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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




25-IB48 10/03/25 FOIA Opinion Letter to Kelli Nuwer re: Town of Greenwood

Date Posted: Friday, October 3rd, 2025

Petitioner alleged that Town of Greenwood violated FOIA by failing to have its current FOIA coordinator on its website and by holding an executive session for an improper purpose.

DECIDED: The Town did not violate FOIA by failing to have its new FOIA coordinator on its website at the time of the Petition. The remaining claim regarding the propriety of the executive session discussions is not appropriate for consideration.

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25-IB47 9/29/25 FOIA Opinion Letter to Michael Ryan re: Delaware State Police, Department of Safety and Homeland Security

Date Posted: Monday, September 29th, 2025

Petitioner alleged that the Delaware State Police, Department of Safety and Homeland Security refused to provide a copy of the police report documenting the petitioner’s verbal complaint.

DECIDED: As this report is exempt as an investigatory file record under Section 10002(o)(3), no violation of FOIA was found.

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25-IB46 9/29/25 FOIA Opinion Letter to Julie Morris re: City of Milford

Date Posted: Monday, September 29th, 2025

Petitioner alleged that the City violated FOIA by improperly shifting responsibility to the petitioner by recommending a change to email providers when the petitioner did not receive confirmations of requests. The petition alleges that request 2025-38 was declared closed without a complete response, as the City sent partial vendor totals without providing the full, underlying financial disclosure records requested and that the cost estimate of $9,592.00 for request 2025-60 was excessive and unreasonable.

DECIDED: The City violated FOIA by failing to demonstrate its cost estimate was compliant with FOIA’s fee provisions. However, no violation with respect to the remaining claims was found.

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25-IB45 9/09/25 FOIA Opinion Letter to Irina Genseruk re: New Castle County

Date Posted: Tuesday, September 9th, 2025

Petitioner alleged New Castle County violated FOIA in the following ways: (1) the County’s response did not cite specific statutory exemptions for the denial of documents; (2) the response did not provide a log or index of withheld records, (3) the response was formulaic and non-individualized; (4) the response referenced only publicly available websites and avoidi questions related to decision-making and enforcement actions; (5) no clarification was provided regarding the grandfathered use status of the parcel; and (6) the County’s initial denial of your request based on your citizenship violated FOIA. The petition also made non-FOIA claims related to misconduct and other issues.

DECIDED: As the County’s response did not violate FOIA as alleged above and FOIA does not require a public body to provide an index of withheld records or to answer questions, no violation of FOIA was found. The remaining claims were not appropriate for consideration.

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25-IB44 9/03/25 FOIA Opinion Letter to Phillip Hudson re: Christina School District

Date Posted: Wednesday, September 3rd, 2025

Petitioner alleged that the Christina School District violated FOIA’s public records provisions by: (1) requiring in-person verification of the petitioner’s identity with two forms of identification in order to receive the responsive personnel records; (2) refusing to transmit responsive records by email or mail; and (3) missing the extended response deadline for the request.

DECIDED: The District did not sufficiently support that two items in the request were exempt and not required to be made available through its FOIA request process. A supplemental response specific to those two items was recommended. The remaining claims were determined to be inappropriate for consideration.

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25-IB43 8/27/25 FOIA Opinion Letter to Ben Mace re: City of Dover

Date Posted: Wednesday, August 27th, 2025

Petitioner alleged that the City of Dover violated FOIA, because the City required payment of $8.68 for a first request, but after payment was made, the City advised that the petitioner would not receive some of the information requested. The petition also alleged that the City’s $511.57 charge to retrieve the records responsive to a second request is excessive.

DECIDED: The City violated FOIA by failing to demonstrate it appropriately responded to the first request and by failing to demonstrate its cost estimate for the second request was compliant with FOIA.

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25-IB41 8/07/25 FOIA Opinion Letter to James Lisehora re: City of Rehoboth Beach

Date Posted: Thursday, August 7th, 2025

Petitioner alleged that the City of Rehoboth Beach violated FOIA by failing to provide minutes from a June 2023 meeting in response to a FOIA request and to post the minutes online and by failing to respond to a request for an updated zoning map.

DECIDED: The City violated FOIA by failing to maintain the minutes for the June 2023 meeting and make them available to the petitioner. No further violations were found with respect to the remaining claims.

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25-IB40 8/05/25 FOIA Opinion Letter to Georgette Ondobo re: Delaware Department of Transportation

Date Posted: Tuesday, August 5th, 2025

Petitioner alleged that the Delaware Department of Transportation (“DelDOT”) violated FOIA by denying access to certain toll records.

DECIDED: As the records are statutorily exempt from disclosure, DelDOT did not violate FOIA in denying access to these records.

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25-IB39 8/01/25 FOIA Opinion Letter to Kane Dennison-Gomez re: Christina School District

Date Posted: Friday, August 1st, 2025

Petitioner alleged the Policy Review Committee of the Christina School District Board of Education violated FOIA by failing to include a proposed policy about qualifications for the Board presidency on its agenda, which was discussed at the July 1, 2025 Committee meeting.

DECIDED: The Committee violated FOIA by discussing this proposed policy at this meeting without adequate public notice on its agenda.

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25-IB38 7/31/25 FOIA Opinion Letter to Stephanie Stranick re: Delaware State Police, Department of Safety and Homeland Security

Date Posted: Thursday, July 31st, 2025

Petitioner alleged that the Delaware State Police, Department of Safety and Homeland Security (“DSP”) violated FOIA by denying a request for police reports, service call summaries, and related records for a certain residential property and community.

DECIDED: As the records were exempt under the investigatory files exemption, the DSP did not violate FOIA by denying access to these records.

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