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2017 Op. Del. Att'y Gen. 1 (2017)

handle is hein.sag/sagde0064 and id is 1 raw text is: DEPARTMENT OF JUSTICE MATTHEW P. DENN 820 NORTH FRENCH STREET PHONE (302) 577-8400 ATTORNEY GENERAL WILMINGTON, DELAWARE 19801 FAX (302) 577-2610 OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 17-IB01 February 3, 2017 VIA EMAIL Randall Chase Jessica Reyes Associated Press The News Journal rchase@ap.org jmreyes@wilmingt.gannett.com Re: FOIA Petitions Concerning the City of Dover Dated January 13, 2016 Dear Mr. Chase and Ms. Reyes: On January 13, 2016, the Delaware Department of Justice received your petitions seeking a determination of whether the City of Dover (City) violated Delaware's Freedom of Information Act, 29 Del. C. §§ 10001-10007 (FOIA) in connection with your January 5, 2016 requests for records. As discussed more fully below, we conclude that the City violated FOIA by failing to provide you with the requested record. I. BACKGROUND On January 5, 2016, you each submitted similar requests (hereinafter collectively referred to as the Requests) to the City seeking a copy of the settlement agreement in the matter of Lateef Dickerson v. City of Dover (C.A. No. 14-1244-RGA), which was litigated in the United States District Court for the District of Delaware. On January 8, 2016, you each received an email from the City denying your respective requests on the basis that the settlement agreement was not a public record as defined in 29 Del. C. § 10002(1) and, as a result, was not subject to disclosure. The January 8, 2016 email referenced - and included as an attachment - a January 8, 2016 letter (Response Letter) from Mr. Daniel Griffith, who was retained by Travelers' Insurance Company (Travelers) to represent the City in the aforementioned litigation.1 The Response Letter sets forth the factual bases and legal authorities upon which Mr. Griffith relied in forming his conclusion that the settlement agreement is not subject to disclosure under FOIA. 1 Response Letter at 1 (The Requests have been forwarded to me inasmuch as I was retained by the City of Dover's liability insurance carrier, Travelers, to represent the City of Dover in the Litigation.).