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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




22-IB22 06/03/2022 FOIA Opinion Letter to Councilmember Linda Gray re: FOIA Complaint Concerning the City of Wilmington

Date Posted: Friday, June 3rd, 2022

Petitioner alleged that the Wilmington City Council held private meetings in violation of FOIA.

DECIDED: The petition has not formed a sufficient basis to determine whether City Council privately met in violation of FOIA.

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22-IB21 05/27/2022 FOIA Opinion Letter to Amanda Fries re: FOIA Complaint Concerning the City of Wilmington

Date Posted: Friday, May 27th, 2022

Petitioner alleged that the City of Wilmington’s cost estimate over-charged the hourly administrative fees, failed to waive all fees, and improperly delayed its cost estimate.

DECIDED: This Office found no basis to conclude that the City violated FOIA as alleged in the Petition.

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22-IB20 05/18/2022 FOIA Opinion Letter to John D. Morgan, III re: FOIA Complaint Concerning the City of Newark

Date Posted: Tuesday, May 17th, 2022

Petitioner alleged that the City of Newark violated FOIA by failing to timely respond to his request for application materials for proposed appointees to the City’s boards and commissions and by inappropriately redacting the application materials produced. The petition also alleged that the City’s new practice of allowing the nominating councilmember sole access to the appointees’ qualifications to vet the appointees to the City’s boards and commissions violates FOIA.

DECIDED: The City violated FOIA by failing to meet its burden of proof to justify its denial of access to the redacted information. No violations of FOIA were found regarding the remaining two issues.

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22-IB19 05/16/2022 FOIA Opinion Letter to William Pickett re: FOIA Complaint Concerning the Sussex County Vocational – Technical School District

Date Posted: Monday, May 16th, 2022

Petitioner alleged that the Board of Education of the Sussex County Vocational – Technical School District violated FOIA by discussing substitute compensation in an executive session and voting under a catch-all heading in public session.

DECIDED: The Board violated FOIA by improperly discussing substitute compensation in executive session. No violation of FOIA was found regarding the vote under the catch-all heading.

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22-IB18 05/09/2022 FOIA Opinion Letter to Will Lowrey re: FOIA Complaint Concerning the Delaware Department of Agriculture

Date Posted: Monday, May 9th, 2022

Petitioner alleged that the Delaware Department of Agriculture improperly denied its request for two items related to avian flu outbreak in Delaware.

DECIDED: The Department failed to meet its burden to justify denial of these records under 29 Del. C. § 10002(o)(3), 29 Del. C. § 10002(o)(6), and the exception for working drafts.

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22-IB17 05/05/2022 FOIA Opinion Letter to Eric Marquis re: FOIA Complaint Concerning the City of Harrington

Date Posted: Thursday, May 5th, 2022

Petitioner alleged that the City of Harrington Council’s Budget Committee improperly held a meeting discussing employee bonuses in violation of FOIA.

DECIDED: The City’s Budget Committee violated FOIA by holding a meeting about this matter without complying with open meeting requirements.

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22-IB16 04/29/2022 FOIA Opinion Letter to Xerxes Wilson re: FOIA Complaint Concerning the Delaware Department of Correction

Date Posted: Friday, April 29th, 2022

Petitioner alleged that the Department of Correction (“DOC”) improperly denied its requests for records related to the use of force and video footage.

DECIDED: DOC did not violate FOIA by denying access to the use of force records under the pending or potential litigation exemption and by declining to produce video footage polices that DOC staff attested did not exist.

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22-IB15 04/26/2022 FOIA Opinion Letter to Xerxes Wilson re: FOIA Complaint Concerning the Office of the Auditor of Accounts

Date Posted: Tuesday, April 26th, 2022

Petitioner alleged that the Office of Auditor of Accounts (“AOA”) violated FOIA by improperly redacting the records responsive to his request.

DECIDED: AOA violated FOIA by failing to sufficiently justify the redactions in the responsive documents based on an exception for “working papers.”

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22-IB14 04/20/2022 FOIA Opinion Letter to William Weistling, Jr. re: FOIA Complaint Concerning the Town of Fenwick Island

Date Posted: Wednesday, April 20th, 2022

Petitioner alleged that the Town of Fenwick Island violated FOIA by not allowing certain members of the public speak during the comment period of a public hearing.

DECIDED: We find that the factual record does not support the violation alleged in the Petition.

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22-IB13 04/20/2022 FOIA Opinion Letter to Daniel P. Hagelberg re: FOIA Complaint Concerning the City of Wilmington

Date Posted: Wednesday, April 20th, 2022

Petitioner alleged that the City of Wilmington improperly denied its requests for all police reports for accidents involving certain police officers between October 1, 2021 and November 15, 2021.

DECIDED: The City properly denied the request under 29 Del. C. § 10002(o)(3), and 29 Del. C. § 10002(o)(6).

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