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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  February 2011

11-IB01: RE: Freedom of Information Act Complaint Against City of New Castle

Mayor of City of New Castle objected to County Council’s December 14, 2010 meeting on three bases – (i) agenda for executive session was insufficient; (ii) procedures for selecting a new city solicitor were improperly discussed in executive session; and (iii) the executive session was held before the public meeting was scheduled to begin. Opinion held that (i) agenda for executive session was sufficient; (ii) although Council violated FOIA by discussing more in executive session than it should have, this was remediated by a later special meeting in which these items were discussed; and (iii) although Council violated FOIA by going into executive session without a vote at a public meeting, no remediation was necessary because of the later special meeting in which all items were discussed.

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