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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




12-IIB04: Freedom of Information Act Regarding the Board of Education

Date Posted: Tuesday, March 27th, 2012

Petitioner alleged that the Caesar Rodney School District violated FOIA by (a) posting only tentative agendas; (b) failing to inform the public that it was planning to increase personnel salaries during the December 2011 meeting; (c) failing to include specific grounds for executive sessions in the agendas; and (d) failing to provide adequate Board minutes. Held that (a) the District violated FOIA by posting tentative agendas, but that the District agreed not to label future agendas as “tentative”; (b) because the salaries in question were set through contracts previously agreed to by the District, notice of such salary increases was not necessary; (c) failing to specify the purpose of executive sessions violated FOIA, but the District agreed to include specific grounds for executive sessions in the future; and (d) the minutes were adequate so the District did not violate FOIA as to the minutes.

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12-IIB05 RE: Freedom of Information Act Against KCSPCA

Date Posted: Tuesday, March 27th, 2012

State Senator received complaints that the Kent County Society for the Prevention of Cruelty to Animals (KCSPCA) denied public access to a Board meeting in February 2012. Held that KCSPCA was a public body because it was incorporated by filing its Certificate with the Secretary of State and it received $3,000 of grant-in-aid funding for the year.
NOTE: This opinion was supplemented by 12-IIB08.

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Delaware’s Motion to Intervene in DuPont Trust Case Granted by Florida Court

Date Posted: Monday, March 12th, 2012

Wilmington – Delaware Attorney General Beau Biden announced that a Florida court on Friday granted his office’s motion to intervene in a case involving the Alfred I. duPont Testamentary Trust, which funds The Nemours Foundation. Biden asked the Duval County Circuit Court last month to allow Delaware to intervene in the court’s review of a […]

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Biden Urges Delawareans to Participate in Federal Foreclosure Review

Date Posted: Tuesday, February 28th, 2012

Wilmington – Delaware Attorney General Beau Biden encouraged Delawareans whose mortgage loans were active in the foreclosure process in 2009 and 2010 to take advantage of an opportunity to have their cases independently reviewed. There were more than 12,000 foreclosures in the state during that two-year period. “Our housing market only works when everyone plays […]

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Biden Announces Video Contest For High School Students

Date Posted: Monday, February 27th, 2012

Annual competition engages young people in tackling senior abuse by raising awareness, encouraging reporting Wilmington – Attorney General Beau Biden today announced that his office has launched its second annual senior abuse video competition. The contest, sponsored by the Attorney General’s Senior Protection Initiative, is designed to engage young people in raising awareness of senior […]

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12-IIB03 02/23/2012 AG Opinion Letter to Norman E. Wood re: Sheriff Arrest Power

Date Posted: Thursday, February 23rd, 2012

PRINT VERSION: Attorney General Opinion No. 12-IIB03

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Greenwood Man Charged with Defrauding Infirm Senior Out of Over $50,000

Date Posted: Thursday, February 16th, 2012

Georgetown – A 42-year-old Greenwood man has been arrested and charged with financial exploitation of an infirm adult after investigators discovered he had fraudulently pocketed over $50,000 from his 84-year-old victim, Attorney General Beau Biden announced today. “Financial exploitation isn’t just a monetary crime, it’s also a devastating abuse of a vulnerable person’s trust and […]

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12-IB02 01/17/2012 AG Opinion Letter to Mr. Anas Ben Addi re: Public Housing Authorities in Delaware

Date Posted: Tuesday, January 17th, 2012

PRINT VERSION: Attorney General Opinion No. 12-IB02

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12-IIB01: Freedom of Information Act Regarding the Board of Education

Date Posted: Friday, January 6th, 2012

Petitioner alleged that the Capital School District violated FOIA by (1) failing to identify in the August 2011 agenda the subject matter of a proposed executive session, (2) failing to open its public meeting in the auditorium before going into executive session in the library, (3) failing to give proper notice of the addition of administrator salaries to the agenda for the August 2011 meeting, and (4) failure of the August 2011 minutes to include the discussion of and vote on raising the administrators’ salaries. Held that the District violated FOIA by (1) not including the subject matter of the proposed executive sessions, (2) failing to properly give notice of the location of its September 2011 meeting, and (3) voting on the salary increase for District administrators without having given proper notice of intent on the August 2011 agenda. Held that the District did not violate FOIA as to the minutes of the August 24 meeting, because such minutes properly disclosed the attendees and the vote of each for each vote taken and action agreed upon. Notwithstanding the foregoing, no remedy sought for past meetings, but District required to properly notice all future meetings.

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11-IB16 12/05/11 FOIA Opinion Letter to the Honorable McMahon re: FOIA Complaint Concerning the Department of Labor

Date Posted: Monday, December 5th, 2011

Inmate of Department of Corrections sought records from the Department of Corrections. Held that public records do not include records of the Department of Corrections when sought by an inmate in the Department’s custody, so the records sought are not public records subject to disclosure.

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