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Attorney General Kathy Jennings

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  Archived Posts From: 2015


15-IB05 06/17/15 FOIA Opinion Letter to Ms. Roberta J. Hemmerich re: FOIA Complaint Concerning the Cape Henlopen Senior Center Bd. of Directors

Written on: July 31st, 2015 in 10001 Declaration of Policy10002(a) Agenda10002(h) Public Body

The petitioner requested a determination of whether the Cape Henlopen Senior Center (“CHSC”) is a “public body” subject to the Freedom of Information Act (“FOIA”). Held: CHSC is not a public body because it is not a “regulatory, administrative, advisory, executive, appointive or legislative body of the State, or of any political subdivision of the State” and it was not established by governmental act or entity as described in FOIA. The mere fact that CHSC receives a large portion of its funding from the State and Sussex County is not sufficient to subject it to FOIA because it does fall within the first statutory requirement.

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