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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  July 2005

05-IB20 RE: Freedom of Information Act Complaint Against the Capital School District

Complainant alleges that the School District violated the FOIA public records requirements by providing interview questions but declining to provide interviewers’ assessments of the qualifications and abilities of the applicants. Held: the School District did not violate FOIA public records requirements by denying access to the scoring sheets of interview panel members compiled during the applicant selection process for a new driver education instructor because that information is exempt from disclosure to protect individual privacy for the same reasons that the statute expressly authorizes a public body to meet in private to discuss the an individual’s qualifications for public employment.

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05-IB18: RE: F.O.I.A. Complaint Against New Castle County Council

Complainant alleges the County Council Committee violated FOIA open meeting requirements by: (1) meeting in executive session without giving the required advance notice to the public; (2) failing to follow the proper procedures for going into executive session; and (3) discussing matters in executive session which FOIA requires to be discussed in public. Held: the Committee did not violate the open meeting requirements of FOIA when it properly voted to go into executive session to discuss litigation strategy as authorized by FOIA for private discussion (a legitimate purpose). However, the Committee did violate FOIA by not giving notice seven days in advance to the public that the litigation report by the County Attorney to the Committee would be heard in executive session.

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