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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




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.

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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.

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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 […]

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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 […]

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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 […]

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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 […]

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Biden Files Suit on Behalf of Citizen in FOIA Dispute

Date Posted: Wednesday, August 3rd, 2011

Test of FOIA excerpt

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Coin Salesman Receives Three-Year Sentence for Defrauding Quadriplegic Out of $200,000

Date Posted: Tuesday, August 2nd, 2011

Wilmington – Attorney General Beau Biden announced today that Marcus Meehan, age 40, of Buna, Texas, was sentenced on Friday, July 29 to three years in prison and was ordered to repay $200,000 restitution in a scam involving the sale of rare coins. Meehan was alleged to have sold the coins to a Delaware investor […]

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Attorney General’s Office Holds Police Training to Fight Child Predators

Date Posted: Monday, August 1st, 2011

Child Predator Task Force holds first statewide course for law enforcement Dover – At the start of a two-day training course designed to enhance Delaware police agencies’ ability to combat technology-assisted crimes against children, Attorney General Beau Biden encouraged the law enforcement officers in attendance to build on the successes of the Delaware Child Predator […]

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11-IB09 08/01/11 FOIA Opinion Letter to Mr. Malcolm re: FOIA Complaint Concerning Delaware State University

Date Posted: Monday, August 1st, 2011

Petitioner complained that Delaware State University (DSU) had provided an estimate of $5,500 of the charges to provide the requested public records. DSU violated FOIA by advising requester of fee when DSU did not have a fee policy in place, and as a result, could only charge the actual cost of reproducing the records in question.

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