The Board contends that FOIA does not require that an agenda include a provision regarding possible changes or additions.
We agree with the Board. FOIA expressly provides that where an agenda is posted with notice of a public meeting, as in this case, such agenda "shall be subject to change to include additional items including executive sessions or the deletion of items including executive sessions which arise at the time of the public body's meeting." 29 Del. C. § 10004(e)(2). FOIA does not limit the ability to make changes to the agenda to cases where the agenda specifically states that it is subject to change. Id. In addition, FOIA defines an agenda as including a "general statement of the major issues expected to be discussed at a public meeting, as well as a statement of intent to hold an executive session and the specific ground or grounds therefor." 29 Del. C. § 10002(f). Thus, the definition of agenda does not contemplate that an agenda include the language suggested by the Complainant.
Accordingly, we find that the Board did not violate FOIA by allowing changes to the agenda in the absence of language indicating that changes may be made.
The Complaint next alleges that the Board violated the open meeting requirement of 29 Del. C. § 10004 in that four of its members met privately in the Superintendent's office for