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Attorney General Kathy Jennings


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10001-declarations

19-IB29 6/7/2019 FOIA Opinion Letter to Mr. Ray Tomasetti re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Written on: June 7th, 2019 in 10001 Declaration of Policy

Petitioner alleged that DNREC improperly denied his clients’ records request pursuant to the pending or potential litigation exemption.

DECIDED: Because DNREC alleges the potential litigation would be between the two private parties and not against the public body from which records are sought or a closely affiliated person or entity, it was determined that denial of the records pursuant to the pending or potential litigation exemption violates FOIA.


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10001-declarations

19-IB28 6/5/2019 FOIA Opinion Letter to Ms. Sarah Mueller re: FOIA Complaint Concerning the City of Wilmington

Written on: June 7th, 2019 in 10001 Declaration of Policy

Petitioner alleged that the City of Wilmington delayed more than five months in providing responsive records to her FOIA request.

DECIDED: The City has since provided a response to the petitioner’s narrowed request, mooting the petition.


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10001-declarations

19-IB27 5/29/2019 FOIA Opinion Letter to Mr. John Wells re: FOIA Complaint Concerning the Delaware Auditor of Accounts

Written on: May 30th, 2019 in 10001 Declaration of Policy

Petitioner alleged that a 2019 report to be provided on a website by the Auditor of Accounts when complete would not be responsive to his request for records because the Petitioner did not believe that this 2019 report would meet certain statutory parameters. The Petitioner’s allegation was based on his review of the 2018 report that the Auditor of Accounts cited.

DECIDED: No FOIA violation was found. The Auditor of Accounts denies having any other responsive records, and this Office does not have the authority to determine whether any law other than FOIA has been violated through the FOIA petition process.


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10001-declarations

19-IB26 5/28/2019 FOIA Opinion Letter to Ms. Darya Marchenkova re: FOIA Complaint Concerning the Delaware Department of Correction

Written on: May 30th, 2019 in 10001 Declaration of Policy

Petitioner alleged that the Department of Correction improperly denied her request for information on pre-trial detainees.

DECIDED: No FOIA violation was found. The information requested is exempt from FOIA under 29 Del. C. § 10002(l)(6) which exempts any records prohibited from disclosure by statute. In these circumstances, it was determined that 11 Del. C. § 4322(a) and 11 Del. C. § 8513(d) precluded disclosure of the requested records.


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10001-declarations

19-IB25 5/10/2019 FOIA Opinion Letter to Ms. Christina Jedra re: FOIA Complaint Concerning the Delaware Department of Correction

Written on: May 20th, 2019 in 10001 Declaration of Policy

Petitioner challenged the timeliness of the Department of Correction’s response to its FOIA request for certain emails, alleging that DOC’s good faith estimate and cost estimate for completing the request were not provided within fifteen business days.

DECIDED: As Petitioner received a response to her FOIA request since filing the Petition, the Petition’s allegations were determined to be moot.


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10001-declarations

19-IB24 4/29/2019 FOIA Opinion Letter to Ms. Christina Jedra re: FOIA Complaint Concerning the Delaware Department of State

Written on: May 1st, 2019 in 10001 Declaration of Policy

This Office was asked to determine whether the Department of State appropriately denied a request for an unredacted copy of video showing an inmate’s death that was previously shown in a public disciplinary hearing of a nurse.

DECIDED: The Department of State’s denial violated FOIA because the privacy rights invoked by the Department are not entitled to protection under 29 Del. C. 10002(l)(6) and 29 Del. C. 10002(l)4).


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10001-declarations

19-IB23 4/26/2019 FOIA Opinion Letter to Ms. Christina Jedra re: FOIA Complaint Concerning the Delaware Department of Correction

Written on: April 30th, 2019 in 10001 Declaration of Policy

This Office was asked to determine whether the Delaware Department of Correction improperly denied Petitioner’s request for quality assurance audits conducted by DOC.

DECIDED: No FOIA violation was found, as the records were statutorily prohibited from disclosure under 29 Del. C. 10002(l)(6). The quality assurance audits in DOC’s possession constitute peer review materials, which are statutorily exempt from FOIA under 24 Del. C. § 1768 , and DOC attested that it did not create its own quality assurance audits.


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10001-declarations

19-IB22 4/26/2019 FOIA Opinion Letter to Ms. Jeanne Kuang re: FOIA Complaint Concerning the Delaware Department of Transportation

Written on: April 30th, 2019 in 10001 Declaration of Policy

Petitioner challenged the Delaware Department of Transportation’s denial of their request for data from the Crash Analysis Reporting System (CARS) database.

DECIDED: No FOIA violation was found. This Office found that the data was exempt from FOIA under 29 Del. C. 10002(l)(6) and 10002(l)(3).


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10001-declarations

19-IB21 4/23/2019 FOIA Opinion Letter to Mr. Mark Betchkal re: FOIA Complaint Concerning the City of Rehoboth Beach

Written on: April 30th, 2019 in 10001 Declaration of Policy

This Office was asked to determine whether the City of Rehoboth appropriately denied a records request for the agenda and minutes for two City meetings.

DECIDED: No FOIA violation was found. The meeting attendees did not constitute a meeting of a public body nor did the meetings include a quorum of any existing public body. Thus, the City properly denied the request for records that did not exist, nor were these records required by FOIA to be created.


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10001-declarations

19-IB20 4/15/2019 FOIA Opinion Letter to Mr. John Wells re: FOIA Complaint Concerning the Delaware Auditor of Accounts

Written on: April 16th, 2019 in 10001 Declaration of Policy

Petitioner alleged that the Delaware Auditor of Accounts did not respond to their FOIA request within 15 business days in the manner required by FOIA.

DECIDED: As AOA provided a response, the matter was found to be moot.


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