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Attorney General Matt Denn


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  Archived Posts From: 2018

10001-declarations

18-IB43 9/6/2018 FOIA Opinion Letter to Ms. Melony Anderson re: FOIA Complaint Concerning the Division of Revenue

Written on: September 6th, 2018 in 10001 Declaration of Policy

Petitioner alleged the Division of Revenue improperly withheld records. DECIDED: The records requested were not considered public records under FOIA since they are specifically exempted from public disclosure by 30 Del. C. § 368, which prohibits the disclosure of information contained in tax records. No FOIA violation was found.


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10001-declarations

18-IB42 8/30/2018 FOIA Opinion Letter to Mr. Dan Kramer re: FOIA Complaint Concerning the Frankford Town Council

Written on: September 6th, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Frankford Town Council improperly met in executive session and held a vote to fire their solicitor. DECIDED: No vote was held in executive session. Further, this Office determined that the executive session was properly held to discuss an individual’s competencies and abilities. No FOIA violation was found.


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10001-declarations

18-IB41 8/28/2018 FOIA Opinion Letter to Mr. Craig O’Donnell and Ms. Shannon McNaught re: FOIA Complaint Concerning the Dewey Beach Town Council

Written on: September 6th, 2018 in 10001 Declaration of Policy

Petitioners alleged that the Dewey Beach Town Council held a meeting that was not noticed to the public when a majority of the Town Council attended a meeting of the Audit Committee. DECIDED: Because there was no allegation that the Councilmembers discussed or deliberated public business among themselves, held a vote, or reached a consensus, their presence at another body’s meeting did not constitute a meeting of the Town Council. No FOIA violation was found.


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10001-declarations

18-IB40 8/24/2018 FOIA Opinion Letter to Ms. Vicki Carmean, Ms. Julie Lee, and Mr. Roy Williams re: FOIA Complaint Concerning the Town of Fenwick Island

Written on: September 6th, 2018 in 10001 Declaration of Policy

Petitioners alleged that the Town violated FOIA in two ways: 1) five individuals associated with the Town privately communicated about a building permit outside of a public meeting; and 2) the Building Committee improperly approved a building permit without a public meeting and vote. DECIDED: The five individuals are not a public body, and thus, their communications did not violate FOIA. The Building Committee violated FOIA by not holding a public meeting to approve the permit. It is recommended that the Building Committee conduct a public meeting to formally vote on the permit application. A supplemental opinion is to follow.


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