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Attorney General Kathy Jennings


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  Archived Posts From: 2011

10001-declarations

11-IB07 RE: Freedom of Information Act Complaint Against Camden Wyoming Sewer & Water Authority

Written on: July 1st, 2011 in 10001 Declaration of Policy

Requester sought information about total compensation paid to employees and outside service providers in calendar year 2010. Held that because legislature amended FOIA to expressly include sewer and water authorities, the Camden-Wyoming Sewer and Water Authority (CWSWA) is a public body, and because records including information about employee compensation relate to public business of the CWSWA, the CWSWA violated FOIA by failing to provide such records.


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10002l6-ercommomlaw

11-IB06 RE: Freedom of Information Act Complaint Against Brandywine School District

Written on: June 22nd, 2011 in 10002(l) (6) Exemptions - Records Exempted Per Statute or Common Law

Petitioners sought records of Brandywine School District related to two lawsuits against the District. District asserted that the settlement agreements were exempt from disclosure because they were filed under seal with the courts in question. Held that settlement agreements filed under seal, with court approval, are exempt from disclosure and are not public records under §10002(g)(6), because the District is not required to commit contempt of Court to provide the records.


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10001-declarations

11-IB08 05/05/11 FOIA Opinion Letter to Mr. Kramer re: FOIA Complaint Concerning the Sussex County Council

Written on: May 5th, 2011 in 10001 Declaration of Policy10004(b)(1) Executive Session Job Qualifications10004(b)(9) Executive Session Personnel Matters10004(c) Requirements to Meet in Executive Session10004(e)(2) Notice Requirements for Regular Meetings10004(f) Minutes Requirements

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 11-IB08 May 5, 2011 Mr. Daniel J. Kramer 8041 Scotts Store Road Greenwood, DE 19950 RE:  Freedom of Information Act Complaint Against Sussex County Council Dear Mr. Kramer: By letters of March 23, 2011 and March 26, 2011, you have asked […]


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10002l-epersonnel

11-IB05 Re: Freedom of Information Act (“FOIA”) Appeal of Agency Denial of Records

Written on: April 1st, 2011 in 10002(l) (1) Exemptions - Personnel

Reporter requested attendance records and badge entry records for a specific merit employee with Dept. of Labor. Held that (a) under the merit rules, the attendance records were confidential; and (b) the disclosure of card swipe/access records would violate the security provision of FOIA because it must be applied uniformly, without regard to the identity of the requester. As a result, the Dept. of Labor was correct in not releasing any records.


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10001-declarations

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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10002g-meeting

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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10002h-pbody

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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10002a-definitions

11-IB01: RE: Freedom of Information Act Complaint Against City of New Castle

Written on: February 14th, 2011 in 10002(a) Agenda

Mayor of City of New Castle objected to County Council’s December 14, 2010 meeting on three bases – (i) agenda for executive session was insufficient; (ii) procedures for selecting a new city solicitor were improperly discussed in executive session; and (iii) the executive session was held before the public meeting was scheduled to begin. Opinion held that (i) agenda for executive session was sufficient; (ii) although Council violated FOIA by discussing more in executive session than it should have, this was remediated by a later special meeting in which these items were discussed; and (iii) although Council violated FOIA by going into executive session without a vote at a public meeting, no remediation was necessary because of the later special meeting in which all items were discussed.


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