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Attorney General's Opinions


Attorney General Matt Denn


          

  Archived Posts From: 2010

10-IB15 11/17/10 FOIA Opinion Letter to Mr. Levine re: FOIA Complaint Concerning Delaware Interscholastic Athletic Association

Written on: November 17th, 2010 in 10001 Declaration of Policy

Complainant assert that Delaware Interscholastic Athletic Association (“DIAA”) violated FOIA open meetings requirements concerning the agenda for the November 11th meeting by posting the agenda with less than 24 hours notice, not providing a reason for the late posting, and failing to post the minutes of the meetings within one day after the meeting was held. HELD: DIAA did not violate FOIA. Agenda was timely posted. Reason for the late posting was sufficient, but non-descript. Best practice dictates a more detailed explanation for the short notice. Minutes must be posted before the next meeting. FOIA does not require the posting of minutes immediately following the meeting.


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10-IB14 RE: Freedom of Information Act Complaint Against University of Delaware

Written on: November 15th, 2010 in 10001 Declaration of Policy

Complainant asserts University violated FOIA open records requirements by refusing to provide him with copies of documents relating the wind turbine project on the University’s Lewes, DE campus. University asserts that these are not public documents because the project is not funded by public funds. HELD: University did not violate FOIA where documents requested were not public documents because no funds derived from the State or any political subdivision of the State were used for the project.


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