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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  March 2023

23-IB10 03/30/2023 FOIA Opinion Letter to Councilmember Tamara Skis re: FOIA Complaint Concerning the Town of Ellendale

Petitioner alleged that 1) the January 30, 2023 Planning and Zoning Commission meeting notice failed to include an agenda as required; and 2) a quorum of councilmembers met in person and communicated over email to discuss and make decisions about public business outside of a public meeting.

DECIDED: The Town violated FOIA by failing to establish that an agenda for the January 30, 2023 Planning and Zoning Commission meeting was properly posted. In addition, the Town Council violated FOIA by meeting via a constructive quorum without satisfying FOIA’s requirements for open meetings.

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23-IB09 03/22/2023 FOIA Opinion Letter to Dr. Christopher T. Curry re: FOIA Complaint Concerning the Wilmington City Council

Petitioner alleged that the Wilmington City Council voted privately in two executive sessions to select candidates for two Council seats in violation of FOIA.

DECIDED: The Council’s Committee of the Whole violated FOIA by voting via secret ballot in executive session at the November 28, 2022 and February 1, 2023 Committee meetings to recommend the selected candidates for two Council vacancies.

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