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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




21-IB16 07/06/2021 FOIA Opinion Letter to William Pickett re: FOIA Complaint Concerning the Governor’s Council on Agriculture and the Delaware Council on Food and Farm Policy

Date Posted: Tuesday, July 6th, 2021

Petitioner alleged that the Governor’s Council on Agriculture and the Delaware Food and Farm Policy Council failed to follow the open meeting requirements of FOIA by posting notices, agendas, and minutes of its meetings.

DECIDED: Both Councils are public bodies and in violation of FOIA for their failure to comply with the open meeting requirements.

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21-IB15 07/02/2021 FOIA Opinion Letter to John W. Paradee re: FOIA Complaint Concerning the Delaware Department of Transportation

Date Posted: Friday, July 2nd, 2021

Petitioner alleged that DelDOT improperly asserted attorney-client privilege, pending or potential litigation, draft document exclusion, and the exemption for confidential financial or commercial information to deny his clients’ request for a traffic impact study and related draft documents and correspondence.

DECIDED: DelDOT violated FOIA by failing to meet its burden with respect to the records it claims are subject to attorney-client privilege, attorney work product, or the pending litigation exemption. It was recommended DelDOT review its records in accordance with this Opinion and provide a supplemental response in accordance with the timeframes permitted in Section 10003(h). This response is recommended to include a statement that the attorney-client privileged and work product materials were reviewed and to include any responsive records, with the exception of materials subject to attorney-client privilege or attorney work product and any working drafts, subject to any redactions otherwise appropriate under FOIA.

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21 – IB14 06/30/2021 FOIA Opinion Letter to Maria Payan, et al. re: FOIA Complaint Concerning Sussex County

Date Posted: Wednesday, June 30th, 2021

Petitioners alleged that Sussex County failed to give proper notice of a Council meeting and the Industrial Revenue Bond Committee public hearing.

DECIDED: Counties are excluded from the requirement to post its notices and agendas online. No FOIA violation was found, as the Council and Industrial Revenue Bond Committee properly posted its physical notices for the Council meeting and public hearing regarding the Bond application.

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21 – IB13 06/23/2021 FOIA Opinion Letter to Amanda Fries re: FOIA Complaint Concerning Delaware Department of Health and Social Services

Date Posted: Wednesday, June 23rd, 2021

Petitioner alleged that the Delaware Department of Health and Human Services violated FOIA by failing to identify the specific records it withheld and by giving excessive cost and time estimates.

DECIDED: No FOIA violation found.

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21 – IB12 05/18/2021 FOIA Opinion Letter to Kenneth T. Kristl re: FOIA Complaint Concerning the Delaware Department of Agriculture

Date Posted: Tuesday, May 18th, 2021

Petitioner alleged that his client’s requests for records submitted to the Delaware Department of Agriculture were improperly denied. The Department asserted that the records were exempt by statute, pursuant to 29 Del. C. 10002(l)(6) and 3 Del. C. 2247.

DECIDED: The Department did not meet its burden to justify its denial of access to the requested records.

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21 – IB11 05/12/2021 FOIA Opinion Letter to Jason M. Schupp re: FOIA Complaint Concerning the Delaware Department of Insurance

Date Posted: Wednesday, May 12th, 2021

Petitioner alleged that the Delaware Department of Insurance improperly denied his request on the basis of his status as a non-citizen and on the basis of other statutory provisions applicable to the Department.

DECIDED: No violation of FOIA occurred as alleged in the petition.

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21 – IB10 05/04/2021 FOIA Opinion Letter to Millard E. Price re: FOIA Complaint Concerning Delaware Department of Corrections

Date Posted: Tuesday, May 4th, 2021

Petitioner alleged that DOC improperly denied his request for DOC policies and other records.

DECIDED: No FOIA violation occurred, as 29 Del. C. 10002(l)(13) exempts any records in DOC’s possession which are sought by an inmate in DOC’s custody.

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21 – IB09 04/22/2021 FOIA Opinion Letter to Mackenzie H. Wrobel re: FOIA Complaint Concerning Delaware Department of Insurance

Date Posted: Thursday, April 22nd, 2021

Petitioner alleged that the Department of Insurance improperly cited exemptions in response to its request for certain records.

DECIDED: The Department did not violate FOIA in denying the items in the request on the basis of the pending or potential litigation exemption, the statutory exemption for examination work papers, and the investigatory files exemption.

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21 – IB08 04/21/2021 FOIA Opinion Letter to Ameera Shaheed re: FOIA Complaint Concerning City of Wilmington

Date Posted: Wednesday, April 21st, 2021

Petitioner alleged that the City of Wilmington failed to respond to a request for records.

DECIDED: No FOIA violation occurred, as the City provided evidence of its timely response to the request.

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21-IB07 3/24/21 FOIA Opinion Letter to Kathy Hughes re: FOIA Complaint Concerning Delaware State Police

Date Posted: Wednesday, March 24th, 2021

Petitioner alleged that the Delaware State Police (“DSP”) improperly denied her request for a criminal complaint.
DECIDED: DSP did not violate FOIA, as the investigatory files exemption applies to the criminal complaint.

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