08-IB10 RE: Freedom of Information Act Complaint Against City of Rehoboth Beach
Complainant alleged City violated FOIA open meeting requirements by not publicly noticing meetings relating to selection of engineering firm to reconstruct boardwalk, meeting was not open to public and minutes were not made available. City acknowledged it had meetings with engineering firms who submitted proposals and that meetings were not open to public. City asserted that these meetings were executive sessions to consider confidential/commercial information contained in the proposals. City did hold properly noticed public meetings to vote on final selection of engineering firm but no agenda provided notice or voting on executive session to consider the proposals. HELD: Proposals did contain confidential/commercial information which were properly considered in executive session. However, City violated FOIA by not noticing and voting on executive session. Remediation did not include invalidation of contract with engineering firm, but did require City to enter into consent agreement with Attorney General to require City to provide notice of any and all executive sessions to the DDOJ for one year.
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