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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  September 1998

98-IB09: FOIA Complaint: Woodbridge School District

Complainant alleged that the Woodbridge School District violated FOIA by discussing matters in executive session for purposes not authorized by FOIA. Held: No FOIA violation because the School District discussed personnel matters in executive session and, having reviewed the minutes, no indication that anything other than discussions authorized by FOIA were discussed. When Board Members did attempt to discuss matters not authorized by FOIA, one member noted that it was not a topic for executive session and the session needed to end. A public body should be encouraged, rather than punished, for attempting to curtail inappropriate discussions in executive session.

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98-IB08: FOIA Complaint Against Town of Townsend

Complainant alleged that the Town of Townsend violated FOIA by not publishing adequate notice of its intent to elect a new member for a vacant seat on the Council. HELD: (i) Town violated FOIA when it failed to post a notice at least seven days in advance of the meeting; and (ii) agenda failed to provide adequate notice that the Town would vote on a councilmember, rather than just accept nominations. Because the election of officials is such an important fundamental public right, Town directed to notice a special meeting for the purpose of nominating and/or electing a Councilperson.

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