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Attorney General Kathy Jennings


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10001-declarations

19-IB04 2/11/2019 FOIA Opinion Letter to Ms. Jan Konesey and Mr. Sam Cooper re: FOIA Complaint Concerning the City of Rehoboth Beach

Written on: February 15th, 2019 in 10001 Declaration of Policy

The Petitioners alleged that a wastewater working group established by the City of Rehoboth was meeting privately and without public notice.

DECIDED: The working group is a public body subject to the open meetings provisions of FOIA and therefore violated FOIA. This Office recommended the group meet publicly in accordance with FOIA’s open meeting requirements going forward and make existing minutes (if any) of past meetings available to the public. If meetings minutes do not exist but the meeting was recorded, the City is recommended to recreate those minutes and make them publicly available.


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10001-declarations

19-IB03 2/11/2019 FOIA Opinion Letter to Mr. Mustafa Musawwir re: FOIA Complaint Concerning the Division of Corporations

Written on: February 15th, 2019 in 10001 Declaration of Policy

The Petitioner alleged the Division of Corporation’s fees for certain business records violated FOIA by exceeding the fee scale outlined in FOIA.

DECIDED: No FOIA violation was found. A separate statute establishes the fees for the requested records and specifically exempts them from FOIA’s fee provisions.


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10001-declarations

19-IB02 2/11/2019 FOIA Opinion Letter to Ms. Christina Jedra re: FOIA Complaint Concerning the City of Wilmington

Written on: February 15th, 2019 in 10001 Declaration of Policy

The Petitioner alleged that the City of Wilmington’s decision to use an outside vendor to perform the search and production of emails was unreasonable and that the fee estimate was unreasonably high.

DECIDED: No FOIA violation was found. The City presented affidavits supporting that the use of a vendor was reasonably required. Also, it was determined that the City adequately demonstrated that the outside vendor’s fee estimate did not violate FOIA.


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10001-declarations

19-IB01 1/23/2019 FOIA Opinion Letter to Mr. Christopher Coggins re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Written on: January 29th, 2019 in 10001 Declaration of Policy

The petitioner requested records regarding a site which was the subject of an environmental enforcement action. DNREC denied the request pursuant to pending or potential litigation exemption, and the petitioner alleged that DNREC improperly withheld records under this exemption.

DECIDED: No FOIA violation was found, as the requested records related to the subject matter of pending litigation between the petitioner’s clients and DNREC.


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10001-declarations

18-IB54 12/5/2018 FOIA Opinion Letter to Johann Gaebler re: FOIA Complaint Concerning the Delaware Criminal Justice Information System

Written on: December 7th, 2018 in 10001 Declaration of Policy

Petitioner alleged that DELJIS improperly withheld information from a database. DECIDED: As Petitioner is not a citizen of Delaware, DELJIS properly asserted in the denial that it was not required to fulfill the request.


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10001-declarations

18-IB53 12/3/2018 FOIA Opinion Letter to Mr. Courtney French re: FOIA Complaint Concerning the City of Wilmington

Written on: December 7th, 2018 in 10001 Declaration of Policy

Petitioner alleged that several estimated charges for production of the requested records were unreasonable under FOIA. DECIDED: The City provided sufficient evidence that they had complied with FOIA’s requirements to support their final estimated fees.


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10001-declarations

18-IB52 11/29/2018 FOIA Opinion Letter to Ms. Andrea Green re: FOIA Complaint Concerning the Department of Natural Resources and Environmental Control

Written on: December 7th, 2018 in 10001 Declaration of Policy

Petitioner alleged that DNREC improperly denied records request for several reasons: 1) the denial was in violation of another Delaware statute; 2) DNREC provided insufficient justification for the denial; and 3) the exemptions for pending or potential litigation and investigatory records did not apply to the requested records. DECIDED: This Office does not have the authority under the FOIA statute to determine whether another statute was violated. DNREC provided sufficient justification for its denial. DNREC appropriately cited the pending litigation exemption because the individual requesting records is a member of the entity that is actively involved in a pending administrate appeal with DNREC.


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10001-declarations

18-IB51 11/20/2018 FOIA Opinion Letter to David Carter re: FOIA Complaint Concerning the Department of Natural Resources and Environmental Control

Written on: December 7th, 2018 in 10001 Declaration of Policy

Petitioner alleged that DNREC improperly withheld database records and did not provide sufficient assistance in identifying and locating responsive records. DECIDED: DNREC is not required by FOIA to create a new record to provide the information sought and that DNREC sufficiently provided reasonable assistance to identify and locate the information sought.


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10001-declarations

18-IB50 10/12/2018 FOIA Opinion Letter to Casey H. Nelson re: FOIA Complaint Concerning the Department of Insurance

Written on: October 22nd, 2018 in 10001 Declaration of Policy

Petitioner alleged that he was entitled to receive Delaware Department of Insurance (“DOI”) records because DOI denied records in bad faith, was required to provide records to non-citizens of Delaware, and was required to provide the records pursuant to another Delaware statute. DECIDED: DOI did not violate FOIA as alleged.


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10001-declarations

18-IB49 10/9/2018 FOIA Opinion Letter to Mr. David Moskowitz re: FOIA Complaint Concerning the Town of Dewey Beach

Written on: October 11th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Town Manager and Police Chief lacked the authority to execute certain documents, that the Town Manager and Police Chief are a public body that must hold open meetings, and that the public interest in these documents must trigger open meeting requirements. DECIDED: No FOIA violation was found. Questions of municipal law are outside the scope of FOIA.


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