18-IB43 9/6/2018 FOIA Opinion Letter to Ms. Melony Anderson re: FOIA Complaint Concerning the Division of Revenue
Petitioner alleged the Division of Revenue improperly withheld records. DECIDED: The records requested were not considered public records under FOIA since they are specifically exempted from public disclosure by 30 Del. C. § 368, which prohibits the disclosure of information contained in tax records. No FOIA violation was found.
Read More18-IB42 8/30/2018 FOIA Opinion Letter to Mr. Dan Kramer re: FOIA Complaint Concerning the Frankford Town Council
Petitioner alleged that the Frankford Town Council improperly met in executive session and held a vote to fire their solicitor. DECIDED: No vote was held in executive session. Further, this Office determined that the executive session was properly held to discuss an individual’s competencies and abilities. No FOIA violation was found.
Read More18-IB41 8/28/2018 FOIA Opinion Letter to Mr. Craig O'Donnell and Ms. Shannon McNaught re: FOIA Complaint Concerning the Dewey Beach Town Council
Petitioners alleged that the Dewey Beach Town Council held a meeting that was not noticed to the public when a majority of the Town Council attended a meeting of the Audit Committee. DECIDED: Because there was no allegation that the Councilmembers discussed or deliberated public business among themselves, held a vote, or reached a consensus, their presence at another body’s meeting did not constitute a meeting of the Town Council. No FOIA violation was found.
Read More18-IB40 8/24/2018 FOIA Opinion Letter to Ms. Vicki Carmean, Ms. Julie Lee, and Mr. Roy Williams re: FOIA Complaint Concerning the Town of Fenwick Island
Petitioners alleged that the Town violated FOIA in two ways: 1) five individuals associated with the Town privately communicated about a building permit outside of a public meeting; and 2) the Building Committee improperly approved a building permit without a public meeting and vote. DECIDED: The five individuals are not a public body, and thus, their communications did not violate FOIA. The Building Committee violated FOIA by not holding a public meeting to approve the permit. It is recommended that the Building Committee conduct a public meeting to formally vote on the permit application. A supplemental opinion is to follow.
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