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2020 Op. Del. Att'y Gen. 1 (2020)

handle is hein.sag/sagde0067 and id is 1 raw text is: 






                                                              CIVIL DIVISION (302) 577-8400
                                                                  FAX: (302) 577-6630
                                 DEPARTMENT  OF JUSTICE     CRIMINAL DIVISION (302) 577-8500
                                   NEW CASTLE COUNTY              FAX: (302) 577-2496
    KATHLEEN   JENNINGS          820 NORTH FRENCH STREET     FRAUD DIVISION (302) 577-8600
       ATTORNEY GENERAL         WILMINGTON, DELAWARE 19801        FAX: (302) 577-6499

     OFFICE   OF  THE  ATTORNEY GENERAL OF THE STATE OF DELAWARE

                         Attorney General Opinion No. 20-IB01

                                    January 3, 2020

VIA  EMAIL

The Honorable John Kowalko
State Representative, 25th District
John. kowalkodel aware. gov

RE:    FOIA  Petition Regarding the Delaware Prosperity Partnership

Dear Representative Kowalko:

       We  write in response to your correspondence alleging that the Delaware Prosperity
Partnership (DPP) violated the Delaware Freedom of Information Act, 29 Del. C. §§ 10001-
10007 (FOIA).  We treat your correspondence as a Petition for a determination pursuant to 29
Del. C. § 10005(e) regarding whether a violation of FOIA has occurred or is about to occur. As
set forth below, we conclude that DPP is not a public body and is not required to respond to your
FOIA  request.


                                   BACKGROUND

       In 2017, the General Assembly enacted legislation adopting significant revisions to the
structure of the State's economic development initiatives.1 The revisions included the elimination
of the  Delaware  Economic  Development   Office and the  establishment of an economic
development division under the Department of State, designated as the Division of Small Business.
In this legislation, the General Assembly also created a Public/Private Partnership for economic
development purposes, expressly stating:

       The  General Assembly   further finds and declares that the creation of a
       Public/Private Partnership to attract large employers, innovative enterprises and
       international business opportunities while transferring duties formerly performed
       by the  Delaware  Economic  Development   Office to a  division within the
       Department of State is in the best interest of the State to foster development in an
       increasingly competitive economy.2

1      Del. H.B. 226, 149th Gen. Assem., 81 Del. Laws ch. 49 (2017).
2      29 Del. C. § 8701A.

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