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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  January 2012

12-IIB01: Freedom of Information Act Regarding the Board of Education

Petitioner alleged that the Capital School District violated FOIA by (1) failing to identify in the August 2011 agenda the subject matter of a proposed executive session, (2) failing to open its public meeting in the auditorium before going into executive session in the library, (3) failing to give proper notice of the addition of administrator salaries to the agenda for the August 2011 meeting, and (4) failure of the August 2011 minutes to include the discussion of and vote on raising the administrators’ salaries. Held that the District violated FOIA by (1) not including the subject matter of the proposed executive sessions, (2) failing to properly give notice of the location of its September 2011 meeting, and (3) voting on the salary increase for District administrators without having given proper notice of intent on the August 2011 agenda. Held that the District did not violate FOIA as to the minutes of the August 24 meeting, because such minutes properly disclosed the attendees and the vote of each for each vote taken and action agreed upon. Notwithstanding the foregoing, no remedy sought for past meetings, but District required to properly notice all future meetings.

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