States, Cities and Counties
Here's a look at documents covering state government, cities and counties
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Rep. Kupper Warns Hobbs and Mayes That Withholding SNAP Data Risks Funding for Arizona Families
PHOENIX, Arizona, Dec. 5 -- The Arizona House Republicans issued the following news release on Dec. 4, 2025:
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Rep. Kupper Warns Hobbs and Mayes that Withholding SNAP Data Risks Funding for Arizona Families
Arizona State Representative Nick Kupper today sent a letter to Governor Katie Hobbs and Attorney General Kris Mayes urging them to stop blocking the release of data the U.S. Department of Agriculture requires to maintain federal SNAP funding.
On Tuesday, U.S. Agriculture Secretary Brooke Rollins stated that any state refusing to share SNAP data with the federal government risks losing
... Show Full Article
PHOENIX, Arizona, Dec. 5 -- The Arizona House Republicans issued the following news release on Dec. 4, 2025:
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Rep. Kupper Warns Hobbs and Mayes that Withholding SNAP Data Risks Funding for Arizona Families
Arizona State Representative Nick Kupper today sent a letter to Governor Katie Hobbs and Attorney General Kris Mayes urging them to stop blocking the release of data the U.S. Department of Agriculture requires to maintain federal SNAP funding.
On Tuesday, U.S. Agriculture Secretary Brooke Rollins stated that any state refusing to share SNAP data with the federal government risks losingfederal funding for the program. The data is needed to protect the integrity of SNAP by confirming eligibility, preventing misuse of taxpayer funds, and rooting out waste and fraud so that benefits go only to those who truly qualify. Arizona is now among the states facing that consequence due to decisions by the two Democratic state officials.
Representative Kupper warned that withholding the required information puts Arizona families at risk and could disrupt access to food assistance for eligible households. He called on Hobbs and Mayes to stop resisting federal requirements and to immediately provide the data.
"Families who follow the rules and rely on SNAP to get through the week should not be put at risk because the Governor and Attorney General are choosing political fights," Representative Kupper said. "The federal government has made the requirement clear. If Arizona refuses to comply, our state risks losing SNAP funding altogether. That outcome would punish people who legitimately need help. Governor Hobbs and Attorney General Mayes should reverse course and release the data so Arizona families are not left paying the price."
Representative Kupper said political maneuvering heading into an election year should not interfere with programs that provide food assistance to eligible residents.
A copy of Representative Kupper's letter is attached below.
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Nick Kupper is a Republican member of the Arizona House of Representatives serving Legislative District 25 which includes portions of Maricopa, Yuma, and La Paz Counties. He also serves as Vice Chairman of the House Ways & Means Committee.
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To: The Honorable Katie Hobbs, Governor of Arizona, 1700 West Washington Street, Phoenix, AZ 85007
The Honorable Kris Mayes, Attorney General of Arizona, 2005 North Central Avenue, Phoenix, AZ 85004
Dear Governor Hobbs and Attorney General Mayes,
Tuesday, the United States Secretary of Agriculture made it unambiguously clear that any state refusing to partner with the federal government in sharing data on SNAP program usage will lose federal SNAP funding. This is not a speculative warning. This is a direct statement about the consequences Arizona now faces.
Governor Hobbs, your decision to allow this data to be withheld, and Attorney General Mayes, your decision to pursue yet another lawsuit to block the sharing of this information, are causing real harm to Arizona's citizens. These actions put our state's most vulnerable families at immediate risk.
I fully understand that next year is an election year. But the well-being of our citizens is far more important than whether any of us gets reelected. The legal maneuvers and political stunts being undertaken here amount to little more than political theater. They do nothing to strengthen SNAP's integrity, they undermine it. The only people helped by withholding this data are those who do not qualify for SNAP, while those who legitimately need assistance are left to suffer the consequences.
I urge you both to set aside the partisan divide and do the right thing. Provide the necessary data to the federal government so that Arizona can remain in compliance and protect the SNAP program. Doing so ensures that families across our state can continue to put food on the table next week and in the years ahead. Failing to comply protects only those who are abusing the system, at the direct expense of the citizens who truly rely on it.
