Delaware.gov logo

Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




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.

Read More


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.

Read More


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.

Read More


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.

Read More


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.

Read More


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.

Read More


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.

Read More


25-IB54 10/28/2025 FOIA Opinion Letter to Donald Burdick re: Delaware Department of Natural Resources and Environmental Control

Date Posted: Tuesday, October 28th, 2025

Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”) improperly responded to the FOIA request, because Section 10002(o)(16) only shields emails sent by members of the General Assembly, not emails sent to members, and the request merely sought emails that were sent to the General Assembly from DNREC.

DECIDED: As any emails received by the General Assembly members or their staff are exempt, no violation was found in this regard.

Read More


25-IB53 10/20/2025 FOIA Opinion Letter to Warren Rosenkranz re: Village of Arden

Date Posted: Monday, October 20th, 2025

Petitioner alleged that the Village of Arden violated FOIA by failing to post a proper meeting notice for the September 22, 2025 meeting with the time and location. The petitioner also alleged that the mailed notice was improper.

DECIDED: The Village violated FOIA by failing to post a sufficient notice for the meeting initially scheduled for September 22, 2025, but rescheduled for September 29, 2025. The second claim was not an allegation of a FOIA violation and was outside the scope of the determination.

Read More


25-IB52 10/20/25 FOIA Opinion Letter to Renee Edge re: Delaware State Police, Department of Safety and Homeland Security

Date Posted: Monday, October 20th, 2025

Petitioner alleged that the Delaware State Police, Department of Safety and Homeland Security’s (“DSP”) denial of your request was overly broad.

DECIDED: As the requested logs and call summaries were part of the investigatory files, DSP did not violate FOIA by denying access to these records.

Read More





+