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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  August 2001

01-IB13 Re: Freedom of Information Act Complaint Dover Safety Advisory Committee

The Complainant alleged that the Dover Safety Advisory Committee violated the Freedom of Information Act (“FOIA”) by failing to notice in the agenda for a meeting that it would discuss the location of a proposed municipal waste transfer facility and the objections of the Dover Air Force Base to that location. Held: The issue arose sufficiently in advance of the meeting to be included in the notice and initial agenda, and the failure to do so deprived concerned citizens of the opportunity to appear and participate in the decision-making process. Because the committee did not have final authority over the location of the facility – it had merely issued a non-binding recommendation to the Kent County Levy Court that the location be rejected – no remedial measures were required.

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