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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  June 2006

06-IB13: Re: Freedom of Information Act Complaint Against Town of Camden

Complainant alleged that the Town of Camden violated FOIA on numerous specific occasions by denying access to public records. HELD: (i) absent evidence of the actual submission of a FOIA request, no violation can be found; (ii) representations by the Town’s counsel that the Town searched for and produced the only responsive records in its possession are sufficient for purpose of FOIA; (iii) producing responsive documents within ten days of the request was reasonable and did not violate FOIA; and (iv) FOIA does not prohibit a public body’s requirement that FOIA requests be made in writing.

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06-IB12 – RE: Freedom of Information Act Complaint Against City of Dover

Complainant alleged that the City of Dover violated FOIA by meeting in executive session to interview candidates for the position Director of Planning and Inspections. HELD: The City did not violate FOIA by meeting in executive session for this purpose. FOIA authorizes a public body to meet in executive session to discuss an applicant’s qualifications to hold a job. However, the City violated FOIA by voting during that executive session on the candidate selection because FOIA does not permit straw polling, nor does FOIA allow public bodies to reach consensus votes during executive session.

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