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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




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Date Posted: Thursday, January 13th, 2005

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05-IB02: RE: Freedom of Information Complaint Against City of Newark

Date Posted: Wednesday, January 12th, 2005

The Complainant alleged the City Council violated FOIA by going into executive session to discuss the performance and salary of the City Secretary, City Solicitor and Deputy City Solicitor. Held: the City did not violate FOIA concerning the performance and salary of the City Secretary who is a public employee subject to the personnel exception. The discussion of the City Solicitor and Deputy Solicitor did violate FOIA because they were independent contractors not public employees.

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05-IB01 – RE: F.O.I.A. Complaint Against Board of Education of the Capital School District

Date Posted: Monday, January 3rd, 2005

The Complainant alleged the School District violated FOIA by limiting speakers at the public minute to 2 minutes and not allowing them to identify any other individual in their remarks. Held: the 2 minute limit did not violate FOIA because public bodies may impose reasonable time, place and manner restrictions on public participation. However, once comment was allowed, the Board violated FOIA by attempting to limit the content of the speech.

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04-IB21 Re: Freedom of Information Act Complaint Against Sussex County Council

Date Posted: Monday, December 20th, 2004

Del. Op. Atty. Gen. 04-IB21 (Del.A.G.), 2004 WL 5249147 Office of the Attorney General State of Delaware Opinion No. 04–IB21 December 20, 2004 Re: Freedom of Information Act Complaint Against Sussex County Council *1 Mr. Daniel J. Kramer 8041 Scotts Store Road Greenwood, DE 19950 Dear Mr. Kramer: On November 4, 2004, our Office received […]

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04-IB20 Re: Freedom of Information Act Complaint Against New Castle County

Date Posted: Tuesday, November 16th, 2004

Del. Op. Atty. Gen. 04-IB20 (Del.A.G.), 2004 WL 2951950 Office of the Attorney General State of Delaware Opinion No. 04-IB20 November 16, 2004 Re: Freedom of Information Act Complaint Against New Castle County *1 Ms. Mary Allen The News Journal 950 W. Basin Road P.O. Box 15505 Wilmington, DE 19850 Dear Ms. Allen: Our Office […]

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04-IB17: Freedom of Information Act Complaint Against New Castle County Council

Date Posted: Monday, October 18th, 2004

October 18, 2004 Civil Division-Kent County (739-7641) Robert I. Hicks, Jr. County Auditor City/County Building 800 N. French Street, 8th Floor Wilmington, DE 19801 Re: Freedom of Information Act Complaint Against New Castle County Council Dear Mr. Hicks: On July 20, 2004, our Office received your complaint under the Freedom of Information Act, 29 Del. […]

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04-IB18: Re: Freedom of Information Act Complaint Against Cape Henlopen School Board

Date Posted: Monday, October 18th, 2004

October 18, 2004 Kent County – Civil Division (739-7641) Mr. Dean Dey 30738 Edgewater Drive Lewes, DE 19958 RE: Freedom of Information Act Complaint Against Cape Henlopen School Board Dear Mr. Dey: On July 23, 2004, we received your letter alleging that the Cape Henlopen School Board (“the School Board”) violated the open meeting requirements […]

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04-IB16 RE: Freedom of Information Act Complaint Against Brandywine School District

Date Posted: Wednesday, October 13th, 2004

October 13, 2004 New Castle County/Civil Division Mr. Jim Parks Editor Delaforum.com 2411 Berwyn Road Wilmington, DE 19810-3524 RE: Freedom of Information Act Complaint Against Brandywine School District Dear Mr. Parks: On or about July 29, 2004, you filed with our office a Freedom of Information Act (AFOIA@) complaint, alleging that the Brandywine School District […]

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04-IB15: Re: Freedom of Information Act Complaint Against Town of Cheswold

Date Posted: Friday, September 10th, 2004

September 10, 2004 Civil Division-Kent County (739-7641) Mr. Richard P. Alexander 207 Cobblecreek Curve Newark, DE 19702 Re: Freedom of Information Act Complaint Against Town of Cheswold Dear Mr. Alexander: Our Office received your Freedom of Information Act (“FOIA”) complaint on August 4, 2004 alleging that the Town of Cheswold (“the Town”) violated FOIA by […]

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04-IB14 Re: Freedom of Information Act Complaint Brandywine School District

Date Posted: Monday, June 28th, 2004

Del. Op. Atty. Gen. 04-IB14 (Del.A.G.), 2004 WL 1547683 Office of the Attorney General State of Delaware Opinion No. 04-IB14 June 28, 2004 Re: Freedom of Information Act Complaint Brandywine School District *1 Mr. John T. Wells 101 Hilltop Road Wilmington, DE 19809 Dear Mr. Wells: I have reviewed the correspondence you forwarded regarding your […]

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