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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




22-IB47 11/30/2022 FOIA Opinion Letter to Xerxes Wilson re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Date Posted: Wednesday, November 30th, 2022

Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC) violated FOIA by relying on the personnel file exemption to withhold an employment settlement agreement and that DNREC’s FOIA coordinator failed to work to foster cooperation between him and DNREC, as required by Section 10003(g).

DECIDED: The claim regarding the settlement agreement is moot, and DNREC’s FOIA coordinator did not violate FOIA by failing to satisfy the duty to cooperate under Section 10003(g).

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22-IB46 11/29/2022 FOIA Opinion Letter to Xerxes Wilson re: FOIA Complaint Concerning the University of Delaware

Date Posted: Tuesday, November 29th, 2022

Petitioner challenged the University of Delaware’s representation that it has no public records responsive to his request.

DECIDED: The University did not violate FOIA, as it met its burden of proof to demonstrate that it has no public records responsive to this request.

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22-IB45 11/28/2022 FOIA Opinion Letter to Richard L. Abbott re: FOIA Complaint Concerning the Delaware Department of Transportation

Date Posted: Monday, November 28th, 2022

Petitioner alleged that the Delaware Department of Transportation (“DelDOT”) imposed unreasonable and unnecessary administrative charges for access to public documents.

DECIDED: DelDOT did not violate FOIA as alleged, because DelDOT met its burden of proof to support its estimated costs to compile the records requested.

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22-IB44 11/28/2022 FOIA Opinion Letter to Henry Clampitt re: FOIA Complaint Concerning the Red Clay Consolidated School District Board of Education

Date Posted: Monday, November 28th, 2022

Petitioner alleged that the Board of Education of the Red Clay Consolidated School District violated FOIA by allowing a member of the Board, who was elected but unsworn at the time, to observe two executive sessions.

DECIDED: The Board did not violate FOIA by permitting this Board member to observe two executive sessions.

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22-IB43 11/18/2022 FOIA Opinion Letter to Richard Gabler Funke re: FOIA Complaint Concerning the City of Wilmington

Date Posted: Friday, November 18th, 2022

Petitioner alleged that the City of Wilmington improperly denied his client’s request for body camera footage and city surveillance footage related to a motor vehicle accident in the City.

DECIDED: The City appropriately withheld the requested body camera footage, as it is exempt pursuant to the investigatory files exemption. However, it was determined that the City failed to meet its burden of proof to justify its denial of access to the city surveillance footage.

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22-IB42 11/16/2022 FOIA Opinion Letter to Thomas Pledgie re: FOIA Complaint Concerning the State Employee Benefits Committee of the Delaware Department of Human Resources

Date Posted: Wednesday, November 16th, 2022

Petitioner alleged that the State Employee Benefits Committee of the Delaware Department of Human Resources improperly denied his FOIA request.

DECIDED: The Committee violated FOIA by denying access to the September 19, 2022 public meeting recording.

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22-IB41 11/14/2022 FOIA Opinion Letter to Andrew West and Randall Chase re: FOIA Complaints Concerning the Dover City Council

Date Posted: Monday, November 14th, 2022

Petitioners alleged that the Dover City Council violated FOIA by voting to discuss a certain item involving special event overtime, vacation and city vehicle usage in a future executive session and the Council did not provide enough information about the item in its meeting packet or by outlining the item during or before the meeting.

DECIDED: The Council may commit a violation of FOIA by discussing all matters contained in this item in executive session, but it was determined that there is no evidence that this alleged violation has occurred to date. In addition, the Council did not violate FOIA by failing to provide information about this item in its meeting packet or a detailed outline about this item before or during the meeting.

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22-IB40 10/19/2022 FOIA Opinion Letter to Scott Becker re: FOIA Complaint Concerning the Delaware Department of Safety and Homeland Security

Date Posted: Wednesday, October 19th, 2022

Petitioner alleged that the Department of Safety and Homeland Security (“DSHS”) failed to respond to a FOIA request.

DECIDED: The DSHS violated FOIA by not responding to a request in accordance with the FOIA statute.

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22-IB39 10/17/2022 FOIA Opinion Letter to Hannah Edelman re: FOIA Complaint Concerning the Delaware Department of Correction

Date Posted: Monday, October 17th, 2022

Petitioner alleged that the response of the Department of Correction (“DOC”) was improper for failing to provide the information in the requested format.

DECIDED: The DOC violated FOIA, as the DOC failed to meet its burden of justifying the denial of access to the requested record.

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22-IB38 10/17/2022 FOIA Opinion Letter to Karl Baker re: FOIA Complaint Concerning the Delaware Department of Insurance

Date Posted: Monday, October 17th, 2022

Petitioner alleged that the Department of Insurance employed a bad-faith delaying tactic to respond to the FOIA request with subsequent time reassessments of thirty business days.

DECIDED: The Department demonstrated that its need for additional time to respond to your request was appropriate under the statute and that no violation of FOIA occurred with respect to the Department’s estimations of when a response would be complete.

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