Our responsibility is to the people of Arizona. I ask you to act swiftly in their interest.
Respectfully,
Representative Nick Kupper, LD 25
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Original text here: https://www.azleg.gov/press/house/57LEG/2R/251204KUPPERLTR.pdf
Okla. A.G. Drummond Files Motion to Intervene in Case Against State Farm Over 'Hail Focus Initiative' Scheme
OKLAHOMA CITY, Oklahoma, Dec. 5 -- Oklahoma Attorney General Gentner Drummond issued the following news release on Dec. 4, 2025:
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Drummond files motion to intervene in case against State Farm over 'Hail Focus Initiative' scheme
Attorney General Gentner Drummond filed a motion to intervene today in a case against State Farm Fire and Casualty Company, alleging that the company operated a coordinated program to limit roof-related insurance payouts by denying or reducing valid hail and wind claims.
In an accompanying petition for intervention filed in Oklahoma County District Court, Drummond
... Show Full Article
OKLAHOMA CITY, Oklahoma, Dec. 5 -- Oklahoma Attorney General Gentner Drummond issued the following news release on Dec. 4, 2025:
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Drummond files motion to intervene in case against State Farm over 'Hail Focus Initiative' scheme
Attorney General Gentner Drummond filed a motion to intervene today in a case against State Farm Fire and Casualty Company, alleging that the company operated a coordinated program to limit roof-related insurance payouts by denying or reducing valid hail and wind claims.
In an accompanying petition for intervention filed in Oklahoma County District Court, Drummondasserts that while State Farm marketed its policies as providing full replacement-cost coverage, the company predetermined claim outcomes to meet corporate savings targets rather than honoring policy promises. Drummond is asking the court to award penalties, damages, structural reforms and the recovery of profits State Farm allegedly obtained through its scheme.
"Oklahomans are paying rising homeowners insurance premiums yet receiving less protection in return, as State Farm simultaneously pursues additional rate increases while allegedly escalating its claim denials and underpayment practices," Drummond said in the motion. "Oklahomans can weather inflation and Oklahoma storms, but they cannot withstand a system in which they are charged more while effectively insured less. Inflation and weather do not explain, let alone justify, the widening gap between what Oklahomans pay and what they receive."
Drummond said profiting from increased premiums while reducing claim fulfillment undermines public confidence in the insurance system and places Oklahoma homeowners at unacceptable risk.
"Protecting consumers from unfair and deceptive insurance practices is a core sovereign responsibility, and intervention is necessary to ensure that insurers operating in this State do not engage in unlawful conduct that leaves Oklahomans paying more for coverage they do not truly receive," he said.
The petition alleges that State Farm implemented an internal program, commonly referred to as the "Hail Focus Initiative," to drastically reduce roof indemnity payments in Oklahoma.
"Rather than adjust claims according to coverage language in its policies, State Farm secretly substituted restrictive, extra contractual standards and used those hidden standards to deny or minimize payment of legitimate covered losses," Drummond said in the petition.
The petition accuses State Farm of violating the Oklahoma Consumer Protection Act, the Oklahoma Racketeer-Influence and Corrupt Organization Act and the Oklahoma Deceptive Trade Practices Act. It also accuses State Farm of Civil Conspiracy and Unjust Enrichment.
The intervention follows an Aug. 12 letter to Oklahoma Insurance Commissioner Glen Mulready in which Drummond asked the Insurance Department to collaborate with his office to combat rising homeowners insurance premiums in Oklahoma.
Read the filing (https://oklahoma.gov/content/dam/ok/en/oag/news-documents/2025/december/FS-Mot.to.Intervene.2025.12.4.pdf).
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Original text here: https://oklahoma.gov/oag/news/newsroom/2025/december/case-against-state-farm-over-hail-focus-initiative-scheme.html
N.H. Gov. Ayotte Celebrates New Hampshire-Canada Friendship and Business Ties
CONCORD, New Hampshire, Dec. 5 -- Gov. Kelly Ayotte, R-New Hampshire, issued the following news release:
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Governor Ayotte Celebrates New Hampshire-Canada Friendship and Business Ties
Governor Invites Further Collaboration at Trade Council Reception
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On Wednesday, Governor Kelly Ayotte joined Canadian Consul General Bernadette Jordan at a New Hampshire Canadian Trade Council reception to celebrate the longstanding friendship and business ties between the Granite State and our neighbor to the north.
