Civil Division – New Castle County
May 15, 1996
Del. Op. Atty. Gen. 96-IB16 (Del.A.G.), 1996 WL 345764
(AG lacks jurisdiction over town council’s alleged violations of town charter)
Mr. Joseph W. Booth
303 North Bedford Street
Georgetown, DE 19947
Re: Freedom of Information Act Complaint
29 Del. C. §10005(e)
(Termination of the Town Manager)
Dear Mr. Booth:
Please consider this the written decision of the Attorney General pursuant to 29 Del. C. §10005(e) as to whether “a violation of the Act has occurred or is about to occur.”
Please be advised that pursuant to the Attorney General’s decision in response to the February 7, 1996 Common Cause Complaint, as amended three (3) separate times, the Attorney General’s office has fully addressed the allegations in your January 22, 1996 Complaint regarding the firing of the Town Manager. A copy is enclosed for your review. We find there is no need to duplicate our findings in a separate Opinion.
With regard to the Town Charter violations in your Complaint, the Attorney General lacks
jurisdiction over these allegations as they are outside 29 Del. C. ch. 100.
Pursuant to 29 Del. C. §10005(e) this office advises you of your appeal rights, if any, following our decision. We have attached a copy of this statute for your review.
Very truly yours,
John K. Welch
Deputy Attorney General
Michael J. Rich
Related Topics: jurisdiction