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10001-declarations

17-IB43 8/29/2017 FOIA Opinion Letter to Mr. Frank “Dan” Cannon re: FOIA Complaint concerning the City of Seaford

Written on: August 29th, 2017 in 10001 Declaration of Policy

PRINT VERISON: Attorney General Opinion No. 17-IB43

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE

Attorney General Opinion No. 17-IB43

August 29, 2017

VIA U.S. MAIL AND EMAIL

Frank “Dan” Cannon
411 Nylon Blvd.
Seaford, DE 19973
seafordski@hotmail.com

RE:     August 28, 2017 Correspondence Regarding the City of Seaford

Dear Mr. Cannon:

We are in receipt of your August 28, 2017 correspondence alleging that the Mayor and the Council of the City of Seaford (hereinafter collectively referred to as “the City”) have violated Delaware’s Freedom of Information Act (“FOIA”). Specifically, you allege that the City has violated FOIA by failing to present this Office’s July 11 and 18, 2017 FOIA determinations – Del. Op. Att’y Gen. 17-IB17 and Del. Op. Att’y Gen. 17-IB27 – to the public during the regular meetings of the City Council.  However, as we see nothing in Delaware’s FOIA that requires a public body to share or otherwise discuss this Office’s FOIA determinations at a public meeting, it is our determination that the City did not violate FOIA as alleged.  Indeed, we note that both opinions are publicly available at https://opinions.attorneygeneral.delaware.gov/.

 

Very truly yours,

/s/ Michelle E. Whalen

 __________________________________
Michelle E. Whalen
Deputy Attorney General

 

APPROVED BY:

/s/ Aaron R. Goldstein
___________________________

Aaron R. Goldstein, State Solicitor (via email)

cc:

James Fuqua, Esq. (via email)





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