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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  March 2012

12-IIB04: Freedom of Information Act Regarding the Board of Education

Petitioner alleged that the Caesar Rodney School District violated FOIA by (a) posting only tentative agendas; (b) failing to inform the public that it was planning to increase personnel salaries during the December 2011 meeting; (c) failing to include specific grounds for executive sessions in the agendas; and (d) failing to provide adequate Board minutes. Held that (a) the District violated FOIA by posting tentative agendas, but that the District agreed not to label future agendas as “tentative”; (b) because the salaries in question were set through contracts previously agreed to by the District, notice of such salary increases was not necessary; (c) failing to specify the purpose of executive sessions violated FOIA, but the District agreed to include specific grounds for executive sessions in the future; and (d) the minutes were adequate so the District did not violate FOIA as to the minutes.

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12-IIB05 RE: Freedom of Information Act Against KCSPCA

State Senator received complaints that the Kent County Society for the Prevention of Cruelty to Animals (KCSPCA) denied public access to a Board meeting in February 2012. Held that KCSPCA was a public body because it was incorporated by filing its Certificate with the Secretary of State and it received $3,000 of grant-in-aid funding for the year.
NOTE: This opinion was supplemented by 12-IIB08.

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Delaware’s Motion to Intervene in DuPont Trust Case Granted by Florida Court

Wilmington – Delaware Attorney General Beau Biden announced that a Florida court on Friday granted his office’s motion to intervene in a case involving the Alfred I. duPont Testamentary Trust, which funds The Nemours Foundation. Biden asked the Duval County Circuit Court last month to allow Delaware to intervene in the court’s review of a […]

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