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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




25-IB43 8/27/25 FOIA Opinion Letter to Ben Mace re: City of Dover

Date Posted: Wednesday, August 27th, 2025

Petitioner alleged that the City of Dover violated FOIA, because the City required payment of $8.68 for a first request, but after payment was made, the City advised that the petitioner would not receive some of the information requested. The petition also alleged that the City’s $511.57 charge to retrieve the records responsive to a second request is excessive.

DECIDED: The City violated FOIA by failing to demonstrate it appropriately responded to the first request and by failing to demonstrate its cost estimate for the second request was compliant with FOIA.

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25-IB41 8/07/25 FOIA Opinion Letter to James Lisehora re: City of Rehoboth Beach

Date Posted: Thursday, August 7th, 2025

Petitioner alleged that the City of Rehoboth Beach violated FOIA by failing to provide minutes from a June 2023 meeting in response to a FOIA request and to post the minutes online and by failing to respond to a request for an updated zoning map.

DECIDED: The City violated FOIA by failing to maintain the minutes for the June 2023 meeting and make them available to the petitioner. No further violations were found with respect to the remaining claims.

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25-IB40 8/05/25 FOIA Opinion Letter to Georgette Ondobo re: Delaware Department of Transportation

Date Posted: Tuesday, August 5th, 2025

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

DECIDED: As the records are statutorily exempt from disclosure, DelDOT did not violate FOIA in denying access to these records.

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25-IB39 8/01/25 FOIA Opinion Letter to Kane Dennison-Gomez re: Christina School District

Date Posted: Friday, August 1st, 2025

Petitioner alleged the Policy Review Committee of the Christina School District Board of Education violated FOIA by failing to include a proposed policy about qualifications for the Board presidency on its agenda, which was discussed at the July 1, 2025 Committee meeting.

DECIDED: The Committee violated FOIA by discussing this proposed policy at this meeting without adequate public notice on its agenda.

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25-IB38 7/31/25 FOIA Opinion Letter to Stephanie Stranick re: Delaware State Police, Department of Safety and Homeland Security

Date Posted: Thursday, July 31st, 2025

Petitioner alleged that the Delaware State Police, Department of Safety and Homeland Security (“DSP”) violated FOIA by denying a request for police reports, service call summaries, and related records for a certain residential property and community.

DECIDED: As the records were exempt under the investigatory files exemption, the DSP did not violate FOIA by denying access to these records.

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25-IB37 7/29/25 FOIA Opinion Letter to Shannon Marvel McNaught re: Indian River School District

Date Posted: Tuesday, July 29th, 2025

Petitioner alleged that the Indian River School District improperly redacted parent names from the settlement agreements it produced in response to the petitioner’s FOIA request.

DECIDED: The District did not violate FOIA by making these redactions.

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25-IB36 7/22/25 FOIA Opinion Letter to Xerxes Wilson re: Office of the Governor

Date Posted: Tuesday, July 22nd, 2025

Petitioner alleged that the Office of the Governor improperly withheld and redacted records in its production of responsive records.

DECIDED: As the Governor’s Office satisfied its burden of justifying its denial of access to the requested records pursuant to the attorney-client privilege, executive privilege, and the exemption for legislative emails in Section 10002(o)(16), no such violation was found.

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25-IB35 7/08/25 FOIA Opinion Letter to Jennifer Pawloski re: Delaware Center for the Inland Bays

Date Posted: Tuesday, July 8th, 2025

Petitioner alleged that the Delaware Center for the Inland Bays violated FOIA by failing to maintain an online portal and designated FOIA Coordinator, deficient meeting agendas, untimely posting of meeting agendas and meeting minutes, failing to allow public comment during open meetings, and delayed or deficient responses to records requests.

DECIDED: DCIB violated FOIA by failing to timely respond to one of Petitioner’s records requests, failing to maintain an online portal and designated FOIA Coordinator, untimely and deficient meeting agendas, and failing to allow public comment during open meetings. DCIB did not violate FOIA when it sought multiple extensions of time to respond to one of Petitioner’s records requests or when it delayed posting certain meeting minutes until approved.

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25-IB34 7/02/25 FOIA Opinion Letter to Douglas Stewart re: Smyrna School District

Date Posted: Wednesday, July 2nd, 2025

Petitioner alleged that the Smyrna School District violated FOIA in responding to two requests and requested that this Office provide oversight of a third request that was recently filed.

DECIDED: The District did not violate FOIA, as alleged, in responding to the first FOIA request. However, the District’s affidavit failed to meet the burden of demonstrating that it conducted a sufficient search for records in response to the second request. This Office lacks the authority to provide oversight of the District’s processing of the third request, and this oversight request was declined.

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25-IB33 6/26/25 FOIA Opinion Letter to ACLU/Jared Silberglied re: Town of Camden

Date Posted: Thursday, June 26th, 2025

Petitioner alleged that the Town of Camden violated FOIA in responding to its records request by improperly redacting its police department’s communications with a federal agency.

DECIDED: The Town violated FOIA by failing to meet its burden to demonstrate that the redacted communications were appropriately withheld.

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