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Attorney General Matt Denn


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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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10001-declarations

18-IB48 10/8/2018 FOIA Opinion Letter to Ms. Jennifer Kye re: FOIA Complaint Concerning the Delaware State Police

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

Petitioner alleged that the Delaware State Police (“DSP”) improperly withheld records under the Law Enforcement Officers’ Bill of Rights (“LEOBOR”) and a confidentiality order. DECIDED: Complaints against law enforcement officers were properly withheld as records specifically exempted from public disclosure under LEOBOR. There was insufficient information from the parties to determine if other records responsive to the request for litigation documents exist. This Office recommended that the petitioner file a new request with any available information to assist DSP in locating possibly responsive records and DSP respond to the request as required by FOIA.


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10001-declarations

18-IB47 10/8/2018 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 a meeting of the Dewey Beach Town Manager, Audit Committee chair, accountants, and auditor constituted a meeting of a public body that did not meet open meeting requirements. Petitioner further alleged that certain legal authority and the public interest in the meeting topic required the meeting to be subject to open meeting requirements. DECIDED: No FOIA violation was found. Questions of municipal law are outside the scope of FOIA.


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10001-declarations

18-IB46 10/5/2018 FOIA Opinion Letter to Mr. Paul Reiger re: FOIA Complaint Concerning the Sussex County Board of Adjustment

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

Petitioner alleged that a meeting agenda for the Sussex County Board of Adjustment did not describe an agenda item in sufficient detail. DECIDED: No FOIA violation was found.


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10001-declarations

18-IB45 10/5/2018 FOIA Opinion Letter to Mr. Craig O’Donnell re: FOIA Complaint Concerning the Town of Dewey Beach

Written on: October 5th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Town of Dewey Beach improperly cited the exemption for investigatory materials in denying his request for a video. DECIDED: The video is part of an investigative file. Thus the exemption was properly applied.


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