Date Posted: Wednesday, November 20th, 2013
The Complainant alleged New Castle County violated the “open records” provision of the Freedom of Information Act (“FOIA”) by refusing to release audio recordings of 911 calls made from the residence of Vice President Biden. Held: privacy interests under the U.S. Constitution and Delaware law outweighed whatever interest the public might have in disclosure of the recordings.
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Date Posted: Tuesday, October 1st, 2013
The Complainant asked for a determination whether a twenty-four member working group appointed by the Governor to provide recommendations regarding charter schools (the “Working Group”) was a “public body” subject to the requirements of the Freedom of Information Act (“FOIA”). Held: yes.
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Date Posted: Tuesday, October 1st, 2013
The Complainant alleged violation by the Department of Natural Resources and Environmental Control (“DNREC”) of the “open meetings” provisions of the Freedom of Information Act (“FOIA”) by not affording the public “adequate accommodations” in connection with a hearing before the Secretary of DNREC on an air quality permit. Held: DNREC is headed by a single officer (the Secretary) who, as a “body of one” is not subject to the same “open meeting” provisions as “public bodies” with more than one member. No FOIA violation occurred.
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Date Posted: Tuesday, July 30th, 2013
The Complainant alleged the City of Wilmington (the “City”) violated the Freedom of Information Act (“FOIA”) by redacting from certain documents the names of persons who applied for, or were assigned to, the Mayor’s security detail. Held: the privacy rights of the security detail members and applicants outweighed an interest the public may have in their identities.
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Date Posted: Wednesday, May 1st, 2013
The Complainant alleged the Sussex County Council (the “Council”) violated the “open meetings” provisions of the Freedom of Information Act (“FOIA”) by providing insufficient specificity in agenda items and by adding agenda items during its meetings. Held: if available, agendas must be posted with the meeting notice. If the agenda is amended or delayed, the public body must provide the reason for the delay.
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Date Posted: Wednesday, April 17th, 2013
STATE OF DELAWARE DEPARTMENT OF JUSTICE DIVISION OF CONSUMER PROTECTION In Re: B.J. Alan Company, an Ohio corporation. CEASE AND DESIST ORDER PURSUANT TO AN AGREEMENT This Cease and Desist Agreement Order Pursuant to an Agreement (“Agreement”) is entered into by and among the Director of the Division of Consumer Protection of the Department of […]
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Date Posted: Wednesday, April 17th, 2013
STATE OF DELAWARE DEPARTMENT OF JUSTICE DIVISION OF CONSUMER PROTECTION In Re: William Costigan CEASE AND DESIST ORDER PURSUANT TO AN AGREEMENT This Cease and Desist Agreement Order Pursuant to an Agreement (“Agreement”) is entered into by and among the Director of the Division of Consumer Protection of the Department of Justice (“the Director”) and […]
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Date Posted: Tuesday, March 26th, 2013
The Complainant alleged the Board of Education for the Woodbridge School District 9the “Board”) violated the “open meetings” provisions of the Freedom of Information Act (“FOIA”). Held: the Board’s agenda was insufficient to alert the public that it would accept the resignation of the existing superintendent and hire a replacement superintendent. It therefore violated the “open meetings” requirements of FOIA.
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Date Posted: Friday, December 21st, 2012
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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Date Posted: Wednesday, November 28th, 2012
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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