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Attorney General Matt Denn


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10001-declarations

18-IB19 4/10/2018 FOIA Opinion Letter to Mr. John Young re: FOIA Complaint Concerning the Christina School District

Written on: April 13th, 2018 in 10001 Declaration of Policy

Petitioner alleged that Christina School District’s violated FOIA in connection with an itemized written cost estimate. DECIDED: The petition was determined to be moot because the Petitioner subsequently emphasized that his original intent was to request a smaller subset of records than those included in the cost estimate.


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10001-declarations

18-IB18 4/6/2018 FOIA Opinion Letter to Mr. Bernard Garbo re: FOIA Complaint Concerning the Office of the State Bank Commissioner

Written on: April 13th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the State Bank Commissioner violated FOIA by denying his request for records on the basis that neither he nor the company on whose behalf he requested the records is a citizen of Delaware. DECIDED: No FOIA violation was found, as Delaware’s FOIA does not prohibit a public body from denying a FOIA request on the basis that the requesting party is not a Delaware citizen.


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10001-declarations

18-IB17 4/2/2018 FOIA Opinion Letter to Ms. Shannon McNaught re: FOIA Complaint Concerning the Town of Dewey Beach

Written on: April 13th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Town of Dewey Beach had violated FOIA by failing to provide an amendment to an insurance policy in response to a FOIA request for the policy. DECIDED: The petition was determined to be moot because the Town provided the requested record after receiving notice of the petition and locating the policy amendment at issue.


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10001-declarations

18-IB16 3/12/2018 FOIA Opinion Letter to Mr. Kushal Shah re: FOIA Complaint Concerning the Wilmington Police Department

Written on: March 16th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Wilmington Police Department failed to provide a response to what petitioner referred to as his FOIA request. The City responded that it had not received the request. DECIDED: No FOIA violation.


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10001-declarations

18-IB15 3/12/2018 FOIA Opinion Letter to Ms. Kyle Gay on behalf of Residents for a Livable City re: FOIA Complaint Concerning the Trustees of the New Castle Common

Written on: March 16th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Trustees of the New Castle Commons violated FOIA by denying its FOIA request on the basis that the Trustees believes that it is not a public body subject to FOIA. DECIDED: This Office believes that the Trustees is a public body subject to FOIA and thus violated FOIA by failing to respond as required by FOIA.


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10001-declarations

18-IB14 3/9/2018 FOIA Opinion Letter to Mr. Jeffrey Smith re: FOIA Complaint Concerning the Town of Dewey Beach

Written on: March 12th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Town of Dewey Beach violated FOIA by failing to provide certain policy changes in response to a FOIA request for the Town’s current insurance policy. The Town responded that it had inadvertently omitted certain policy changes and provided a copy of the changes in response to the petition. DECIDED: The petition was deemed to be moot.


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10001-declarations

18-IB13 3/6/2018 FOIA Opinion Letter to Ms. Fleur McKendell re: FOIA Complaint Concerning the Department of Insurance

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

Petitioner alleged that the Department of Insurance violated FOIA by denying her request for certain records relating to her employment. DECIDED: No FOIA violation, as the records are personnel records and therefore not public records as defined by FOIA. Any entitlement that Petitioner might have in the requested records would be outside the scope of FOIA.


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10001-declarations

18-IB12 3/2/2018 FOIA Opinion Letter to Mr. John Flaherty re: FOIA Complaint Concerning the Delaware Transit Corporation

Written on: March 6th, 2018 in 10001 Declaration of Policy

Petitioner alleged that Delaware Transit Corporation did not provide a timely response to his FOIA request. DECIDED: No FOIA violation found, as DelDOT responded on behalf of itself and DTC, a division of DelDOT.


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10001-declarations

18-IB11 2/22/2018 FOIA Opinion Letter to Mr. Richard McVey re: FOIA Complaint Concerning the Town of Laurel

Written on: March 6th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Laurel Police Department did not provide a timely response to his FOIA request. DECIDED: No FOIA violation, as the response was hand-delivered within 15 business days.


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10001-declarations

18-IB10 2/20/2018 FOIA Opinion Letter to Mr. Vincent D’Anna re: FOIA Complaint Concerning New Castle County Council

Written on: February 21st, 2018 in 10001 Declaration of Policy

Petitioner alleged that the County improperly denied his requests for records regarding the creation of a position. HELD: No FOIA violation for failing to provide an index of records withheld. The DOJ was unable to determine whether the records are exempted from FOIA’s definition from public records, as the matter is best addressed by a court of competent jurisdiction.


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