In September, Governor Kelly Ayotte led a multi-day international trade mission to Halifax,
... Show Full Article
CONCORD, New Hampshire, Dec. 5 -- Gov. Kelly Ayotte, R-New Hampshire, issued the following news release:
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Governor Ayotte Celebrates New Hampshire-Canada Friendship and Business Ties
Governor Invites Further Collaboration at Trade Council Reception
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On Wednesday, Governor Kelly Ayotte joined Canadian Consul General Bernadette Jordan at a New Hampshire Canadian Trade Council reception to celebrate the longstanding friendship and business ties between the Granite State and our neighbor to the north.
In September, Governor Kelly Ayotte led a multi-day international trade mission to Halifax,Nova Scotia, and Montreal and Quebec City, Quebec, focused on building strategic partnerships in advanced manufacturing, life sciences, and logistics.
"After a successful trade mission earlier this fall, I was glad to have the opportunity to celebrate the wonderful friendship and strong economic ties between New Hampshire and Canada," said Governor Ayotte. "As the best state in America for economic opportunity and the freest place in North America, there is no better place for Canadian companies looking to grow than the Granite State. Together with our business community, members of the New Hampshire Canadian Trade Council, and our friends in Canada, we'll keep working to help people and businesses thrive on both sides of our border."
Since 1991, the New Hampshire Canadian Trade Council (NHCTC) has worked to promote cross-border economic and cultural interests. Council members include legislators, state officials, and business leaders from around the Granite State.
New Hampshire Canadian Trade Council Chairman and State Senator Tim McGough said, "We were proud to host yesterday's reception to celebrate the great work done this year to foster even stronger ties between New Hampshire and Canada. As part of the Governor's trade mission delegation back in September, I had the opportunity to see firsthand just how beneficial this relationship is to the future of our state. I look forward to working with the Governor, my colleagues in the Legislature, and the business community in both Canada and New Hampshire to build on the progress we've made in the new year."
"The New Hampshire Canadian Trade Council is proud to play a role in strengthening our enduring friendship and economic relationship with Canada," said New Hampshire Secretary of State and member of the NHCTC, David Scanlan. "I was proud to be a part of our effort to welcome more Canadian businesses to the Granite State at our reception in Quebec in September, and I look forward to working with the Governor and my fellow Trade Council members to further develop this important relationship to the benefit of both countries."
Canada and New Hampshire have developed a vital and prosperous trade relationship. Canada was New Hampshire's second largest export market in 2024, with exported goods valued at $1.2 billion in aviation parts and equipment, industrial machinery, and more. Canada was New Hampshire's largest source of imported goods last year, with imports valued at $1.7 billion, largely in the energy, wood product, and industrial machinery sectors.
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Original text here: https://www.governor.nh.gov/news/governor-ayotte-celebrates-new-hampshire-canada-friendship-and-business-ties
Modus21 LLC Expands Charleston County Operations
COLUMBIA, South Carolina, Dec. 5 -- The South Carolina Department of Commerce posted the following news from Modus21 LLC:
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Modus21, LLC expands Charleston County operations
$1.1 million investment will create 80 new jobs
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Modus21, LLC (Modus21), a business technology consulting firm, today announced it is expanding its operations in Charleston County. The company's $1.1 million investment will create 80 new jobs.
Founded in 2004, Modus21 is a small business headquartered in Charleston providing technology consulting services to commercial and defense customers. The company's core capabilities
... Show Full Article
COLUMBIA, South Carolina, Dec. 5 -- The South Carolina Department of Commerce posted the following news from Modus21 LLC:
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Modus21, LLC expands Charleston County operations
$1.1 million investment will create 80 new jobs
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Modus21, LLC (Modus21), a business technology consulting firm, today announced it is expanding its operations in Charleston County. The company's $1.1 million investment will create 80 new jobs.
