Delaware Department of Justice
Attorney General Kathy Jennings


Attorney General's Opinions




26-IB63 10/19/26 FOIA Opinion Letter to Julia Merola re: Caesar Rodney School District

Date Posted: Monday, October 19th, 2026

Petitioner alleged that the Caesar Rodney School District included impermissible fees for legal review in its cost estimate.

DECIDED: The District violated FOIA by including fees for legal review in its cost estimate for this request.

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26-IB62 10/14/26 FOIA Opinion Letter to Bernadette Ruf re: Trustees of the New Castle Common

Date Posted: Wednesday, October 14th, 2026

Petitioner alleged that the Trustees of the New Castle Common violated FOIA by: (1) failing to take a vote for a certain paving project at the March 18, 2026 budget workshop meeting or failing to keep accurate minutes; (2) not posting an agenda for this meeting; (3) not posting the minutes for this meeting until after the project was completed; and (4) either executing a project that was approved in a public meeting, or approving the project outside of a public meeting in violation of FOIA.

DECIDED: The the Trustees violated FOIA by failing to post an agenda for the March 18, 2026 meeting and by failing to maintain accurate minutes regarding this project.  The remaining allegations do not constitute violations of FOIA.

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26-IB61 10/14/26 FOIA Opinion Letter to Maddy Lauria re: Environmental Appeals Board

Date Posted: Wednesday, October 14th, 2026

Petitioner alleged that the Environmental Appeals Board improperly denied a request for formal responses and motions related to pending appeals.

DECIDED: The Board violated FOIA by failing to demonstrate that it appropriately withheld the requested records under FOIA’s litigation exemption.

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26-IB60 10/12/26 FOIA Opinion Letter to Samuel Larkin re: New Castle County

Date Posted: Monday, October 12th, 2026

Petitioner alleged that New Castle County violated FOIA by denying a request for certain 911 call records.

DECIDED: Because the 911 call records are exempt from disclosure by statute, no violation of FOIA was found.

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26-IB59 10/12/26 FOIA Opinion Letter to Martha Chase re: City of Rehoboth Beach

Date Posted: Monday, October 12th, 2026

Petitioner alleged that the City of Rehoboth Beach improperly responded to a request for records related to a certain property by failing to produce municipal records to establish the City’s claim related to this property.

DECIDED: The City did not violate FOIA, as the request for the City’s records supporting a legal position is not sufficiently articulated under FOIA and the City demonstrated an adequate search for the remaining requested records.

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26-IB58 10/05/26 FOIA Opinion Letter to Ryan Connell re: Delaware State Police

Date Posted: Monday, October 5th, 2026

Petitioner alleged that the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied a request for records supporting the placement of a Flock Safety license plate reader camera in a particular neighborhood.

DECIDED: As the DSP adequately demonstrated these records were exempt investigatory file records, no violation of FOIA was found.

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26-IB57 9/22/26 FOIA Opinion Letter to Dr. Amy Roe re: Public Service Commission

Date Posted: Tuesday, September 22nd, 2026

Petitioner alleged that the Public Service Commission violated FOIA at its August 19, 2026 public comment session, because both the link in the posting and the alternative link provided did not work.

DECIDED: As this public comment session did not constitute a “meeting” that is subject to FOIA’s open meeting requirements, no violation occurred.

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26-IB56 9/22/26 FOIA Opinion Letter to Shannon Marvel McNaught re: Town of Dagsboro

Date Posted: Tuesday, September 22nd, 2026

Petitioner alleged that the Town of Dagsboro violated FOIA by providing an improper cost estimate for the petitioner’s request. Specifically, the petition asserts that the estimate improperly included fees for legal review, the department and contractor’s reviews are redundant, and the file processing and delivery fee is not appropriate.

DECIDED: The Town violated FOIA by failing to demonstrate that these three aspects of its cost estimate were appropriate under FOIA.

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26-IB55 9/21/26 FOIA Opinion Letter to Michael Frazer re: Delaware State Fire Prevention Commission

Date Posted: Monday, September 21st, 2026

Petitioner alleged that the State Fire Prevention Commission violated FOIA by failing to meet its burden in its response to the request and failing to search and provide all responsive records.

DECIDED: The Commission did not violate FOIA as the response to the request did not require submissions to satisfy the burden of proof and the Commission demonstrated its denial of access to the requested records was appropriate.

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26-IB54 9/16/26 FOIA Opinion Letter to Xerxes Wilson re: Delaware Department of State

Date Posted: Wednesday, September 16th, 2026

Petitioner alleged that the Delaware Department of State violated FOIA by denying access to the lists for large corporate filers during a specified timeframe.

DECIDED: As the Department demonstrated that the requested list was not permitted to be disclosed by statute, the Department did not violate FOIA.

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