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  Category: 10001 Declaration of Policy

Attorney General Matt Denn


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10001-declarations

17-IB48 9/27/2017 FOIA Opinion Letter to Mr. Xerxes Wilson re: FOIA Complaint Concerning New Castle County Council

Written on: September 28th, 2017 in 10001 Declaration of Policy

Petitioner alleged that the Personnel Subcommittee violated FOIA by: 1) failing to indicate the potential for any vote other than a vote to approve meeting minutes on its August 14, 2017 meeting agenda, and 2) voting affirmatively on “the recommendations and discussions that Council collectively had during the executive session.” DECIDED: Based on a review of documents submitted in camera, this Office determined the vote held was only to direct counsel to conduct legal research on a personnel matter discussed in executive session. Under the circumstances, this was not “major issue to be discussed” and therefore was not required to be included on the an agenda. Although the agenda would have been more accurate if it had listed the multiple bases for executive session, because those discussions were inextricably intertwined with a properly-noticed basis for executive session, it did not amount to a FOIA violation.


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17-IB47 9/22/2017 FOIA Opinion Letter to Mr. Richard Kahn re: FOIA Complaint Concerning the Delaware Department of Transportation

Written on: September 22nd, 2017 in 10001 Declaration of Policy

Petitioner alleged that DelDOT improperly denied his request for the name, address, and “relevant information” about the individual who filed a complaint about Petitioner’s mailbox. DelDOT cited the exemption for investigatory documents in denying the request. HELD: There was no FOIA violation. Complaints are part of investigatory files, which remain confidential even after an investigation has concluded.


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17-IB46 9/7/2017 FOIA Opinion Letter to Mr. Mike Kwiecien re: FOIA Complaint concerning Sussex County Planning & Zoning Commission and the Sussex County Council

Written on: September 7th, 2017 in 10001 Declaration of Policy

Petitioner alleged that the Sussex County Planning & Zoning Commission failed to share documents he submitted to that Commission with the Sussex County Council. HELD: Such conduct, if the facts are as alleged, would not violate FOIA.


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17-IB45 8/31/2017 FOIA Opinion Letter to Mr. Jordan Warfel re: FOIA Complaint concerning the Department of Health and Social Services

Written on: August 31st, 2017 in 10001 Declaration of Policy

Petitioner alleged that Department of Health and Social Services (“DHSS”) violated FOIA, specifically, by denying his July 26, 2017 request in its entirety rather than provide redacted versions of records responsive to his request. HELD: As we are satisfied that DHSS did not violate FOIA by denying your request in its entirety pursuant to 29 Del. C. Section 10002(1)(6).


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17-IB44 8/30/2017 FOIA Opinion Letter to Mr. Randall Chase re: FOIA Complaint concerning the Office of the Governor

Written on: August 30th, 2017 in 10001 Declaration of Policy

Petitioner alleged Office of the Governor improperly redacted information from the Governor’s calendar. HELD: As we are satisfied that OGov’s counsel applied well-recognized FOIA exemptions to its supplemental production, it is our determination that OGov did not violate FOIA as alleged.


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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

Petitioner alleged that the City of Seaford failed to present important public business, AG Opinion 17-IB17 and AG Opinion 17-IB27 to the public during the regular meetings of the City Council. HELD: It is the determination that the City did not violate FOIA as alleged. Please note that both opinions are publicly available at http://opinions.attorneygeneral.delaware.gov/.


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17-IB42 8/25/2017 FOIA Opinion Letter to Mr. Mike Kwiecien re: FOIA Complaint concerning Sussex County Planning & Zoning Commission and the Sussex County Council

Written on: August 25th, 2017 in 10001 Declaration of Policy

Petitioner alleged violations of the open meetings provisions of FOIA with regard to meetings held in 2002 and 2016. HELD: As a matter of practice and in keeping with time limitations followed by the courts, this office does not consider petitions regarding actions more than six months in the past and does not believe the circumstances of this petition warrant a departure from this practice. This petition was thus considered untimely.


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17-IB41 8/24/2017 FOIA Opinion Letter to Ms. Mary Lou Fieni re: FOIA Complaint Concerning The Division of Professional Regulation

Written on: August 24th, 2017 in 10001 Declaration of Policy

Petitioner alleged that a request to the Secretary of State for documents sent by a doctor regarding a defense medical examination related to a work related incident/injury was improperly denied. HELD: The records in question are exempt from FOIA as investigatory files. Further, Petitioner is not a resident of the State of Delaware, which is a permissible basis for a Delaware public body to deny a FOIA request.


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17-IB40 08/23/2017 FOIA Opinion Letter to Mr. Randall Chase re: FOIA Complaint Concerning the Department of Correction

Written on: August 23rd, 2017 in 10001 Declaration of Policy

Petitioner alleged that the Department of Correction (“DOC”) violated the public records provisions of FOIA when pursuant to Attorney General Opinion No. 17-IB25, they advised Petitioner that they had no cumulative record of seized contraband since January 1, 2014. He cited a news article that referred to summary information. DOC responded to the Petition with summary documents already created and an explanation that the FOIA Coordinator believed the records to not exist when responding pursuant to the earlier Attorney General opinion. HELD: The DOC violated FOIA by not providing the existing summary documents, but did not violate FOIA by withholding individual reports, which are exempt as investigatory files. As all records were provided, the matter is now closed.


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17-IB39 08/16/2017 FOIA Opinion Letter to Mr. Chris Witkowsky re: FOIA Complaint Concerning the Office of the State Treasurer

Written on: August 16th, 2017 in 10001 Declaration of Policy

Petitioner alleged that the Office of the State Treasurer violated FOIA by denying his request for public records based on his not being a citizen of Delaware. HELD: There was no FOIA violation. The Petitioner’s request listed a New York address and he did not make any claim to being a Delaware citizen. As this office has previously held, FOIA allows, but does not require, a public body to provide records to other states’ citizens.


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