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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  January 2001


Contact: Todd Hallidy Phone: (302) 577-8314 (Wilmington, DE) — Attorney General M. Jane Brady today announced that the Consumer Protection Unit has filed a civil enforcement suit in the Court of Chancery in connection with neglect and mismanagement of the Riverview Cemetery. The suit specifically names Riverview Cemetery Corp., some local and state Odd Fellows […]

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01-IB02: FOIA Complaint Against Town of Odessa

The Complainant alleged that the Town of Odessa violated the Freedom of Information Act (“FOIA”) by failing to give timely notice of a special meeting. Held: The town violated FOIA by failing to include in its notice of special meeting an explanation of why seven days’ notice could not be given. The town voluntarily cured its violation at the next regularly scheduled meeting, so no further remedial measures were required.

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01-IB01: FOIA Complaint Against Indian River School District

The Complainant alleged that the Indian River School District violated the Freedom of Information Act (“FOIA”) by going into executive session for a purpose not authorized by law. Held: While most of the issues discussed during executive session were well within the categories of subjects appropriate for executive session discussion under FOIA, the inclusion of “Boardsmanship” – more specifically, a request by the Board President that one of the other members of the board resign – on the agenda for the executive session was inappropriate. The matter was brought up at the public meeting after executive session ended, however, so the board was not required to reconvene and hold its discussion in public. The district was ordered to cease and desist its practice of discussing similar issues in executive session, as “[s]uch issues go to the very heart of the open meeting law: to allow the public the opportunity to be involved in debates among elected officials on matters of public interest.”

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