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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




21-IB20 09/14/2021 FOIA Opinion Letter to Leo A. Ventresca re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Date Posted: Tuesday, September 14th, 2021

Petitioner alleged that DNREC improperly denied his request for records under the pending or potential litigation exemption. In addition, the petitioner alleged that DNREC failed to fulfill its obligations under the State Implementation Plan and a certain memorandum of understanding.

DECIDED: As an appeal was pending before the Environmental Appeals Board and the request related to that matter, this Office found that DNREC did not violate FOIA by denying the request under the pending litigation exemption. The remaining issues are outside the purview of this Office’s authority.

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21-IB19 08/18/2021 FOIA Opinion Letter to Shannon Marvel McNaught re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Date Posted: Wednesday, August 18th, 2021

Petitioner alleged that DNREC improperly denied her request for septic system inspection records under the investigatory files exemption.

DECIDED: DNREC’s denial of the request was proper under the investigatory files exemption.

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21-IB18 08/06/2021 FOIA Opinion Letter to Bernice I. Corman re: FOIA Complaint Concerning the Delaware Department of Transportation

Date Posted: Friday, August 6th, 2021

Petitioner alleged that her request was improperly denied on the basis of her lack of citizenship and the potential litigation exemption.

DECIDED: The request was properly denied on the basis of petitioner’s lack of citizenship.

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21-IB17 07/23/2021 FOIA Opinion Letter to William Pickett re: FOIA Complaint Concerning the Town of Georgetown

Date Posted: Friday, July 23rd, 2021

Petitioner alleged that the Town of Georgetown violated FOIA by voting via email outside of a public meeting regarding the observation of the Juneteenth holiday this year.

DECIDED: The Town Council violated FOIA by voting on a matter of Council business by a series of calls and emails outside of a public meeting.

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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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