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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  November 1998

98-IB12: FOIA Complaint: Woodbridge School District

Complainant alleged that the Woodbridge School District violated FOIA by holding a public meeting at a place which could not accommodate the members of the public who wanted to attend, continuing to meet and discuss public business after some members of the public had been directed elsewhere, and meeting privately with the Band Director after the public meeting. Held: (i) FOIA does not require that the meeting of a public body have a seat for every potential citizen and the selection of the meeting site may violate open meeting laws only if it was unreasonable. It is only when a public body has a reason to believe that a large crowd is to be expected that larger accommodations may be required; (ii) no evidence that people were asked to leave the public meeting; and (iii) no evidence that a private meeting occurred with the intent to discuss public business outside the requirements of the open meeting laws.

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