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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  November 2009

09-IB10 RE: Freedom of Information Act Complaint Against Town of Dewey Beach

Complainant asserts Town violated FOIA by privately (i) discussing whether to accept certain funds from DelDot; (ii) going into executive session to discuss transferring capital improvement funds to a litigation defense fund; and (iii) refusing to permit public comment at public meeting/ Town asserts (i) Town Manager and not Town Commission has authority to determine whether to accept funds and that Town Manager’s request for individual input from Commissioners does not constitute private meetings in violation of FOIA; (ii) executive session was properly noticed and for a proper purpose; (iii) Mayor’s refusal to accept public comment at meeting did not violate FOIA; HELD: (i) FOIA does not apply to Town Manager who had authority to accept or reject DelDot Funds; (ii) executive session was properly noticed and discussion of litigation resources was proper for executive session; (iii) FOIA provides no right for the public to speak at a public meeting.

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09-IB07 RE: Freedom of Information Act Complaint Against Town of Smyrna

Complainant asserts Smyrna violated FOIA’s open records requirements by not providing copies of records of the Town Ethics Commission concerning a complaint against him. Town provided notes from two meetings but provided no other records. Town asserts, among other things, that Smyrna’s Code of Conduct provides for the confidentiality of the Ethics Committee’s records and that the complaint is exempt from FOIA as a record specifically exempted from disclosure by statute or common law. HELD: Smyrna did not violate FOIA because Town’s Code of Conduct provided FOIA exemption by statute.

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