Re: Freedom of Information Act Complaint Against Town of Laurel

Office of the Attorney General State of Delaware Opinion No. 02-IB18 August 19, 2002 Re: Freedom of Information Act Complaint Against Town of Laurel Mr. David F. Edwards, Jr. 114 Lakeside Drive Laurel, DE 19956 Dear Mr. Edwards: We received your letter on July 29, 2002 alleging that the Town of Laurel (“the Town” violated the Freedom of Information Act (“ FOIA ”) by not providing you with access to public records you requested. Specifically, you allege that by letter dated July 12, 2002 you asked for but did not receive a copy of “an annexation report” and the Town’s “2002 Comprehensive Development Plan.” 1 By letter dated July 30, 2002, we asked for the Town’s response, which we received on August 13, 2002. The Town acknowledged that there is not, as yet, a comprehensive development plan. Under FOIA , a public body is not required to create a document that does not exist. See Att’y Gen. Op. 96-IB28 (Aug. 8, 1996). According to the Town, the Town Manager sent you a copy of the annexation report on August 6, 2002. Because the Town has complied with that portion of your request, we find that issue resolved. Conclusion For the foregoing reasons, we determine that the Town did not violate the public records requirements of FOIA . Very truly yours, W. Michael Tupman Deputy Attorney General Approved Malcolm S. Cobin, Esquire State Solicitor Footnotes 1 You also allege that the Town has not complied with the requirements of Chapter 7 of Title 22 of the Delaware Code . That is not a FOIA issue, but we note that the establishment of a planning commission and a comprehensive development plan are within the discretion of a city or town. The Town has indicated that it is working on a plan with help from state planning officials and the University of Delaware.