Delaware Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Delaware, with full citations and the original source on every page.
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If a Delaware school board explains in writing why a teacher was put on leave, does it also have to hand over her personnel file to a concerned parent?
No, under the law as it stood in 1995. The AG found that Woodbridge School District had complied with FOIA when it explained in writing why a teacher had taken a leave of absence and offered to meet…
Could Delaware's tax division get Social Security numbers from the DMV's driver records to enforce state tax laws?
Yes, under the law as it stood in 1995. The AG concluded that Delaware's Division of Revenue could access Social Security numbers held in Division of Motor Vehicles records, through the state's…
If a Delaware town council votes on something that wasn't on the meeting agenda, can it fix the problem by voting again the right way?
Yes, under the law as it stood in 1995. The AG found that Georgetown's Town Council violated FOIA when it voted to evict the Chamber of Commerce from Town Hall without listing the matter on the…
If someone sues in court over a Delaware records request, does the Attorney General still rule on the same FOIA complaint?
No, under the law as it stood in 1995. The AG found that once a complainant filed a Superior Court lawsuit that included a FOIA count over the same records dispute, her separate petition asking the…
Can a Delaware governor's advisory council hold private meetings with invited guests under the state's open-meetings law?
No, under the law as it stood in 1995. The AG concluded that the Governor's Council on Equal Employment Opportunity qualified as a public body under FOIA because it was partly funded with public…
If only two of five school board members attend an informal staff meeting, does that violate Delaware's open meeting law?
Not on this record. The opinion found that two of the Woodbridge School District's five board members attending an informal 'administrative-staff meeting' did not violate the open meeting law, since…
How specific does a Delaware public records request have to be for the city to have to respond to it?
Under the law as it stood in 1995, a request must describe the documents sought specifically enough for the public body to actually locate them. A resident's request for information on the status of…
If a Delaware city council adds an ordinance to a revised agenda without explaining the delay, what can the AG do?
The AG found a FOIA violation because New Castle's revised agenda did not state why the ordinance item had been posted late. The mayor had asked that the council's action be voided, but the AG did…
Can Delaware school districts refuse to release the names of teachers along with their salaries in a public records request?
No. The opinion found that teachers' names, paired with their salary, position, and years of service, were public records under Delaware's FOIA, and ordered five school districts to produce them,…
If Delaware school board members meet with fewer than a quorum present, can that still violate the state's open meeting law?
The opinion found that the Woodbridge School District's January 1995 breakfast meeting again violated Delaware's open meeting law for the same reasons as a prior decision, and warned that even a…
Are professional license applications filed with a Delaware licensing board open to public inspection?
Mostly yes. The opinion found that applications filed with Delaware's Committee on Massage/Bodywork Practitioners were public records subject to inspection, except that any criminal history…
Could a Delaware licensing board member keep serving after her three-year term expired if the Governor hadn't yet appointed a replacement?
Yes, under the law as it stood in 1995. The AG concluded that a Delaware Board of Nursing member whose three-year term had expired could continue serving and exercising full Board powers until a…
Could Delaware withhold apprentices' names and wages from a public records request because the paperwork was stamped confidential?
Yes, under the law as it stood in 1995. The AG advised Delaware's Division of Employment and Training not to release information from agreements bearing a confidentiality stamp because the signer…
Could a Delaware school district charge for staff time spent gathering public records, on top of copying fees, under the old FOIA fee rules?
No, under the law and the district's own regulation as they stood in 1995. The AG ordered the Woodbridge School District to refund $89.94 to a resident after finding the district charged her for six…
Are prevailing-wage payroll records that contractors file with Delaware's Department of Labor public records?
Mostly yes, under the law as it stood in 1995. The AG concluded that sworn payroll records contractors file with the Department of Labor under the prevailing wage law are public records subject to…
Does Delaware's open records law give the public access to Court on the Judiciary disciplinary proceedings?
No, under the law as it stood in 1995. The AG found that proceedings before Delaware's Court on the Judiciary are not subject to FOIA's open meeting requirements, because the Court's deliberations…
Can a Delaware school board avoid the state's open meeting law by calling a gathering an informal 'breakfast meeting'?
Yes. The opinion found that when a quorum of the Woodbridge School District's Board attended a monthly staff breakfast where invited employees discussed suggestions for the school system in their…
Is the Delaware Board of Bar Examiners subject to the state's Freedom of Information Act?
No. The opinion found the Board of Bar Examiners was a de facto arm of the Delaware Supreme Court, created under the Court's exclusive constitutional authority over bar admissions, so it fell…
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Attorney general opinions in Delaware are written by the Delaware Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.