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Attorney General Kathy Jennings

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  Archived Posts From: 2010


10-IB08 08/24/10 Attorney General Opinion Letter to Chairman Lemire re: Applicability of the Manufactured Home Owners and Community Owners Act to The Villages of Noble’s Pond

Written on: August 24th, 2010 in 10001 Declaration of Policy

Issue is whether the Manufactured Home Owners and Community Owners Act (“Chapter 70”) applies to Nobles Pond in Dover. HELD: Yes. The definition of “manufactured home” in Chapter 70 deleted the previous language “and which is built on a permanent chasis.” Application of Chapter 70 turns on the presence or absence of land/lease arrangements not on technical definitions of housing standards.

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10-IB07 RE: Freedom of Information Act Complaint Against City of Wilmington

Written on: August 9th, 2010 in 10001 Declaration of Policy

Complainant asserts City violated FOIA by refusing to release documents related to collective bargaining between the City and one of its Unions and records relating to hiring of outside counsel. City asserts documents are exempt from release pursuant to 29 Del. C. Section 10002(g)(8) exempting document “involving labor negotiations or collective bargaining.” HELD: FOIA is co-extensive with the duty under Public Employment Relations Act (“PERA”) to provide information. The FOIA exemption excludes only records that could be excluded from the duty to provide information in collective bargaining. That is a question of labor law to be determined by PERB. However, the request for documents relating to hiring outside counsel should be produced. There is substantial public interest in how public bodies spend the public’s money.

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