Founded in 2004, Modus21 is a small business headquartered in Charleston providing technology consulting services to commercial and defense customers. The company's core capabilitiesinclude Model Based Systems Engineering (MBSE), agile software development, DevSecOps, systems and software integration, cloud computing, business process re-engineering and automation, and cybersecurity services.
Located at 1362 McMillan Ave. in North Charleston, Modus21 is expanding its existing corporate facilities and equipment to support new job creation and its Cloud Innovation Lab (CIL).
Operations are already online. Individuals interested in joining the Modus21 team should visit the company's careers page.
The Coordinating Council for Economic Development awarded a $50,000 Set-Aside grant to Charleston County.
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QUOTES
"We are incredibly grateful to receive this $50,000 grant which represents a significant investment in both our company's future and our community's economic value. This funding will enable us to expand our facilities and create new job opportunities, while positioning us to continue innovating and growing. As a small business, this support is transformative as it allows us to scale our operations, invest in our workforce and deepen our roots in this community."
-Modus21 CEO Peter Woodhull
"Modus21's investment once again proves that South Carolina is place where businesses can thrive. We celebrate the new jobs this expansion will create and applaud the company's decision to further invest in Charleston County."
-Gov. Henry McMaster
"It is always gratifying to see a South Carolina-based business find success and continue to invest in the state. Congratulations to Modus21 and Charleston County on this announcement and 80 new opportunities it will bring to the Lowcountry."
-Secretary of Commerce Harry M. Lightsey III
"We are delighted to see Modus21 expanding in Charleston County, adding 80 new, knowledge-based jobs to our region. This announcement reinforces our commitment to building a diverse, resilient economy that provides high-quality opportunities for our citizens."
-Charleston County Council Chairman Rev. Dr. Kylon Jerome Middleton
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Fast Facts
* Modus21, LLC (Modus21) is expanding its operations in Charleston County.
* The company's $1.1 million investment will create 80 new jobs.
* Modus21 is a business technology consulting firms.
* The company is located at 1362 McMillan Ave. in North Charleston, S.C.
* Individuals interested in joining the Modus21 team should visit the company's careers page.
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Original text here: https://www.sccommerce.com/news/modus21-llc-expands-charleston-county-operations
Minn. Gov. Walz Statement on November Budget and Economic Forecast
ST. PAUL, Minnesota, Dec. 5 -- Gov. Tim Walz, D-Minnesota, issued the following statement on Dec. 4, 2025:
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Governor Walz Statement on November Budget and Economic Forecast
Governor Tim Walz released the following statement on the State of Minnesota's November Budget and Economic Forecast issued today by Minnesota Management and Budget (MMB):
"Despite the President's tariffs and destabilization of health care costs, Minnesota's annual budget forecast has improved in both the short and long term thanks to the responsible budgeting we've done in Minnesota.
"Today's snapshot does show uncertainty.
... Show Full Article
ST. PAUL, Minnesota, Dec. 5 -- Gov. Tim Walz, D-Minnesota, issued the following statement on Dec. 4, 2025:
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Governor Walz Statement on November Budget and Economic Forecast
Governor Tim Walz released the following statement on the State of Minnesota's November Budget and Economic Forecast issued today by Minnesota Management and Budget (MMB):
"Despite the President's tariffs and destabilization of health care costs, Minnesota's annual budget forecast has improved in both the short and long term thanks to the responsible budgeting we've done in Minnesota.
"Today's snapshot does show uncertainty.I don't think that's any surprise to Minnesotans who have seen impacts on their own family budgets: It's no surprise to anyone who has looked at their health care premiums for next year. It's no surprise to anyone who has gone out to buy anything from a new car to a cup of coffee and seen a new tariff reflected on their bill.
"But in Minnesota, we know how to balance a budget. It's what we've done for the last seven years, and it's what we'll continue to do. We're standing on a solid foundation, and we have the tools to continue managing a budget that makes Minnesota a great place to live."
