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Attorney General Kathy Jennings

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  Archived Posts From: 2011


11-IB04 03/29/11 CDAG Opinion Letter to Ms. Milford re: FOIA Appeal Concerning Delaware Department of Transportation

Written on: March 29th, 2011 in 10001 Declaration of Policy

Requester sought records “relating to” a parcel of land eventually purchased by DelDOT. Held that DelDOT violated FOIA when (1) DelDOT interpreted the request too narrowly when it limited response to real estate records; (2) when DelDOT provided a summary of the documents in lieu of copies of the documents; (3) DelDOT failed to do an adequate search of the records; and (4) DelDOT failed to request records from DTI in a reasonably prompt fashion. However, because all records were eventually provided, no remediation was necessary.

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11-IB02 RE: Freedom of Information Act Complaint Against City of Newark

Written on: March 16th, 2011 in 10002(g) Meeting10002(h) Public Body

Petitioner complained that the City of Newark violated FOIA when (1) the Mayor made an appointment to the Newark Housing Authority without a public meeting and without a vote of the City Council, (2) when the Mayor “conferred” with members of Council in person or via email, (3) when Petitioner was denied copies of those emails, and (4) when a focus group met without notice to the public. Petitioner further asked whether City violated FOIA by not providing copies of emails between Mayor and Council members sent and received on private computers through non-City email accounts. Held that the City of Newark did not violate FOIA because (1) the emails sought did not exist; (2) the mayor was not required to hold a public meeting because the Mayor was a body of one; (3) stakeholder meetings were not meetings of a public body because a City employee met informally with stakeholders to provide input about electric rate structure; and (4) personal emails that were not in the City’s possession were not public records.

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11-IB03: RE: Freedom of Information Act Complaint Against Camden-Wyoming Sewer and Water Authority

Written on: March 16th, 2011 in 10002(h) Public Body

Petitioner sought records from the Camden-Wyoming Sewer and Water Authority. Held that because the Camden-Wyoming Sewer and Water Authority neither receives nor disburses public funds, it is not a public body. As a result, it was not subject to FOIA.

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