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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  August 2002

02-IB21: FOIA Complaints Against Town of Fenwick Island

Complainant alleged that the Town of Fenwick Island (“the Town”) violated FOIA by failing to remediate previous FOIA violations. Held: the Town did not violate the open meeting requirements of FOIA at the June 28, 2002 meeting, and that the Town has satisfied our directives to remediate the FOIA violations that occurred at meetings earlier this year.

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02-IB18 Re: Freedom of Information Act Complaint Against Town of Laurel

The Complainant alleged that the Town of Laurel (“the Town”) violated FOIA by not providing access to public records he requested. Specifically, he alleged that by letter dated July 12, 2002 he asked for but did not receive a copy of “an annexation report” and the Town’s “2002 Comprehensive Development Plan.” Held: the Town did not violate the public records requirements of FOIA because it provided Complainant with a copy of the annexation report on August 6, 2002.

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02-IB19 Re: Freedom of Information Act Complaint Against Joint School Boards of New Castle County

The Complainant alleged that the joint school boards of New Castle County (“Joint Board”) “consists of representatives of each of the public school boards in New Castle County” and that it is a public body covered by FOIA because it “functions on public funds and does, at least indirectly, influence public policy.” Held: the Joint Board is a “public body” for purposes of FOIA and subject to all of the requirements of the open meeting laws. The school boards were directed to notice these meetings to the public in the future in the same manner as they would a meeting of the individual school board under FOIA and to maintain minutes of the joint meetings.

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02-IB17 Re: Freedom of Information Act Complaint Against Capital School District Board of Education

The Complainant alleged that the Capital School District Board of Education (“the Board”) violated FOIA by: (1) not providing access to public records you requested; and (2) meeting to interview applicants for a new superintendent without notice to the public. Held: the School Board did not violate the public records requirements of FOIA but the School Board violated the open meeting requirements of FOIA by: (1) meeting in executive sessions on October 2 and 17, 2002 for a purpose not authorized by statute; (2) meeting in executive sessions on March 2 and 6, 2002 for a purpose not authorized by statute; (3) by meeting on March 8, 9, and 10, 2002 without posting public notices and agendas and without maintaining minutes of those meetings; (4) meeting in executive session on April 11, 2002 for a purpose not authorized by statute; and (5) meeting in executive session on April 16, 2002 for a purpose not authorized by statute.

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