More information is available through Minnesota Management and Budget (https://mn.gov/mmb/forecast/forecast/).
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Original text here: https://mn.gov/governor/newsroom/press-releases/#/detail/appId/1/id/715239
Kansas District Magistrate Judges Association Elects Officers
TOPEKA, Kansas, Dec. 5 -- The Kansas Supreme Court issued the following news release on Dec. 4, 2025:
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Kansas District Magistrate Judges Association elects officers
The Kansas District Magistrate Judges Association recently elected its officers for 2026 during an annual statewide conference for judges.
District Magistrate Judge Rebecca Stewart, Chautauqua County, was elected president of the organization. Chautauqua County is in the 14th Judicial District, which is composed of Chautauqua and Montgomery counties.
"I thank the association members for their trust in me," Stewart said. "Kansas
... Show Full Article
TOPEKA, Kansas, Dec. 5 -- The Kansas Supreme Court issued the following news release on Dec. 4, 2025:
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Kansas District Magistrate Judges Association elects officers
The Kansas District Magistrate Judges Association recently elected its officers for 2026 during an annual statewide conference for judges.
District Magistrate Judge Rebecca Stewart, Chautauqua County, was elected president of the organization. Chautauqua County is in the 14th Judicial District, which is composed of Chautauqua and Montgomery counties.
"I thank the association members for their trust in me," Stewart said. "Kansasis blessed to have such a talented and capable magistrate judiciary, and it is an honor to lead this organization."
Stewart is a graduate of Oklahoma State University and Oklahoma City University of Law. She has been a magistrate judge since 2020. Before becoming a judge, she was an in-house general counsel specializing in employment law and labor relations. She and her husband, Mark, live on their ranch in rural Chautauqua County and have four children.
Stewart previously served as the association's first vice president and southeast at-large director.
Other officers elected were:
* District Magistrate Judge John McEntee, first vice president. He serves in Johnson County, which is the 10th Judicial District.
* District Magistrate Judge Jody Enfield, second vice president. He serves in Norton County of the 17th Judicial District.
* District Magistrate Judge Crystal Miner, third vice president. She serves in Russell County of the 20th Judicial District.
Officers re-elected were:
* District Magistrate Judge Shannon Schmidt, secretary. She serves in Smith County of the 17th Judicial District.
* District Magistrate Judge Scott McPherson, treasurer. He serves in Harper County of the 30th Judicial District.
Re-elected to serve as members at large were:
* District Magistrate Judge Curtis Sample, northeast director. He serves in Johnson County, which is the 10th Judicial District.
* District Magistrate Judge Richard Ress, northwest director. He serves in Thomas County of the 15th Judicial District.
* District Magistrate Judge Christopher Velez, southwest director. He serves in Hamilton County of the 25th Judicial District.
* District Magistrate Judge David Maslen, southeast director. He serves in Cowley County which is the 19th Judicial District.
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Original text here: https://kscourts.gov/Newsroom/News-Releases/News/2025-News-Releases/December/Kansas-District-Magistrate-Judges-Association-elec
Del. Deputy A.G. Cole Issues Opinion on Freedom of Information Act Petition Regarding City of Dover
DOVER, Delaware, Dec. 5 -- Delaware Deputy Attorney General Dorey L. Cole issued the following opinion (No. 25-IB59) on Dec. 4, 2025:
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To: Maggie Reynolds, Spotlight Delaware, mreynolds@spotlightdelaware.org
RE: FOIA Petition Regarding the City of Dover
Dear Ms. Reynolds:
We write in response to your correspondence alleging that the City of Dover violated Delaware's Freedom of Information Act, 29 Del. C. Sec.Sec. 10001-10008 ("FOIA"). We treat this correspondence as a Petition for a determination pursuant to 29 Del. C. Sec. 10005 of whether a violation of FOIA has occurred or is about
... Show Full Article
DOVER, Delaware, Dec. 5 -- Delaware Deputy Attorney General Dorey L. Cole issued the following opinion (No. 25-IB59) on Dec. 4, 2025:
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To: Maggie Reynolds, Spotlight Delaware, mreynolds@spotlightdelaware.org
RE: FOIA Petition Regarding the City of Dover
Dear Ms. Reynolds:
We write in response to your correspondence alleging that the City of Dover violated Delaware's Freedom of Information Act, 29 Del. C. Sec.Sec. 10001-10008 ("FOIA"). We treat this correspondence as a Petition for a determination pursuant to 29 Del. C. Sec. 10005 of whether a violation of FOIA has occurred or is aboutto occur. As discussed more fully herein, we determine that the City violated FOIA by failing to demonstrate it appropriately denied access to the requested records.
