02-IB12: Re: Freedom of Information Act Complaint Against Fenwick Island Town Council
Complainant alleged that the Town of Fenwick Island (“the Town”) violated FOIA by: (1) failing to give the public notice of its intent to go into executive session at a meeting on February 8, 2002; (2) improperly entering into executive session at that meeting to discuss pay raises for police officers; (3) failing to give adequate notice to the public that it would go into executive session at a meeting on February 22, 2002; (4) improperly entering into executive session at that meeting to discuss police department problems; (5) failing to give adequate notice to the public of its intent to go into executive session at a meeting on March 16, 2002; (6) impermissibly entering into executive session at that meeting to discuss personnel and legal problems involving the police department; and (7) not providing you with copies of the minutes of executive sessions. Held: the Council violated the open meeting requirements of FOIA when it went into executive session to discuss matters of public business at its meetings on February 8, February 22, and March 16, 2002. The Council violated the agenda requirements of FOIA by amending the agenda just prior to the meeting on March 16, 2002, and without stating the reason for the delay. Finally, the Council violated the public records requirements of FOIA by denying access to the minutes of executive sessions which were not authorized by law.
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