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Attorney General Kathy Jennings


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10001-declarations

19-IB43 7/22/2019 FOIA Opinion Letter to Mr. David Moskowitz re: FOIA Complaint Concerning The Town of Dewey Beach

Written on: July 22nd, 2019 in 10001 Declaration of Policy

Petitioner alleged that Dewey Beach provided records that were not responsive to their request for schedules of two Town employees.

DECIDED: No FOIA violation was found. The Petitioner indicated during the petition process that they were seeking a level of detail that was not contained in the original request to the Town, and the Town expressed a willingness to provide additional public records in response to a more detailed request.


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19-IB42 7/18/2019 FOIA Opinion Letter to Mr. Peter Kostyshyn re: FOIA Complaint Concerning New Castle County

Written on: July 18th, 2019 in 10001 Declaration of Policy

This Office was asked to address 1) whether New Castle County was required to provide time-stamped copies of the Petitioner’s requests, the envelopes they were mailed in, and all records generated as a result of the request; and 2) whether the County properly asserted that the Petitioner’s requests were too vague to require a response under FOIA.

DECIDED: The County violated FOIA by not specifically responding to the request for time-stamped copies of the requests and this Office recommended it make a reasonable search for responsive records and provide the Petitioner with a supplemental response. No other FOIA violation was found.


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19-IB41 7/18/2019 FOIA Opinion Letter to Mr. Peter Kostyshyn re: FOIA Complaint Concerning the Delaware Department of Elections

Written on: July 18th, 2019 in 10001 Declaration of Policy

Petitioner alleged that the Department of Elections improperly withheld 48 pages of records listing campaign donors of former Wilmington mayor and disputed the Department’s claim that it had no other responsive records

DECIDED: No FOIA violation was found. The records sought were more than 20 years old and the Department’s policy only called for 22 months’ retention.


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19-IB40 7/15/2019 FOIA Opinion Letter to Mr. Peter Kostyshyn re: FOIA Complaint Concerning the Delaware Department of Elections

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

Petitioner alleged that an incorrect date on the Department of Elections’ response to their request indicated a greater failure to comply with FOIA.

DECIDED: No FOIA violation was found.


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19-IB39 7/15/2019 FOIA Opinion Letter to Mr. Peter Kostyshyn re: FOIA Complaint Concerning the Delaware Department of Insurance

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

Petitioner alleged DOI’s interim response advising that additional time was needed for legal review violated FOIA.

DECIDED: No FOIA violation found. FOIA expressly permits a public body to take additional time to respond to a request if legal advice is needed so long as a good faith estimate of the time needed is provided.


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19-IB38 7/8/2019 FOIA Opinion Letter to Mr. Peter Kostyshyn re: FOIA Complaint Concerning the Town of Bellefonte

Written on: July 8th, 2019 in 10001 Declaration of Policy

This Office was asked to address the following issues: 1) whether the Town of Bellefonte committed a FOIA violation by not providing records requested; 2) whether the Petitioner’s request for resulting records “it generates” was sufficiently specific under FOIA; and 3) whether the Town’s failure to send its response to the correct address was a violation of FOIA

DECIDED: No FOIA violations were found. The Town demonstrated that it did not have certain records requested and is not required to create them. The Town is permitted to request more specificity for requests that are vague. The addressing error was unintentional and not a violation.


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19-IB37 7/5/2019 FOIA Opinion Letter to Mr. Jeffrey Clouser re: FOIA Complaint Concerning the Delaware State Police

Written on: July 5th, 2019 in 10001 Declaration of Policy

Petitioner alleged that the Delaware State Police did not timely respond to their FOIA request for an unredacted copy of an Initial Crime Report.

DECIDED: DSP was unable to prove that it complied with FOIA’s deadline for responding to the Petitioner’s request. As it provided a response during the petition process, no remediation was recommended but DSP was encouraged to more carefully track requests.


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19-IB36 7/5/2019 FOIA Opinion Letter to Ms. Sarah Gamard re: FOIA Complaint Concerning the Delaware Auditor of Accounts

Written on: July 5th, 2019 in 10001 Declaration of Policy

Petitioner alleged the Auditor of Accounts improperly relied on the investigatory files exemption in redacting a log of complaints.

DECIDED: No FOIA violation was found. The functions of the AOA are to ensure public funds are legally used and responsive records are thus “compiled for civil or criminal law-enforcement purposes” and exempt from FOIA.


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19-IB35 7/2/2019 FOIA Opinion Letter to Mr. Peter Kostyshyn re: FOIA Complaint Concerning the Delaware Auditor of Accounts

Written on: July 2nd, 2019 in 10001 Declaration of Policy

Petitioner alleged that the Office of the Auditor of Accounts’ response to their FOIA request did not provide information on office closures by the current Auditor and did not enclose the policy related to timekeeping and office closures that AOA’s response said was enclosed.

DECIDED: No FOIA violation found. AOA demonstrated it previously provided the requested policy and attested that it had no other responsive documents.


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19-IB34 7/1/2019 FOIA Opinion Letter to Mr. Peter Kostyshyn re: FOIA Complaint Concerning the Delaware Office of Defense Services

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

Petitioner alleged that the Office of Defense Services did not provide copies of five FOIA requests Petitioner filed, included duplicative charges in the estimated fees to fulfill the request, and did not respond to voicemails seeking assistance.

DECIDED: No FOIA violation found. FOIA permits a public body to withhold records until payment is received. ODS provided a sufficient justification of the estimated charges and evidence of responding to the Petitioner’s requests for assistance.


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