyssey Charter School.
DECIDED: No FOIA violation was found. When a public body provides an affidavit, under penalty of perjury, supporting its determination whether public records exist, this Office accepts the public body’s sworn representations in reviewing this determination.
Read More19-IB45 8/26/2019 FOIA Opinion Letter to Mr. Shawn Tucker re: FOIA Complaint Concerning The City of Lewes
The City of Lewes responded to a FOIA request and provided records but refused to certify to the requestor that all records responsive to the request had been provided and refused to produce a duplicate copy of an email. This Office was asked to determine whether the City’s response was appropriate under FOIA.
DECIDED: No FOIA violation was found. The FOIA statute does not require a public body granting access to records to certify that all responsive public documents have been provided to the requesting party, nor does it require that a public body produce multiple copies of identical public records.
Read More19-IB44 8/12/2019 FOIA Opinion Letter to Mr. Craig O’Donnell re: FOIA Complaint Concerning The Delaware State Police
This Office was asked to determine whether the Delaware State Police appropriately denied a request for raw data regarding traffic stops.
DECIDED: No FOIA violation was found. The requested information is exempt as investigatory files under 29 Del. C. § 10002(l)(3) and 12 Del. C. §313. Transferring the information from these reports into a digital format does not eliminate the exemptions for such information.
Read More12-IIB03 02/23/2012 AG Opinion Letter to Norman E. Wood re: Sheriff Arrest Power
PRINT VERSION: Attorney General Opinion No. 12-IIB03
Read More12-IB02 01/17/2012 AG Opinion Letter to Mr. Anas Ben Addi re: Public Housing Authorities in Delaware
PRINT VERSION: Attorney General Opinion No. 12-IB02
Read More02-IB25 10/10/2002 AG Opinion Letter to Philip N. Barkins, P.T. re: Referrals Prohibited to Physical Therapists pursuant to 24 Del. C. §2616(a)(8)
PRINT VERSION: Attorney General Opinion 02-IB25
Read More95-IB11 02/14/1995 AG Opinion Letter to Iva J. Boardman re: Holdover Nursing Board Members After Expiration of Term
PRINT VERSION: Attorney General Opinion No. 95-IB11
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