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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




25-IB64 12/16/2025 FOIA Opinion Letter to Michael Platt re: City of New Castle

Date Posted: Tuesday, December 16th, 2025

Petitioner alleged that the City violated FOIA by holding a Council meeting on November 9, 2025 about public business without complying with FOIA’s open meeting requirements. In addition, the petitioner alleged that a councilmember improperly used private email for public business; the Council made a decision about public business at this meeting; and statements made on the official Mayor social media account did not reflect the public nature of the meeting.

DECIDED: The City did not violate FOIA by holding the November 9, 2025 meeting without complying with FOIA’s open meeting requirements. The remaining claims are outside the scope of this Office’s authority to decide through this petition process.

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25-IB63 12/16/2025 FOIA Opinion Letter to John Reiss re: Town of Blades

Date Posted: Tuesday, December 16th, 2025

Petitioner alleged that the Town of Blades violated FOIA by failing to give proper notice to the public that a first reading of an ordinance about real estate property taxes was planned for the November 10, 2025 Town Council meeting.

DECIDED: The Town did not violate FOIA by failing to convey in its agenda that a “first reading” of this ordinance was planned for this meeting

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25-IB62 12/15/2025 FOIA Opinion Letter to John Reiss re: Town of Blades

Date Posted: Monday, December 15th, 2025

Petitioner alleged that the Town of Blades violated FOIA by failing to respond to a request for emails.

DECIDED: As the Town did not meet its burden of demonstrating compliance, the Town was found in violation for failing to respond to the request.

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25-IB61 12/10/2025 FOIA Opinion Letter to Lachhman Dass Gupta re: Delaware Department of Transportation

Date Posted: Wednesday, December 10th, 2025

Petitioner alleged that the Delaware Department of Transportation (“DelDOT”) violated FOIA by denying access to certain records related to a property acquisition.

DECIDED: As these records were exempt pursuant to the potential litigation exemption, no violation of FOIA was found.

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25-IB60 12/08/2025 FOIA Opinion Letter to John Reiss re: Town of Blades

Date Posted: Monday, December 8th, 2025

Petitioner alleged that the Town of Blades violated FOIA by failing to give proper notice to the public that a first reading of a resolution to raise taxes was planned for the October 27, 2025 Town Council meeting.

DECIDED: The Town did not violate FOIA by failing to convey in its agenda that a “first reading” of this resolution was planned for this meeting.

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25-IB59 12/04/2025 FOIA Opinion Letter to Maggie Reynolds re: City of Dover

Date Posted: Thursday, December 4th, 2025

Petitioner alleged that the City of Dover improperly denied access to the requested communications pursuant to the potential litigation exemption.

DECIDED: As the City did not meet its burden of demonstrating the requested records were exempt under FOIA, it was determined that the City violated FOIA in denying access to the requested records.

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25-IB58 12/02/2025 FOIA Opinion Letter to Karen Miller re: Town of Greenwood

Date Posted: Tuesday, December 2nd, 2025

Petitioner made multiple allegations regarding FOIA requests submitted to the Town of Greenwood.

DECIDED: As FOIA only guarantees access to public records to citizens of the State, the Town did not violate FOIA in responding to these requests.

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25-IB57 12/01/2025 FOIA Opinion Letter to Sherry Pearson re: Town of Greenwood

Date Posted: Monday, December 1st, 2025

Petitioner alleged that the Town of Greenwood violated FOIA by : (1) failing to timely respond to several FOIA requests; (2) providing inaccurate responses and noting some were incomplete; (3) failing to redact the personal information of the requesting parties from the Town’s FOIA log when it produced the log to a separate requesting party; and (4) failing to properly train its FOIA coordinator.

DECIDED: The Town violated FOIA by failing to meet its burden regarding the completeness of its responses to two requests. The remainder of the claims do not constitute violations of FOIA.

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25-IB56 11/10/2025 FOIA Opinion Letter to Kane Dennison-Gomez re: Christina School District

Date Posted: Monday, November 10th, 2025

Petitioner alleged that the Christina School District Board of Education violated FOIA by conducting multiple, closed strategy sessions where public business was discussed without following FOIA’s open meeting requirements.

DECIDED: The Board did not violate FOIA’s open meeting requirements by meeting privately or through a constructive quorum on the occasions alleged in the Petition.

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25-IB55 10/31/2025 FOIA Opinion Letter to James C. Skroupa re: Delaware Office of Management and Budget

Date Posted: Friday, October 31st, 2025

Petitioner alleged that the Delaware Office of Management and Budget improperly denied the FOIA request due to lack of state citizenship, because a state citizenship requirement is unconstitutional.

DECIDED: No violation of FOIA was found.

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