December 12, 1994 gave public notice of the first and second reading of the ordinance reducing the compensation of the Mayor for serving as Judge of the Mayor's Court. The Council meeting minutes from December 13, 1994 established that the first and second reading of the ordinance did occur and the ordinance was adopted. The documents presented by the Council clearly showed that the revised agenda was posted on December 12, 1994, one (1) day prior to the December 13 meeting. There was no dispute that the agenda for the regular monthly meeting which was seven (7) days prior to the meeting on December 6 did not provide notice of the first and second reading of the ordinance, however, a later agenda posted on December 12 did provide such notice.
The response by Council also denied that the agenda for the January 10, 1995 meeting was posted on January 10, 1995 as alleged in the Complaint. The Council contended that the agenda for this meeting was first posted on January 3, 1995. The response further denied that the agenda of the January 10 meeting violated FOIA because a third and final reading of the ordinance did occur at said meeting and was unanimously approved. The Council in its submission contended that the omission of the reference to the first and second readings on the agenda for the December 13, 1994 meeting was merely an administrative oversight and not a substantive violation of FOIA. To support this contention, the Council cited Ianni v. Department of Elections of New Castle County, Del. Ch., Nos. 8590, 8591 Consolidated, slip op., Allen, C. (August 29, 1986) for the proposition that a technical violation of 29 Del. C. § 100 et seq. did not warrant relief or intervention pursuant to 29 Del. C. § 10005(e). Council further argued that the public would not have benefited from an explanation of why the posting of the agenda item in