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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




24-IB20 05/22/2024 FOIA Opinion Letter to Joshua Morgan, Sr. re: FOIA Complaint Concerning the Division of Delaware State Police, Department of Safety and Homeland Security

Date Posted: Wednesday, May 22nd, 2024

Petitioner alleged that the Division of the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied information about his case.

DECIDED: As the DSP appropriately denied the request under the investigatory files exemption, no FOIA violation occurred.

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24-IB19 05/22/2024 FOIA Opinion Letter to Richard Abbott re: FOIA Complaint Concerning the Delaware Department of Transportation

Date Posted: Wednesday, May 22nd, 2024

Petitioner alleged that Delaware Department of Transportation violated FOIA by failing to reduce its cost estimate.

DECIDED: As the cost estimate met FOIA’s requirements, no violation was found.

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24-IB18 05/07/2024 FOIA Opinion Letter to Shannon Marvel McNaught re: FOIA Complaint Concerning Sussex County

Date Posted: Tuesday, May 7th, 2024

Petitioner alleged that Sussex County improperly denied access to records related to a notice of violation pursuant to the investigatory files exemption.

DECIDED: As the County provided an affidavit supporting that this exemption was appropriate, no violation of FOIA was found.

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24-IB17 05/01/2024 FOIA Opinion Letter to Warren Rosenkranz re: FOIA Complaint Concerning the Village of Arden

Date Posted: Wednesday, May 1st, 2024

Petitioner alleged that the Village of Arden failed to respond to a resubmitted request, improperly engaged a law firm, and and improperly denied records that should have been made available to the petitioner as a member of the Village’s Town Assembly.

DECIDED: The Petition’s claims are not appropriate for this Office’s determination.

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24-IB16 04/29/2024 FOIA Opinion Letter to Brian Geller re: FOIA Complaint Concerning the Town of Leipsic

Date Posted: Monday, April 29th, 2024

Petitioner alleged that the Town Council of Leipsic held an executive session on March 26, 2024 in violation of FOIA.

DECIDED: The Town violated FOIA by failing to meet its burden to demonstrate that the Town Council held an executive session for an appropriate purpose under FOIA and by failing to conduct a public vote to enter executive session at its March 26, 2024 meeting.

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24-IB15 04/22/2024 FOIA Opinion Letter to Carol DiGiovanni re: FOIA Complaint Concerning the Village of Arden

Date Posted: Monday, April 22nd, 2024

Petitioner alleged that the Village failed to post a notice for its March 25, 2024 Town Assembly meeting.

DECIDED: As the Village posted this notice as required by FOIA and promptly reposted it upon learning the notice was missing, no violation of FOIA was found.

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24-IB14 04/15/2024 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Delaware Department of Elections

Date Posted: Monday, April 15th, 2024

Petitioner alleged that the Delaware Department of Elections did not provide all responsive records and withheld records without providing proper justification in its response.

DECIDED: The Department met its burden of proof demonstrating it did not violate FOIA as alleged.

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24-IB13 03/05/2024 FOIA Opinion Letter to Carol DiGiovanni re: FOIA Complaint Concerning the Village of Arden

Date Posted: Thursday, March 7th, 2024

Petitioner alleged that the Village of Arden violated FOIA by failing to timely post the notice and agenda of the February 13, 2024 Advisory Committee meeting.

DECIDED: The Village violated FOIA by failing to post the February 13, 2024 Advisory Committee meeting notice and agenda with an explanation regarding why seven days’ advance notice for this meeting could not be given.

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24-IB12 02/26/2024 FOIA Opinion Letter to Erin Frederick re: FOIA Complaint Concerning the Division of Delaware State Police, Department of Safety and Homeland Security

Date Posted: Monday, February 26th, 2024

Petitioner alleged that the Delaware State Police (“DSP”) improperly denied three requests seeking various records, including policies and procedures, as pending and potential litigation pursuant to 29 Del. C. § 10002(o)(9).

DECIDED: DSP did not violate FOIA by denying access to the requested records.

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24-IB11 02/23/2024 FOIA Opinion Letter to Isabel Hughes re: FOIA Complaint Concerning the Division of Delaware State Police of the Department of Safety and Homeland Security

Date Posted: Friday, February 23rd, 2024

Petitioner alleged that the Division of Delaware State Police of the Department of Safety and Homeland Security (“DSP”) violated FOIA by denying a request for the date and type of calls for service/response to an address.

DECIDED: DSP did not violate FOIA by denying access to the requested records.

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