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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  February 1996

96-IB05: FOIA-Town of Georgetown

The Complainant alleged that the Georgetown Town Council violated the Freedom of Information Act. Complainant alleged that the Council met daily in violation of FOIA and also submitted a memorandum for which there was no public record. The Council argued that there was no specificity as to their daily meetings and argued that the Memorandum was reviewed with separate council members but at no time was a quorum present warranting a public meeting that complied with the Act. Held: there was no evidence that the Council met daily in violation of the Act. However, the Memorandum was executed in violation of the Act. A public body may be subject to FOIA even if a quorum is not present, as was the case here where small groups met to discuss the memorandum. The fact that Council met in sub-groups to discuss, formulate and execute the November 27, 1995 memorandum suggests that the Council acted deliberately to circumvent the public notice, agenda and record keeping requirements of the Act.

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