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Attorney General Matt Denn


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10001-declarations

18-IB04 1/23/2018 FOIA Opinion Letter to Mr. George Flowers re: FOIA Complaint Concerning the City of Wilmington

Written on: January 30th, 2018 in 10001 Declaration of Policy

Petitioner alleged the City of Wilmington improperly withheld documents created by a contractor – which included evaluations of employees – in response to a FOIA request for the documents. DECIDED: No FOIA violation found.


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10001-declarations

18-IB03 1/10/2018 FOIA Opinion Letter to Mr. Thomas Fowler re: FOIA Complaint Concerning the Department of Natural Resources and Environmental Control

Written on: January 12th, 2018 in 10001 Declaration of Policy

Petitioner alleged that DNREC violated FOIA by denying his request for a legal opinion provided by a Deputy Attorney General to its client, DNREC on the basis that the record was exempted pursuant to the attorney-client privilege. DECIDED: DNREC did not violate FOIA as alleged.


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10001-declarations

18-IB02 1/10/2018 FOIA Opinion Letter to Ms. Shannon Marvel and Mr. Craig O’Donnell re: FOIA Complaint Concerning the Division of Public Health

Written on: January 12th, 2018 in 10001 Declaration of Policy

Petitioners alleged that the Division of Public Health violated FOIA by withholding certain categories of information from the Office of Animal Welfare call log. During the pendency of the petition, DPH provided certain additional categories of information, but maintained that the remaining redactions were proper pursuant to the investigatory exemption. DECIDED: As DPH ultimately provided certain categories of information, DPH violated FOIA by not providing those categories in the first instance or, in the alternative, indicating that additional time was needed. However, no remediation was recommended because the information had already been provided. DPH did not violate FOIA by redacting the remaining categories of information pursuant to the investigatory files exemption.


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10001-declarations

18-IB01 1/2/2018 FOIA Opinion Letter to Mr. La Mar Gunn re: FOIA Complaint Concerning the Department of Insurance

Written on: January 3rd, 2018 in 10001 Declaration of Policy

Petitioner alleged that the Department of Insurance violated FOIA by not providing a copy of its employee manual when Petitioner hand-delivered a written request for the document that same day. DECIDED: No FOIA violation was found. This Office does not interpret FOIA to require a public body to provide immediate in-person access to records upon receipt of a written request.


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10001-declarations

17-IB66 12/29/2017 FOIA Opinion Letter to Mr. Dan Kramer re: FOIA Complaint Concerning Sussex County Council

Written on: January 3rd, 2018 in 10001 Declaration of Policy

Petitioner alleged that his request for a copy of a motion made at a Sussex County Planning & Zoning Commission meeting was improperly denied. DECIDED: No FOIA violation was found. Under the circumstances specific to this case, the document used by the speaker to make the motion (which was captured in audio and video recordings that were provided to Petitioner pursuant to a separate FOIA request) were appropriately considered to be personal notes and not a public record under FOIA.


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10001-declarations

17-IB65 12/29/2017 FOIA Opinion Letter to Mr. George Flowers re: FOIA Complaint Concerning the City of Wilmington

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

Petitioner alleged that the City of Wilmington failed to respond to his FOIA request. DECIDED: The City violated FOIA by not responding within 15 business days. However, as the City has since responded, no remediation was recommended.


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opinions

17-IB64 12/22/2017 re: Exclusions ofLocal Operating Expenditures under 14 Del. C. §§ 408 & 509

Written on: December 22nd, 2017 in Opinions

Department of Justice received a request from the Delaware Department of Education for an opinion regarding the application of the formula contained in Title 14, Sections 408(d) and 509(e) of the Delaware Code to “match tax” expenditures that are funded by taxes levied by local school boards under authority granted by 14 Del. C. § 1902(b).


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10001-declarations

17-IB63 12/20/2017 FOIA Opinion Letter to Ms. Sarah Bucic re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

Written on: December 20th, 2017 in 10001 Declaration of Policy

Petitioner requested a determination of whether the Climate Change Conference held by DNREC was required to adhere to FOIA’s open meetings provisions. DECIDED: No FOIA violation was found. This Office determined that the conference was not a meeting of a public body subject to FOIA’s open meetings provisions.


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10001-declarations

17-IB62 12/15/2017 FOIA Opinion Letter to Mr. Frank “Dan” Cannon re: FOIA Complaint Concerning the City of Seaford

Written on: December 18th, 2017 in 10001 Declaration of Policy

PPetitioner alleged that the Seaford City Council violated FOIA by failing to provide sufficient notice of an agenda item. Specifically, the Council quoted the name of an ordinance but did not include the language “right to work” in the agenda item. DECIDED: This Office found no FOIA violation. The agenda item met the minimum standard of a “general statement of the major issues expected to be discussed.” The possibility that more descriptive language could have been used instead does not constitute a violation.


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10001-declarations

17-IB61 12/5/2017 FOIA Opinion Letter to Mr. Craig O’Donnell re: FOIA Complaint Concerning the Delaware Emergency Management Agency

Written on: December 13th, 2017 in 10001 Declaration of Policy

Petitioner alleged that DEMA withheld records showing the inventory of military equipment held by the Dewey Beach Police Department that the Petitioner had requested. DEMA responded that inventory records are only kept on a real-time third-party database and that it had provided all records responsive to the request in DEMA’s possession. DECIDED: This Office found no violation.


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