Delaware.gov logo

Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




Attorney General’s Office Helps Landlords Combat Neighborhood Crime

Date Posted: Thursday, August 18th, 2011

Second training for property owners to be held Saturday, August 20th Wilmington – For the second time this year, the Department of Justice will hold a day-long training course for property owners to give them the information they need to combat criminal activity on their properties and avoid legal sanctions under the state’s Drug Nuisance […]

Read More


DSP Trooper Pleads Guilty to Harassment

Date Posted: Thursday, August 18th, 2011

DSP Trooper Pleads Guilty to Harassment Georgetown – Ryan J. Mitchell, age 36 of Frankford, pled guilty yesterday to one count each of Harassment and Misuse of a Computer in connection with unwanted and unsolicited contact with a Sussex County woman. He was sentenced immediately by Superior Court Judge Richard F. Stokes to two years […]

Read More


11-IB12:RE: Freedom of Information Act Complaint Against Town of Woodbridge School Board

Date Posted: Thursday, August 18th, 2011

Petitioner alleged that members of the Woodbridge School Board violated FOIA when three Board members attended a “Meet the Candidates” night and later when three Board members attended a Bond Committee hearing in Dover. Petitioner further alleged a FOIA violation when the Board voted on hiring a new superintendant on June 14, when the agenda did not include this action on the posted agenda. Held that the Board did not violate FOIA when three members attended other events because they did not discuss public business and did not meet “for the purpose” of discussing public business of the Board. The June 14 vote was a technical violation, but took place simply because the May meeting, for which the vote was on the agenda, ran late and all members of the public left before the vote occurred. Because the June vote was intended to ratify a prior, properly-noticed vote, no remediation was required.

Read More


11-IB11: RE: Freedom of Information Act Complaint Against Town of Dewey Beach

Date Posted: Wednesday, August 17th, 2011

Requester alleged that the Town of Dewey Beach had committed approximately 35 violations of FOIA. As to the allegations, held that the Town did not violate FOIA because (a) FOIA requires only that agenda include a general statement of major issues expected to be discussed, so agenda items were sufficient; (b) Town may remove an agenda item without any stated reason; (c) minutes are complete if they include the names of those present and a record of votes taken and action agreed upon, and the Town’s minutes met these requirements; (d) a meeting of a sub-quorum with townspeople was not subject to FOIA; and (e) a special meeting was properly noticed because no explanation was required. The Town committed a technical violation of FOIA because its minutes were not all timely prepared by the next meeting. However, there was no intentional failure to prepare the minutes, and the minutes had been provided, so no remediation was necessary.

Read More


11-IB10 08/15/11 FOIA Opinion Letter to Ms. Shirey re: FOIA Complaint Against Larel School Board

Date Posted: Monday, August 15th, 2011

Laurel School District posted an agenda for an executive session for “discussion of collective bargaining and/or pending or potential litigation and/or Personnel.” They discussed (a) cost of extra pay period in year; (b) qualifications of applicant for Construction Liaison; (c) financial reasons for Construction Liaison versus Building and Grounds Supervisor; (d) personnel recommendation for a vacant position; (e) update on a lawsuit; and (f) need for confidentiality of matters discussed in executive session. Held that public discussion and vote for hiring of construction liaison made mislabeling of agenda as “personnel” instead of “hiring” matter harmless error. However, the District violated FOIA as to (a), (c), (e), and (f) and must remedy such violations by including such items on an agenda for the next public meeting and providing DOJ with a copy once posted.

Read More


Attorney General’s Power to Clean Up Communities Strengthened Under New Law

Date Posted: Friday, August 12th, 2011

Measure expands Nuisance Abatement Program that focuses on crime-infested properties Dover – A bill that enhances the Department of Justice’s ability to target crime-ridden properties through its Nuisance Abatement Program has been signed into law by Governor Jack Markell. “We will be able to shut down and clean up more properties that are havens for […]

Read More


Biden Objects to Proposed Mortgage Securities Settlement

Date Posted: Tuesday, August 9th, 2011

Del. Attorney General seeks more information over concerns about potential violations of Delaware law and inadequate response to investors Wilmington – Delaware Attorney General Beau Biden announced today that his office is objecting to the proposed settlement between Bank of America and Bank of New York Mellon and has petitioned the New York Supreme Court […]

Read More


Priest Indicted on Theft Charges

Date Posted: Wednesday, August 3rd, 2011

Wilmington – Following a 5- month investigation by the Attorney General’s Senior Protection Initiative, the New Castle County Grand Jury has indicted Father Michael Angeloni with one count of Theft over $100,000 for stealing from a parishioner of the Church of the Holy Child, where he previously served as Assistant Pastor. “Crimes in which a […]

Read More


Legislation to Make Delaware’s Roads Safer Becomes Law

Date Posted: Wednesday, August 3rd, 2011

New laws toughen penalties on repeat DUI offenders and criminally negligent drivers Newport – Attorney General Beau Biden joined Governor Jack Markell today as the Governor signed into law two pieces of legislation drafted by the Attorney General’s Office that will take dangerous drivers off the roads. HB 168 enhances prison sentences for those who […]

Read More


Biden Files Suit on Behalf of Citizen in FOIA Dispute

Date Posted: Wednesday, August 3rd, 2011

Test of FOIA excerpt

Read More





+