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2025 Op. Del. Att'y Gen. 1 (2025)

handle is hein.sag/sagde0072 and id is 1 raw text is: 







                                                                       CIVIL DIVISION (302) 577-8400
                                                                       CRIMINAL DIVISION (302) 577-8500
                                                                DIVISION CIVIL RIGHTS Et PUBLIC TRUST (302) 577-5400
KATHLEEN JENNINGS                   DEPARTMENT  OF JUSTICE             FAMILY DIVISION (302) 577-8400
   ATTORNEY GENERAL                   820 NORTH FRENCH STREET          FRAUD DIVISION (302) 577-8600
                                     WILMINGTON, DELAWARE 19801            FAX (302) 577-2610


        OFFICE   OF  THE  ATTORNEY GENERAL OF THE STATE OF DELAWARE

                           Attorney General  Opinion No. 25-IBO1

                                       January 3, 2025


  VIA  EMAIL

  Randall Chase
  rchaosefapprg


         RE: FOIA Petition Regarding! the Delaware Office of   Lieutenant  Governor


  Dear Mr. Chase:

         We  write regarding your correspondence alleging that the Delaware Office of Lieutenant
  Governor (OLG)  violated the Delaware Freedom of Information Act, 29 Del. C. §§ 10001-10008
  (FOIA).  We treat your correspondence as a Petition for a determination pursuant to 29 Del. C.
  § 10005 regarding whether a violation of FOIA has occurred or is about to occur. For the reasons
  set forth below, we find that that the OLG violated FOIA by failing to assert and support the
  reasons for withholding records in its response to your July 31, 2024 request, by failing to
  demonstrate it performed an adequate search for records for your July 31, 2024 request, and by
  failing to properly assert the need for additional time for the remaining requests.


                                      BACKGROUND

         You submitted four FOIA requests to the OLG. The first request, sent July 31, 2024, stated
  the following:

                Pursuant to the Freedom of Information Act, 29 Del. Code 100, I am
                requesting copies of all records including but not  limited to
                contracts, agreements,   memoranda,   RFPs,   proposals,  bid
                documents, work orders, invoices, receipts, bills, vouchers, payment
                records, emails, letters, texts, faxes, direct messages and phone
                records related to expenditures made  by or on  behalf of the
                lieutenant governor's office to BGP Publicity Inc. and/or Bridget

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