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Attorney General Matt Denn


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  Archived Posts From: 2003

10001-declarations

03-IB03: F.O.I.A. Complaint Against Town of Fenwick Island

Written on: January 21st, 2003 in 10001 Declaration of Policy

The Complainant alleged that the Town of Fenwick Island (“the Town”) violated the open meeting requirements of FOIA by not allowing him to speak at a meeting of the Town Council on November 15, 2002. Held: the Town violated the open meeting requirements of FOIA at the November 15, 2002 Council meeting by: (1) restricting public comment to Town property owners, and then allowing some non-property owners but not you to comment on the proposal to hire Glenn Hudson as the officer-in-charge of the Town police department; and (2) by failing to prepare minutes of that meeting reflecting the vote, by individual members of the Council, to hire Mr. Hudson.


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10002l6-ercommomlaw

03-IB02 RE: Freedom of Information Act Complaint Against New Castle County

Written on: January 17th, 2003 in 10002(l) (6) Exemptions - Records Exempted Per Statute or Common Law

The Complainant alleged that New Castle County (“the County”) violated FOIA by denying access to “subpoenas issued to either New Castle County government or individual county employees by the U. S. Attorney’s Office since September 1, 2002.” Held: Rule 6(e) of the Federal Rules of Criminal Procedure is a statute which specifically exempts the disclosure of grand jury subpoenas under FOIA.


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10002l-epersonnel

03-IB01 Re: Freedom of Information Act Complaint Against New Castle County

Written on: January 10th, 2003 in 10002(l) (1) Exemptions - Personnel

The Complainant alleged that New Castle County (“the County”) violated FOIA by not providing her with the “names, addresses, or telephone numbers for the President or other contact persons” for maintenance corporations registered with the County on the ground of personal privacy. Held: the names of the presidents and the contact address for each corporation are public information under FOIA. However the County did not violate the open records requirements of FOIA by denying access to the home and work telephone numbers of such presidents.


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