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Attorney General Matt Denn


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  Archived Posts From: 2018

10001-declarations

18-IB37 8/14/2018 FOIA Opinion Letter to Mr. Herman Holloway, Jr. re: FOIA Complaint Concerning the Wilmington Housing Authority

Written on: August 14th, 2018 in 10001 Declaration of Policy

Petitioner alleged two FOIA violations against the Wilmington Housing Authority: that a vote to approve a topic discussed in executive session gave insufficient notice of the topic to the public and that it was not properly noticed in the agenda. DETERMINED: First, it was incorrect to label the purpose of the executive session as “personnel” in the agenda. This Office determined that WHA committed a technical violation which required no remediation. Second, no FOIA violation was found for the allegation of insufficient notice with regard to the vote.


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18-IB36 8/10/2018 FOIA Opinion Letter to Mr. John Flaherty re: FOIA Complaint Concerning the Office of the Governor

Written on: August 10th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Office of the Governor claimed executive privilege too broadly in redacting requested records. DECIDED: The Office of the Governor met the existing legal standard to justify its use of executive privilege. No FOIA violation was found.


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18-IB35 8/7/2018 FOIA Opinion Letter to Mr. Courtney French re: FOIA Complaint Concerning the Wilmington Housing Partnership

Written on: August 8th, 2018 in 10001 Declaration of Policy

Petitioner alleged they were improperly denied records of the Wilmington Housing Partnership, which were also in the City of Wilmington’s possession. WHP responded that it is not a public body subject to FOIA and that they had not been asked for records. Additionally, they argued that the records were not public records that the City of Wilmington could disclose. DECIDED: WHP is determined to be a public body. This office recommended that they respond to Petitioner’s request in the time required by FOIA.


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18-IB34 7/20/2018 FOIA Opinion Letter to Mr. Peter Kostyshyn re: FOIA Complaint Concerning the Department of Insurance

Written on: July 27th, 2018 in 10001 Declaration of Policy

Petitioner alleged he was inappropriately denied requested records regarding a Department of Insurance employee. DECIDED: Certain requested records were appropriately withheld as exempt or were sufficiently provided by reference to where such information could be found in the Delaware Code. DOI violated FOIA by not providing a redacted copy of the employee’s resume and this Office recommended it be provided within 10 business days of this opinion’s issuance.


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18-IB33 7/17/2018 FOIA Opinion Letter to Mr. Charles Sanders re: FOIA Complaint Concerning the Department of Justice

Written on: July 19th, 2018 in 10001 Declaration of Policy

Petitioner contested the Department of Justice’s claim that policies and procedures governing exculpatory evidence are considered attorney work product and thus exempt from FOIA. DECIDED: The exemption for attorney work product was appropriately applied.


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18-IB32 7/5/2018 FOIA Opinion Letter to Mr. Charles Sanders re: FOIA Complaint Concerning the Department of Justice

Written on: July 19th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Department of Justice had withheld a document that he believed it must have. DECIDED: There was no FOIA violation because the document requested did not exist.


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18-IB31 6/28/2018 FOIA Opinion Letter to Mr. Chris Dufresne re: FOIA Complaint Concerning the Camden-Wyoming Fire Company

Written on: June 29th, 2018 in 10001 Declaration of Policy

Petitioner alleged that Camden-Wyoming Fire Company failed to respond to his FOIA request. DECIDED: Camden-Wyoming Fire Company is not a public body and thus not subject to FOIA.


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18-IB30 6/7/2018 FOIA Opinion Letter to Mr. John Flaherty re: FOIA Complaint Concerning the Office of the Governor

Written on: June 15th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Office of the Governor had violated FOIA due to the time taken to respond to a FOIA request for records. DECIDED: Petition is moot as documents have been provided and OGov provided written extensions on permitted bases.


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18-IB29 6/6/2018 FOIA Opinion Letter to Mr. Courtney French re: FOIA Complaint Concerning the City of Wilmington

Written on: June 7th, 2018 in 10001 Declaration of Policy

Petitioner alleged the City of Wilmington had withheld documents responsive to their FOIA request. DECIDED: City provided an affidavit explaining why responsive records did not exist. No FOIA violation found.


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18-IB28 6/1/2018 FOIA Opinion Letter to Mr. Warren Rosenkranz re: FOIA Complaint Concerning the Arden Trust

Written on: June 2nd, 2018 in 10001 Declaration of Policy

Petitioner alleged that Arden Trust violated FOIA by denying request for documents. The Trust countered that they are not a public body and thus not subject to FOIA. DECIDED: The Arden Trust is not a public body.


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