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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  January 2005


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05-IB02: RE: Freedom of Information Complaint Against City of Newark

The Complainant alleged the City Council violated FOIA by going into executive session to discuss the performance and salary of the City Secretary, City Solicitor and Deputy City Solicitor. Held: the City did not violate FOIA concerning the performance and salary of the City Secretary who is a public employee subject to the personnel exception. The discussion of the City Solicitor and Deputy Solicitor did violate FOIA because they were independent contractors not public employees.

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05-IB01 – RE: F.O.I.A. Complaint Against Board of Education of the Capital School District

The Complainant alleged the School District violated FOIA by limiting speakers at the public minute to 2 minutes and not allowing them to identify any other individual in their remarks. Held: the 2 minute limit did not violate FOIA because public bodies may impose reasonable time, place and manner restrictions on public participation. However, once comment was allowed, the Board violated FOIA by attempting to limit the content of the speech.

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