Ms. Sharon Yealey
P.O. Box 151
Townsend, DE 19734-0151
RE: FOIA Complaint/Town of Townsend
Dear Ms. Yealey:
On October 27, 1999, you filed a Freedom
of Information Complaint with our office against the Town of Townsend alleging
two violations, one dealing with the declaration of a trick or treat night
and the other relating to mandatory trash collection. The issue relating
to the trick or treat night was addressed previously in my letter of October
29, 1999.
By my aforesaid letter of October 27, 1999,
I requested that the Town Council respond to your complaint that the Town
had came to a resolution relating to mandatory trash collection without
proper public notice. Specifically, I asked ". . . whether the agenda contained
a notice that the issue would be discussed and voted upon at the Council
meeting. If the Council believes that the issue was not one that required
agenda notice, please explain the basis for that belief.
By letter of November 22, 1999, the Town
Council, through its attorney, notified me that "[t]he Town has not taken
an official action on that issue. They will be holding a public hearing
and then taking official Council action. It is my understanding that they
do intend to make trash collection mandatory." In a subsequent letter,
I requested that the Town Council provide me with the agenda and minutes
for the meeting of October 6, 1999. I received the Town Council's reply
including the minutes and agenda for October 6, 1999, on December 14, 1999.
Under new business on the agenda, the Council
included item IX. (C) "Mandatory Trash Collection For All Residents." The
agenda was properly posted in accordance with 29 Del.C. §10004.
The minutes show that there was a full
discussion of the issue of mandatory trash collection and that upon motion
made and passed by a majority of the Council, mandatory collection was
adopted and procedures established to have the mandatory trash collection
commence on January 1, 2000. A copy of the agenda and Council minutes are
enclosed.
Since the only Freedom of Information Act
issue presented to this office by your complaint was whether there was
adequate legal notice for any Town action relating to mandatory trash collection,
we find that the agenda and minutes meet all of the requirements set by
the Freedom of Information Act. Having found that no violation occurred,
no further action will be taken upon your complaint of October 27, 1999.
Very truly yours,
Michael J. Rich
State Solicitor
MJR/sam
encl.
cc: Clifford B. Hearn, Jr., Esquire (w/o encl.)
W. Michael Tupman, Deputy Attorney General (w/o encl.)
Mr. Phillip G. Johnson