CIVIL DIVISION (302) 577-8400 FAX. (302) 577-6630 DEPARTMENT OF JUSTICE CRIMINAL DIVISION (302) 577-8500, NEW CASTLE COUNTY. FAX: (902) 57-2496 MATTHEW P. DENN 820 NORTH FRENCH STREET FRAUD DIVISION (302) 577-8600 ‘ATTORNEY GENERAL WILMINGTON, DELAWARE 19801 FAX: (302) 577-6499, August 8, 2017 VIA EMAIL Kevin Ohlandt 9 Crosley Ct. Dover, DE 19904 kevino3670@yahoo.com RE: May 10, 2017 Correspondence Regarding the Family Services Cabinet Council Dear Mr. Ohlandt: I write regarding your August 7, 2017 email, wherein you disagree with the conclusion reached in our August 7, 2017 legal opinion, Del. Op. Att'y Gen, 17-IB37. Specifically, you cite to 14 Del, C. § 1605A as “categorical proof that the Family Services Cabinet Council IS a public body as defined within Delaware State Code.” While we recognize that Section 1605A might suggest that the Family Services Cabinet Council is a public body, we disagree with your position as a matter of law. In reaching our conclusion, we were indeed aware of 14 Del. C. § 1605A, as well as 14 Del. C. § 122(b)(19), which addresses the responsibilities of the Delaware Department of Education, Notably, however, those Code provisions were enacted in the 1990°s and were based upon the Council as it existed under original executive order referenced in our August 7, 2017 opinion.' We have no reason to believe that the entity at issue in our August 7 opinion, which was established by executive order in 2017 under the same name,” is subject to the aforementioned Code provisions. Additionally, the executive order that defines the responsibilities of the Council does not include any express or implied authority to disburse funds. Consistent with that lack of authority, the executive order at issue specifically eliminated certain implementation aspects of the : ‘The provision originated with House Bill No. 247, 137th Gen. Ass. (1994) and became Section 160SA with House Bill No. 284, 138th Gen. Ass. (1995). Section 122(b)(19) was originated with House Substitute No. | to House Bill No. 1, 138th Gen. Ass. (1997). 2 We note that the Council was not created by an Act of the General Assembly. 1Couneit’s responsibilities. As such, the statutory provision you reference in your letter does not alter our legal conclusion.? In any event, to the extent you disagree with your legal determination, you retain the right to pursue this matter with the courts. Indeed, we note that 29 Del. C. § 10005(a) permits you to forego the petition process altogether if you wish to challenge whether an entity is a “public body” for purposes of FOIA in the future, As our role in this matter has been concluded, we view this, matter as closed. ‘Aaron R. Goldstein State Solicitor ce: LaKresha S. Roberts, Chief Deputy Attorney General (via email) Michelle E. Whalen, Deputy Attorney General (via email) Danielle Gibbs, Esq. (via email) Itis important to note that our conclusion in this case is based specifically upon the content of the executive order and as clarified by the Office of the Governor's submissions to our Office. If the operational status of the Council changes, its status with respect to FOIA could change as well. 2