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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  February 2003

03-IB05: F.O.I.A. Complaint Against Town of Fenwick Island

The Complainant alleged that the Town of Fenwick Island (“the Town”) violated FOIA by; (1) failing to prepare timely minutes of the Town Council; (2) meeting without notice to the public sometime in November 2002 to hire Glenn Hudson for six months as officer-in-charge of the Town police department; and (3) meeting on November 22, 2002 in executive session to discuss subjects not authorized by FOIA. Held: the Town did violate FOIA by failing to prepare timely minutes. The Town did not violate FOIA as follows: (1) Town Council did not meet without notice to the public to discuss the term of Glenn Hudson’s contract in November 2002; (2) Town Council provided adequate public notice of a special meeting held on November 22, 2002; and (3) Town Council met in executive session on November 22, 2002 for a purpose authorized by statute.

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