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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




20-IB17 4/8/2020 FOIA Opinion Letter to Mr. Jeffrey Clouser re: FOIA Complaint Concerning the Delaware State Police

Date Posted: Wednesday, April 8th, 2020

Petitioner alleged that DSP failed to timely respond to its request for records.
DECIDED: As DSP since provided a response, petitioner’s claim is now moot. DSP is cautioned to provide timely communications in the future.

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20-IB16 4/8/2020 FOIA Opinion Letter to Mr. Esteban Parra re: FOIA Complaint Concerning the Delaware State Police

Date Posted: Wednesday, April 8th, 2020

PRINT VERSION: Attorney General Opinion No. 20-IB16 OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 20-IB16 April 8, 2020   VIA EMAIL Esteban Parra The News Journal EPARRA@wilmingt.gannett.com   RE:     FOIA Petition Regarding the Delaware State Police   Dear Mr. Parra: We write in response to your correspondence […]

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20-IB15 4/8/2020 FOIA Opinion Letter to Ms. Julie Nay re: FOIA Complaint Concerning New Castle County

Date Posted: Wednesday, April 8th, 2020

Petitioner alleged that New Castle County failed to timely respond to her FOIA request.

DECIDED: No FOIA violation, as New Castle County attempted to respond to the request by producing the requested records but made an inadvertent mistake in the petitioner’s email address. When notified, New Castle County rectified this inadvertent error and provided petitioner with the requested documents.

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20-IB14 4/6/2020 FOIA Opinion Letter to Mr. Scott Becker re: FOIA Complaint Concerning the Delaware State Police

Date Posted: Monday, April 6th, 2020

Petitioner alleges that as a Delaware statute requires a certain firearms report be provided to the General Assembly, the State Bureau of Identification of the Delaware State Police (“DSP”) improperly denied his request for this report.

DECIDED: As DSP’s counsel represented this report does not exist and DSP’s compliance with any statute other than the FOIA statute is outside this Office’s authority, it was determined that DSP did not violate FOIA.

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20-IB13 3/30/2020 FOIA Opinion Letter to Ms. Julie Nay re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Date Posted: Monday, March 30th, 2020

Petitioner alleged DNREC improperly denied her request for a site safety report, but DNREC’s legal counsel responded the report did not yet exist.

DECIDED: No FOIA violation was found. FOIA does not require a public body to produce a record that does not exist.

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20-IB12 3/17/2020 FOIA Opinion Letter to Mr. Scott Becker re: FOIA Complaint Concerning the Delaware Criminal Justice Information System

Date Posted: Tuesday, March 17th, 2020

Petitioner alleged that DELJIS improperly denied his request for statistical information from the Criminal Justice Information System databases because DELJIS failed to contact other state agencies to retrieve records responsive to his request and DELJIS improperly asserted exemptions for investigatory and criminal history information.

DECIDED: No FOIA violation was found. FOIA does not require DELJIS to contact other state agencies to collect records for this request. In addition, FOIA does not require a public body to create a new record, and fulfilling this request would require DELJIS to create a new record.

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20-IB11 3/13/2020 FOIA Opinion Letter to Mr. Gary Myers re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Date Posted: Friday, March 13th, 2020

Petitioner alleged that DNREC improperly asserted the exemptions for pending or potential litigation and for attorney-client privilege and attorney work product doctrine in denying his request for records pertaining to an ongoing dispute over the Renewable Energy Portfolio Standards Act (“REPSA”) regulations.

DECIDED: No FOIA violation was found, as the pending litigation exemption applies.

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20-IB10 3/12/2020 FOIA Opinion Letter to Mr. John Young re: FOIA Complaint Concerning Christina School District

Date Posted: Thursday, March 12th, 2020

Petitioner alleged that the Board did not provide adequate notice to the public that a censure resolution of a school board member would be discussed and voted on at the February 11, 2020 meeting. Specifically, he alleged that the Board added the item without adequate public notice, violated emergency meeting requirements, did not place the agenda item in the appropriate section of the agenda, and did not include the language of the resolution.

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20-IB09 2/27/2020 FOIA Opinion Letter to Mr. James Owen re: FOIA Complaint Concerning New Castle County

Date Posted: Thursday, February 27th, 2020

The Petitioner alleged that New Castle County violated FOIA by failing to complete a review of its records as it committed to do and by improperly denying access to records under the pending or potential litigation exemption.

DECIDED: The County violated FOIA by failing to timely give a reason for its delay and a good faith estimate of time needed to respond to the request. However, as it was determined that the request was ultimately properly denied under the potential litigation exemption, no remediation was recommended.

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20-IB08 2/25/2020 FOIA Opinion Letter to Mr. Randall Chase re: FOIA Complaint Concerning the Delaware River and Bay Authority

Date Posted: Tuesday, February 25th, 2020

Petitioner alleged that the Delaware River and Bay Authority violated FOIA’s open meeting requirements by holding an improper executive session.

DECIDED: Delaware River and Bay Authority is not subject to Delaware’s FOIA law, and therefore, the petition is dismissed.

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