BACKGROUND
On September 26, 2025, you submitted a FOIA request seeking "all emails, text messages and/or written communications sent from or received by Dover Police Chief Thomas Johnson and/or Mayor Robin Christiansen beginning May 1, 2025 that include the following key words: 'FOP' and/or 'Fraternal Order of Police' and/or 'no confidence' and/or 'resign' and/or 'Mullaney' and/or 'Penn State' and/or 'PSU' and/or 'NOCAP' and/or 'town hall' and/or 'Lewis' and/or 'Brian' and/or 'Sudler' and/or 'Roy' and/or 'Fenwick Island' and/or 'city vehicle.'"[1] The City denied access to the requested records, invoking the pending or potential litigation exemption. This Petition followed.
In the Petition, you argue that the City's denial is inappropriate, because it does not meet the two-prong test to apply the potential litigation exemption. You allege that none of the indicators of litigation are present, nor did the City point to any such indicators in its response. You point out that the exemption for potential litigation does not include an unrealized or idle threat of litigation. You assert that your request was submitted "as part of [your] reporting process, which is underscored by the belief in the public's right to engage openly with their elected leaders."[2]
On November 12, 2025, the City, through its legal counsel, responded to this Petition ("Response"). The City's counsel asserts that the FOP filed complaints with the Delaware Department of Justice ("DOJ") and the Internal Affairs Commander. The City's counsel also states that the City filed a complaint with the DOJ regarding an anonymous source. The City's counsel details the factual background that led up to two pending complaints filed with the DOJ and the internal affairs investigation. The City argues that your request specifically relates to these pending matters. Due to the referrals to the DOJ, the City alleges that litigation is being actively pursued, and the potential litigation exemption is appropriate. In addition to this exemption, the City states that its response also should have included the exemption in Section 10002(o)(6) for any records specifically excluded from public disclosure by statute, as the Law Enforcement Officers' Bill of Rights provides for the confidentiality of records compiled as part of an internal affairs investigation.
DISCUSSION
Delaware's FOIA law "was enacted to ensure governmental accountability by providing Delaware's citizens access to open meetings and meeting records of governmental or public bodies, as well as access to the public records of those entities."[3] FOIA requires that citizens be provided reasonable access to and reasonable facilities for the copying of public records.[4] The public body has the burden of proof to justify its denial of access to records.[5] In certain circumstances, a sworn affidavit may be required to meet that burden.[6]
In this case, the City claims that the materials are exempt under the potential litigation exemption. Section 10002(o)(9) exempts "records pertaining to pending or potential litigation which are not records of any court."[7] To apply the potential litigation exemption, the Superior Court of Delaware adopted a two-prong test: "(1) litigation must be likely or reasonably foreseeable; and (2) there must be a 'clear nexus' between the requested documents and the subject matter of the litigation."[8] "When determining whether litigation is 'likely or reasonably foreseeable,' the public body should look for objective signs that litigation is coming."[9] These signs may include a "written demand letter in which a claim is asserted, or action is demanded, [which] may give rise to a proper inference that litigation will soon follow."[10] Other indicators may include prior litigation between the parties, proof of ongoing litigation with similar claims, or retention of legal counsel with respect to the claim at issue and expression of an intent to sue. These are examples of potential signs, but whatever indicator is used, a public body must be able to point to a realistic and tangible threat of litigation with reference to objective factors.
