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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  December 2010

10-IB17 12/15/10 FOIA Opinion Letter to Mr. Cahill re: FOIA Complaint Against Town of Smyrna

Complainant assert that Town violated FOIA by not having public meetings of committee charged with selecting police chief, by not releasing applications for police chief position, and by the Town council having email discussions outside of public meeting relating to Town business. Town concedes that the subcommittee did not hold public meetings. Council concedes that members did exchange emails on Town business, but no vote was ever taken via email. HELD: Town violated FOIA by not having subcommittee hold public meetings concerning applications for selection of police chief. Town remedied the violation by holding public meeting. Town did not violate FOIA by not releasing applications. Those documents are confidential as records relating to job qualifications of applicants for public employment. Council emails did not violate FOIA because no votes were taken by email.

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