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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




22-IB26 08/12/2022 FOIA Opinion Letter to Erin Markham re: FOIA Complaint Concerning the City of Wilmington

Date Posted: Friday, August 12th, 2022

Petitioner alleged that the spreadsheet produced in response to her FOIA request was incomplete and she could not reasonably be expected to interpret the data.

DECIDED: No FOIA violation occurred. FOIA does not require a public body to create a new record or to interpret any provided data in response to a request.

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22-IB25 07/20/2022 FOIA Opinion Letter to Janice Lorrah re: FOIA Complaint Concerning the Senate Elections & Government Affairs Committee

Date Posted: Wednesday, July 20th, 2022

Petitioner alleged that the Senate Elections and Government Affairs Committee violated FOIA by holding a virtual meeting without an anchor location, voting outside the meeting, and removing her from the latter portion of this virtual meeting.

DECIDED: The majority of the Petition’s allegations are not appropriate for resolution. However, the Committee did not violate FOIA by holding a virtual meeting without an anchor location.

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22-IB24 07/11/2022 FOIA Opinion Letter to Jared T. Green re: FOIA Complaint Concerning the Delaware Department of Transportation

Date Posted: Monday, July 11th, 2022

Petitioner alleged that DelDOT improperly denied his request under the pending or potential litigation exemption.

DECIDED: No FOIA violation occurred as alleged.

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22-IB23 07/07/2022 FOIA Opinion Letter to John Reiss re: FOIA Complaint Concerning the Town of Blades

Date Posted: Thursday, July 7th, 2022

Petitioner alleged that the Town of Blades violated FOIA by improperly charging fees related to his request and by failing to timely post a meeting notice and agenda on its website.

DECIDED: The Town violated FOIA with respect to its charges for the request, but the Town did not violate FOIA by posting its Town Council meeting notice and agenda on its website three days before the meeting.

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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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