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Attorney General Kathy Jennings

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  Archived Posts From: 2010


10-IB06 RE: Freedom of Information Act Complaint Against Delaware State University

Written on: July 15th, 2010 in 10002(l) (9) Exemptions - Pending or Potential Litigation

Complainant asserts DSU violated FOIA open records requirements by refusing to provide records relating to two collective bargaining complaints filed by DSU’s Union at the Delaware Public Employment Relations Board (“PERB”) on the basis of “pending or potential litigation” and no responsive documents. HELD: DSU violated FOIA because PERB does not create a clear right to the pending litigation exception. DSU did not violate FOIA for other parts of the request where no documents are available.

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