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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  December 2006

06-IB25: RE Freedom of Information Act Against University of Delaware

Complainant alleged that the Executive Committee of the Board of Trustees of the University of Delaware violated FOIA by meeting to approve the election of a new president without giving notice to the public as required by FOIA. The University responded that FOIA only applies to full board of Trustees meetings. Therefore, the Committee was under no duty under FOIA to open its meetings to the public. HELD: The Committee did not violate the open meeting requirements of FOIA because the Committee is not a “public body” as defined by FOIA. Rather, only the full Board of Trustees is a “public body” for purposes of FOIA.

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06-IB26 – RE: Freedom of Information Complaint Against Source Water protection Citizen and Technical Advisory Committee

Complainant alleged that a committee established by the Sussex County Council, the Source Water Protection Citizen and Technical Advisory Committee, violated the open meeting requirements of FOIA by (i) meeting twice without posting an agenda seven days in advance; and (ii) not preparing minutes of those meetings. HELD: The Committee’s failure to post an agenda or prepare minutes violated FOIA. In remediation, Committee ordered to include on the agenda for its next public meeting the minutes of the earlier meetings, and to have sufficient copies available to hand out to the public at its next scheduled meeting.

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