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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  January 2014

14-IB01 01/13/14 FOIA (Informal) Opinion Letter to Mr. Welch and Mr. Schrader re: FOIA Complaint Concerning Frankford Town Council

The Complainant alleged the Town Council of Frankford (the “Council”) conducted an “open meeting” in violation of the Freedom of Information Act (“FOIA”) on the basis of the absence of discussion of a proposed charter amendment eliminating a cap of fifteen percent of payroll on pension and health care benefits for town employees. The Town had continuously exceeded the cap for years, a fact that was discussed at least twice at public meetings attended by the Complainant. The proposed amendment simply eliminated the cap. Held: in the absence of evidence of a meeting of a quorum of the Council, serially or otherwise, there was no basis to conclude a violation of FOIA’s “open meetings” provision occurred.

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