97-IB20: RE: Freedom of Information Act Complaint Against Cape Henlopen School Dis
Complainant alleged that the Cape Henlopen School District violated FOIA by holding a meeting without providing proper notice to the public, or disclosing on the agenda that the district might vote to spend public monies for new locally funded teaching positions. The District argued that the issue arose at the meeting, so could not be disclosed in advance. HELD: The District did not violate FOIA’s notice requirements. The meeting was attended by a number of parents and teachers, including the complainant, the public was not misled by the agenda posted, and the conversation evolved into a substantive discussion that arose during the course of the meeting consistent with FOIA.
Read More97-IB19: FOIA Complaint Against Milford City Council
Complainant alleged that the Milford City Council violated FOIA’s open meeting requirements because the agendas for those meetings did not indicate that the Council might go into executive session, and that the Council entered executive session for purposes not authorized by FOIA. The Council admitted that the executive sessions were not held in full compliance with FOIA. HELD: The Council did not post notice of its intention to go into Executive session, the reasons for the session, nor were minutes of the session maintained. Because of these actions, any action taken by the Council by those meetings deemed voidable. Council directed to re-notice the mattes that were the subject of discussion at those two meetings for another meeting open to the public.
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