The relevant facts asserted in your Complaint are as follows. You alleged that the agenda for the December 13, 1994 regular monthly meeting of the Mayor and Council of New Castle City failed to refer to any action regarding the consideration of an ordinance (No. 352) reducing the compensation of the Mayor for serving as the Judge of Mayor's Court. The agenda for the January 10, 1995 meeting of the Mayor and Council lists under the "Old Business" section the third and final reading of this ordinance. The Complaint further asserted that the January, 1995 agenda incorrectly indicated that City Council gave a first and second reading of the ordinance at the December meeting without proper notification required by the Delaware Freedom of Information Act ("FOIA"). Additionally, you alleged that the addition of the proposed ordinance on the agenda at such a late date prior to a meeting violated FOIA as well as the New Castle City Charter.2 Based on the above allegations, you requested that the action taken by the Council at the January 10, 1995 meeting in relation to the ordinance reducing the compensation of the Mayor for serving as Judge of the Mayor's Court be voided.
The response by the President of the Council submitted on March 16, 1995 noted that the Complainant submitted only one (1) agenda for the December 13, 1994 meeting which was posted on December 6, 1994. According to the records provided by Council, the agenda changed after that date. The amended agenda for the December 13, 1994 Council meeting posted on
2 Pursuant to 29 Del. C. § 10005(e) the Attorney General is required to determine whether a violation of FOIA has occurred or is about to occur. In that the determination of this matter concerns FOIA, this opinion shall not address the allegations of violations of the New Castle City Charter and this office does not have jurisdiction over these allegations.