23-IB14 04/21/2023 FOIA Opinion Letter to Joshua F. Vincent re: FOIA Complaint Concerning the Delmar School District Board of Education
Petitioner alleged that the Delmar School District Board of Education violated FOIA by failing to properly notice the executive session of its March 21, 2023 meeting, by considering the agenda items out of order at the meeting, and by failing to identify the individual personnel items subject to vote.
DECIDED: The Board violated FOIA by failing to provide proper notice of its executive session in its March 21, 2023 meeting agenda and by the manner in which the Board reordered its agenda without notice to the attendees. The personnel items were addressed in Attorney General Opinion No. 23-IB12.
Read More23-IB13 04/20/2023 FOIA Opinion Letter to Brian Rostocki re: FOIA Complaint Concerning the Delaware Department of Finance
Petitioner alleged that the Delaware Department of Finance improperly denied access to certain records related to unclaimed property auditors.
DECIDED: The Department did not violate FOIA by denying access to these requested records under the pending litigation exemption in 29 Del. C. § 10002(o)(9).
Read More23-IB12 04/18/2023 FOIA Opinion Letter to A. Nicole Mezick re: FOIA Complaint Concerning the Delmar School District Board of Education
Petitioner alleged that the Delmar School District Board of Education did not provide proper notice of its intention to make certain changes to the superintendent position in the December 8 and 13, 2022 meeting agendas for the open and executive sessions and that the Board must have met privately to decide on certain actions related to the superintendent position prior to the December 13, 2022 Board meeting.
DECIDED: The Board violated FOIA by giving insufficient notice on its December 8 and 13, 2022 meeting agendas of the executive sessions and the superintendent matters intended to be addressed in open session at these meetings. However, the Board met its burden to demonstrate that it did not violate FOIA by meeting privately prior to the December 13, 2022 meeting about the identified issues.
Read More23-IB11 04/06/2023 FOIA Opinion Letter to Jack Guerin re: FOIA Complaint Concerning the City of Delaware City
Petitioner alleged that a certain public hearing notice was not separately posted on the website of the City of Delaware City and that the hearing was merely mentioned in the agenda for the public meeting.
DECIDED: We conclude that the City did not violate FOIA by failing to post this public hearing notice on the City’s website.
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