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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  January 1998

98-IB02: FOIA Complaint Against Town of Middletown

Complainant alleged that the Town of Middletown violated FOIA by (i) failing to give notice to the public of meetings to discuss the development and eventual adoption of the Town’s Comprehensive Plan, even though those meetings did not involve a quorum of the council and involved the Mayor, members of the Institute staff, and the Town’s Planning Commission, and (ii) did not hold a public meeting to review comments on the Draft Comprehensive Plan from the Cabinet Committee on State Planning Issues. HELD: (i) failure to provide public notice of “workshops” to discuss Comprehensive plan violated FOIA because public business was discussed at those meetings and the groups involved constituted an “ad hoc” committee for purposes of FOIA; (ii) failure to post agendas with other meeting notices violated FOIA because public was not put on notice that their input was being sought regarding the proposed Comprehensive Plan; and (iii) to the extent complaint alleges violation of the Land Use Planning Act, that is outside the jurisdiction of the Office.

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98-IB01: FOIA Complaint-City of Newark

Complainant alleged that the City of Newark violated FOIA because it did not provide her with a transcript of an executive session held by the City and did not go into executive session for a purpose authorized by statute. HELD: FOIA does not require a public body to tape record its meetings or executive sessions, or have a stenographer present to transcribe the proceedings. However, the City did discuss items in executive session for reasons not authorized by the statute. Therefore, the City directed to hold a new hearing in order to deliberate in public as required by FOIA.

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