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Attorney General Matt Denn


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10001-declarations

18-IB11 2/22/2018 FOIA Opinion Letter to Mr. Richard McVey re: FOIA Complaint Concerning the Town of Laurel

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

Petitioner alleged that the Laurel Police Department did not provide a timely response to his FOIA request. DECIDED: No FOIA violation, as the response was hand-delivered within 15 business days.


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10001-declarations

18-IB10 2/20/2018 FOIA Opinion Letter to Mr. Vincent D’Anna re: FOIA Complaint Concerning New Castle County Council

Written on: February 21st, 2018 in 10001 Declaration of Policy

Petitioner alleged that the County improperly denied his requests for records regarding the creation of a position. HELD: No FOIA violation for failing to provide an index of records withheld. The DOJ was unable to determine whether the records are exempted from FOIA’s definition from public records, as the matter is best addressed by a court of competent jurisdiction.


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10001-declarations

18-IB09 2/12/2018 FOIA Opinion Letter to Mr. Craig O’Donnell and Ms. Shannon Marvel re: FOIA Complaint Concerning the Town of Dewey Beach

Written on: February 13th, 2018 in 10001 Declaration of Policy

Petitioners alleged that the Town of Dewey Beach agendas for February 2 and 9, 2018 failed to properly notice matters to be discussed in executive sessions. DECIDED: No FOIA violation.


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10001-declarations

18-IB08 2/12/2018 FOIA Opinion Letter to Mr. Albert Porach re: FOIA Complaint Concerning the City of Newark

Written on: February 13th, 2018 in 10001 Declaration of Policy

Petitioner alleged that a meeting and intended future meetings among University of Delaware staff and City of Newark staff, including the City Manager, constituted a meeting as defined by FOIA which was not properly noticed in accordance with FOIA. DECIDED: The gathering did not constitute a meeting of a public body. No FOIA violation found.


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10001-declarations

18-IB07 2/9/2018 FOIA Opinion Letter to Mr. Frank “Dan” Cannon re: FOIA Complaint Concerning the City of Seaford

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

Petitioner alleged that a press conference constituted a meeting as defined by FOIA and was not properly noticed in accordance with FOIA. DECIDED: The press conference attended by a quorum of the Council, but during which there was no discussion among the Council members regarding public business, did not constitute a meeting of the Council. No FOIA violation found.


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10001-declarations

18-IB06 2/7/2018 FOIA Opinion Letter to Mr. Richard McVey re: FOIA Complaint Concerning the Town of Laurel

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

Petitioner alleged that the Laurel Police Department violated FOIA by failing to provide a specific response regarding two of the three items he had requested in a single FOIA request. The Department sent him a letter subsequent to its receipt of the petition explaining that the other two records did not exist. DECIDED: No FOIA violation was found because there was no denial of access to records.


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10001-declarations

18-IB05 1/30/2018 FOIA Opinion Letter to Mr. La Mar Gunn re: FOIA Complaint Concerning the City of Dover Ethics Commission

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

Petitioner alleged multiple open meetings violations by the City of Dover Ethics Commission regarding the handling of an ethics complaint that Petitioner had filed with the Commission. DECIDED: The December 7, 2017 meeting was properly noticed, the Commission noticed a permissible purpose for its November 14 and December 7, 2017 executive sessions, and the executive session discussions were permissible under FOIA. This Office was unable to determine whether the Commission conducted public votes to convene the executive sessions or whether the Commission’s December 7, 2017 vote to dismiss Petitioner’s complaint was publicly held as required by FOIA.


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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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