8/29/2017 FOIA Opinion Letter to Mr. Frank "Dan" Cannon re: FOIA Complaint concerning the City of Seaford

PRINT VERISON: Attorney General Opinion No. 17-IB43 OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 17-IB43 August 29, 2017 VIA U.S. MAIL AND EMAIL Frank “Dan” Cannon 411 Nylon Blvd. Seaford, DE 19973 seafordski@hotmail.com RE: August 28, 2017 Correspondence Regarding the City of Seaford Dear Mr. Cannon: We are in receipt of your August 28, 2017 correspondence alleging that the Mayor and the Council of the City of Seaford (hereinafter collectively referred to as “the City”) have violated Delaware’s Freedom of Information Act (“FOIA”). Specifically, you allege that the City has violated FOIA by failing to present this Office’s July 11 and 18, 2017 FOIA determinations – Del. Op. Att’y Gen. 17-IB17 and Del. Op. Att’y Gen. 17-IB27 – to the public during the regular meetings of the City Council.  However, as we see nothing in Delaware’s FOIA that requires a public body to share or otherwise discuss this Office’s FOIA determinations at a public meeting, it is our determination that the City did not violate FOIA as alleged.  Indeed, we note that both opinions are publicly available at https://attorneygeneral.delaware.gov// . Very truly yours, /s/ Michelle E. Whalen __________________________________ Michelle E. Whalen Deputy Attorney General APPROVED BY: /s/ Aaron R. Goldstein ___________________________ Aaron R. Goldstein, State Solicitor (via email) cc: James Fuqua, Esq. (via email)