The complainant stated that the Board has denied his informal request for information. In his November 15, 1994 complaint the complainant requested the following information:
"1. How many petitions were filed with the Board?
2. How many petitions did the Board review on November 16, 1994?
3. What type of review process does the Board use to review petitions?
4. What type of review did my petition receive?
5. What basis did the Board use to grant or deny my petition?"
Subsequent to receiving the complaint this office requested and the parties complied with an informal letter memoranda briefing schedule. For the reasons which follow, this office finds that the Board is not a public body within the meaning of 29 Del. C. §10002(a) and therefore it does not fall within the provisions of the Freedom of Information Act, 29 Del. C. Ch. 100.
The Board correctly points out that the definition of public body as it appears in 29 Del. C. §10002 was amended as a result of the Delaware Supreme Court's decision in Delaware Solid Waste Authority v. News Journal, Del. Supr., 480 A.2d 628, 632 (1984). The definition of public body as it appears in the current version of §10002(a) is as follows:
(a) "Public body" means, unless specifically excluded, any regulatory, administrative, advisory, executive, appointive or legislative body of the State, or of any political subdivision of the State, including , but not limited to, any board, bureau, commission, department, agency, committee, ad hoc committee, special committee, temporary committee, advisory board and committee, subcommittee, legislative committee, association, group, panel, council or any other entity or body established by an act of the General Assembly of the State, or established by any body established by the General Assembly of the State, or appointed by any body or public official of the State or otherwise empowered by any state governmental entity, which: (1) Is supported in whole or in part by any public funds; or (2) expends or disburses any public funds, including grants, gifts or other similar disbursals and distributions; or (3) is impliedly or