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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  July 2016

16-IB17 7/28/2016 FOIA Opinion Letter to Rep. Kim Williams re: FOIA Complaint Concerning the Delaware State Board of Education

Petitioner alleged that the State Board of Education violated FOIA on February 18, 2016 meeting by not providing adequate space for the public to observe their meeting. Petitioner further alleged that individual board members consulting with counsel during a break at the same meeting was a violation of FOIA. HELD: The Board violated FOIA by not providing adequate space and not attempting to accommodate the members of the public who were unable to view the proceedings due to space limitations. Because there is no evidence of a quorum of members speaking with counsel, FOIA was not violated by individual conversations.

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16-IB16 7/6/2016 FOIA Opinion Letter to Mr. Frank Cannon re: FOIA Complaint Concerning City of Seaford

Petitioner alleged that the City Council had violated FOIA by omitting certain portions of his public comments in the summary provided in the minutes and thus rendering the minutes inaccurate. HELD: The minutes are not materially misleading and thus there is no FOIA violation. The summary of comments in the minutes contain sufficient information to convey the Petitioner’s subject, objections, and conclusion while other portions of the minutes reflect discussion of the Policies that the Petitioner commented on and a record of the vote.

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