In this case, your request sought communications between the Mayor and the Police Chief regarding certain key words, including "'FOP' and/or 'Fraternal Order of Police' and/or 'no confidence' and/or 'resign' and/or 'Mullaney' and/or 'Penn State' and/or 'PSU' and/or 'NOCAP' and/or 'town hall' and/or 'Lewis' and/or 'Brian' and/or 'Sudler' and/or 'Roy' and/or 'Fenwick Island' and/or 'city vehicle.'"[11] The City did not provide statements under oath to support the factual background regarding how these terms relate to potential litigation; however, the City provided press releases from the FOP as evidence. The August 26, 2025 press release states that the FOP approved a vote of no confidence against the Police Chief. In the September 5, 2025 press release, the FOP announced it had received documents from an anonymous source that substantiates its December 2022 complaint to the City against the Police Chief, and as a result, the FOP filed an official complaint with the DOJ's Division of Civil Rights and Public Trust. The press release states that the FOP followed this complaint with another complaint to the Internal Affairs Commander. Neither the contents of these FOP complaints, nor the existence of the City's complaint regarding the anonymous source, are described in the press releases.
While the September 5, 2025 press release reveals that potential litigation exists regarding the FOP's complaint to the Department of Justice, the second prong of the two-part test is not met. That is, the City has not demonstrated that these records have a clear nexus to the potential litigation. Instead, the City presented the unsworn factual statements of its counsel to support its denial, which is not sufficient to meet the burden.[12] As such, we must find that the City failed to establish the requested records are exempt under the potential litigation exemption.
The City also asserts that responsive records may be statutorily exempt under the Law Enforcement Officers' Bill of Rights, as the documents you are seeking were compiled as part of an internal affairs investigation and are not subject to disclosure. The City provided the press release indicating that an internal affairs investigation was initiated, but without additional sworn representations or other competent evidence to demonstrate whether any requested records are subject to nondisclosure under 29 Del. C. Sec. 10002(o)(6), we also must find that this exemption was not adequately supported.[13] Based on these two findings, we determine the City violated FOIA in denying access to the records and recommend that, within the timeframes provided in Section 10003, the City review its responsive records and determine whether any records, or parts thereof, should be made available to you, as appropriate under FOIA and supplement its response to the request in light of this Opinion.
CONCLUSION
For the reasons set forth above, we conclude that the City violated FOIA by failing to demonstrate it appropriately denied access to the requested records.
Very truly yours,
/s/ Dorey L. Cole, Deputy Attorney General
Approved:
/s/ Patricia A. Davis, State Solicitor
cc: Daniel A. Griffith, City Solicitor
Footnotes:
[1] Petition.
[2] Id.
[3] Judicial Watch, Inc. v. Univ. of Del., 267 A.3d 996, 1004 (Del. 2021).
[4] 29 Del. C. Sec. 10003(a).
[5] 29 Del. C. Sec. 10005(c).
[6] Judicial Watch, Inc., 267 A.3d at 1008-1012.
[7] 29 Del. C. Sec. 10002(o)(9).
[8] ACLU v. Danberg, 2007 WL 901592, at *4 (Del. Super. Mar. 15, 2007).
[9] Id.
[10] Id.
[11] Petition.
[12] Judicial Watch, Inc., 267 A.3d 996 at 1010-11 ("And the Court has held that when an attorney seeks to establish facts based on personal knowledge, those facts must be asserted under oath. A statement made under oath, like a sworn affidavit, will ensure that the court's determination regarding the public body's satisfaction of the burden of proof is based on competent evidence.").
[13] See Flowers v. Office of the Governor, 167 A.3d 530, 549 (Del. Super. 2017) (finding that a detailed written submission of the reasons for withholding the records along with an affidavit from legal counsel who attested to personally reviewing the records and affirming the basis for withholding records was sufficient to meet the burden, as it showed that "the Governor's Office carefully applied well-recognized privileges with a clear understanding of those privileges when it applied them"); Judicial Watch, Inc., 267 A.3d at 1010-11 (requiring facts to be submitted under oath to justify the denial of records).
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Original text here: https://attorneygeneral.delaware.gov/2025/12/04/25-ib58-12-04-2025-foia-opinion-letter-to-maggie-reynolds-re-city-of-dover/
