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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  May 2003

03-IB11 Re: Freedom of Information Act Complaint Against City of Newark

The Complainant alleged that the City of Newark (“the City”) violated FOIA by meeting via an exchange of e-mails without notice to the public or an opportunity for the public to participate. Held: the City violated FOIA when, in an exchange of e-mails over the course of March 13-14, 2002, the City’s Nominating Committee discussed public business without notice to the public and without an opportunity for the public to observe.

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03-IB10 RE: Freedom of Information Act Complaint Against New Castle County

The Complainant alleged that New Castle County (“the County”) violated FOIA by denying you access to documents regarding the Red Lion Village subdivision. The County claims that the documents you requested are not subject to FOIA for two reasons: (1) they pertain to “pending litigation” before the County Planning Board; and (2) they pertain to “potential litigation” because any decision by the Planning Board could be appealed to court. Held: the documents requested from the County are not “public records” for purposes of FOIA because they are within the exemption for pending litigation.

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03-IB09: F.O.I.A Complaint Against Christina School District

The Complainant alleged that the Christina School District (“the School District”) violated FOIA by (1) not providing the public seven days’ notice of a meeting on February 26, 2003; and (2) going into executive session at that meeting for a purpose not authorized by law. Held: the School District did not violate FOIA by posting notice of the February 26, 2003 special meeting less than seven days in advance; and (2) the School District did not violate FOIA by going into executive session because it discussed personnel matters authorized by law.

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