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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  February 1997

97-IB03: FOIA Complaint Dated September 19, 1996-Woodbridge School District Board of Education

Complainant alleged that the Woodbridge School District Board of Education violated FOIA in connection with the hiring of Personnel for the 1996-1997 school year because the Superintendent attempted to obtain a consensus vote for the new hires rather than have a discussion an election at a Board meeting open to the public. HELD: The Assistant Superintendent’s phone calls to individual Board members amounted to a consensus vote on the recommendations and therefore constituted a violation of FOIA. No remedial action required since the subject matter of the consensus vote was properly noticed for the next meeting and was properly voted on at that time.

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97-IB02:FOIA Inquiry-City of Newark Notice of Public Meeting

Complainant requested an opinion as to whether a meeting between DelDot officials and “local elected officials,” scheduled with less than 7-days notice, would constitute a violation of FOIA. Held: No violation of FOIA if the City issues a notice at least 24 hours in advance of the meeting pursuant to the “special meetings” section of FOIA, and the notice indicates why an earlier notice was not possible. In this case, sufficient to state that an earlier notice was not possible because legal opinions had not been obtained from the City Solicitor and the Attorney General prior to the posting of the notice.

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