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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  April 2017

17-IB09 04/25/2017 FOIA Opinion Letter to Ms. Brooke Bovard re: FOIA Complaint Concerning Buzz Ware Village Center Committee

Petitioner alleged that members of the Buzz Ware Village Center Committee violated FOIA by not publicly making the decision to deny her request for use of space. HELD: The Buzz Ware Village Center Committee is a public body. The record of email contact among a quorum of the Committee’s board members regarding the request and their decision establishes a serial meeting which was held without notice to the public, thus violating FOIA. Because the decision was ultimately reversed, this office does not recommend remediation, but does recommend that the Committee become more familiar with FOIA and pursue FOIA training.

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17-IB08 04/03/2017 FOIA Opinion Letter to Mr. Jea Street re: FOIA Complaint Concerning Red Clay Consolidated School District

Petitioner alleged that the Red Clay Consolidated School Board must have held a nonpublic meeting based on the Board President’s statement to a parent that the majority of the Board agreed with a decision of the principal of A.I. DuPont High School to cancel the remainder of the boys basketball season. HELD: Sworn affidavits demonstrate that the principal provided this information to the Board President, but no evidence was found of a quorum or constructive quorum of the Board meeting to discuss the matter. While no FOIA violation was found, the Board is nonetheless cautioned to avoid any representation that it discussed or decided public business if it had not.

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