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Attorney General's Opinions


Attorney General Matt Denn


          

  Archived Posts From: 2012

12-IIB13 12/21/12 FOIA Opinion Letter to Ms. Margaret McKay re: FOIA Complaint Against Capital School District Board

Written on: December 21st, 2012 in 10001 Declaration of Policy

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 12-IIB13 December 21, 2012 VIA EMAIL AND REGULAR MAIL Ms. Margaret McKay League of Women Voters of Delaware 2400 W. 17th Street Clash Wing, Room 1, Lower Level Wilmington, DE  19806 lwvde@voicenet.com Re:  FOIA Complaint Against Capital School District Board Dear […]


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Deputy Attorney General

Written on: November 28th, 2012 in Careers - Job OpportunitiesDeputy Attorney Generals

Deputy Attorneys General positions become available on a regular basis in New Castle, Kent and Sussex Counties. Members of the Delaware Bar who are interested in public service are encouraged to submit their resumes for consideration as vacancies occur. For additional information and to submit a resume, please contact: The Delaware Department of Justice Human […]


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ADMINISTRATIVE SPECIALIST I

Written on: November 27th, 2012 in Administrative SupportCareers - Job Opportunities

        Opening Date:  November 27, 2012 Closing Date:  November 30, 2012 ADMINISTRATIVE SPECIALIST I, (Pay Grade 7)                          Criminal Division, Superior Court Unit, (Felony Trial) Kent County Job Responsibilities and Duties: This Administrative Specialist provides secretarial support to Deputy Attorneys General in the Criminal Division, Superior Court Unit in the Kent County office.  The incumbent organizes […]


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12-IIB12: RE: FOIA Opinion Letter to Ms. Margaret McKay re: FOIA Complaint Against Capital School District Board

Written on: November 21st, 2012 in 10001 Declaration of Policy

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 12-IIB12 November 21, 2012 VIA EMAIL AND REGULAR MAIL Ms. Margaret McKay League of Women Voters of Delaware 2400 W. 17th Street Clash Wing, Room 1, Lower Level Wilmington, DE  19806 lwvde@voicenet.com Re: FOIA Complaint Against Capital School District Board Dear Ms. […]


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Casual/Seasonal JOB OPENING

Written on: November 19th, 2012 in Administrative SupportCareers - Job Opportunities

Opening Date:  November 19, 2012   Closing Date:  November 28, 2012 This is a Casual/Seasonal position (maximum of 37.5 hours work per week) without healthcare benefits.  Salary will be commensurate with experience.  This is a 12 month assignment.  While reappointment for an additional 12 months may be a possibility, neither the existence of the position […]


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Biden’s Office to Host Housing Workshops with Mortgage Lenders November 14 and 15

Written on: November 9th, 2012 in News

Wilmington – Attorney General Beau Biden announced today that several of the nation’s largest mortgage lenders will participate in workshops his office is organizing next week to help Delawareans at risk of losing their homes to foreclosure. Scheduled for November 14 in Georgetown and Milford and November 15 in New Castle, the workshops are offered […]


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Superior Court Sides With Attorney General’s Office In Freedom of Information Suit

Written on: November 7th, 2012 in News

Dover – Attorney General Beau Biden announced today that a Superior Court judge has granted his office’s demands that the Camden-Wyoming Sewer and Water Authority release records under the state’s Freedom of Information Act. The ruling, from Judge Robert Young, compels the authority to turn over its employee salary, overtime and benefits information. Judge Young […]


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12-IIB11: RE: FOIA Opinion Letter to Mr. Gerald A. Lechliter re: FOIA Petition Against City of Lewes

Written on: November 7th, 2012 in 10001 Declaration of Policy

Petitioner alleged that the City Council of the City of Lewes had violated open meeting requirements at the January 11, 2010 Council meeting.


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12-IIB10 7/27/12 FOIA Opinion Letter to Mr. Andrew Staub re: FOIA Petition against the City of Wilmington – The News Journal Request for City of Wilmington Police Compensation Records

Written on: July 27th, 2012 in 10001 Declaration of Policy

The City of Wilmington refused to disclose salary information for law enforcement officers and claimed that such information exempt from disclosure under FOIA. It was held that the burden of justifying the withholding of records is on the custodian, that exemptions from disclosure are to be applied narrowly and that as a general matter, salary information falls within the definition of public record. As a result, Wilmington was directed to disclose the information.


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12-IIB09 7/13/12 FOIA Opinion Letter to Mr. Dell Tush re: FOIA Complaint against the Town Council of Dewey Beach with Attachment: FOIA Remedies Agreement

Written on: July 13th, 2012 in 10001 Declaration of Policy

Petitioner alleged that the Town of Dewey had failed to provide proper notice as to the topics to be discussed in the executive sessions of the two November 2011 meetings. DOJ held that the agendas for those meetings failed to specify the topics to be discussed in executive session and as a result, did not comply with the open meeting requirements, such that the actions taken during the meetings were voidable. Following a review of the agendas and minutes for all of the meetings of the Town Council of Dewey Beach from January 2011 through April 2012, it was determined that there was a pattern to disregard the open meeting requirements. DOJ and the Town of Dewey Beach entered into a FOIA Remedies Agreement pursuant to which Dewey was required to cooperate with DOJ to ensure that Dewey would comply with the open meeting requirements moving forward.


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