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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  June 2024

24-IB26 06/26/2024 FOIA Opinion Letter to Thomas Gaynor, Steven Linehan, and Concerned Citizens of Rehoboth Beach re: FOIA Complaint Concerning the City of Rehoboth Beach

Petitioners alleged that the City of Rehoboth Beach failed to follow open meeting requirements when hiring the new City Manager at a much higher compensation package than advertised.

DECIDED: The City violated FOIA by holding an executive session for an improper purpose and failing to discuss the employment contract and compensation package in open public session, by failing to properly notice two executive sessions, and by failing to notice a public comment period on the agendas of the meetings.

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24-IB25 06/26/2024 FOIA Opinion Letter to State Representatives Madinah Wilson-Anton, Paul Baumbach, Cyndie Romer, Sophie Phillips, and Eric Morrison re: FOIA Complaint Concerning the Christina School District Board of Education

Petitioners alleged that the Christina School District Board of Education violated FOIA by: 1) holding an unannounced executive session at its May Board meeting to discuss Robert’s Rules of Order, which is not a permitted reason for an executive session; 2) conducting a vote of no confidence in the superintendent at the May meeting without proper notice on the agenda; and 3) discussing and voting to rescind a contract and to suspend the superintendent without appropriate public notice on the March Board meeting agenda.

DECIDED: The Board violated FOIA by holding an unannounced executive session for an improper purpose and by failing to provide adequate notice in its March and May meeting agendas for the votes regarding the contract rescission and vote of no confidence. No violation was found with respect to the notice of the executive sessions on the March Board meeting agenda and the notice for the vote on the employee suspension on this same agenda.

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24-IB24 06/25/2024 FOIA Opinion Letter to Warren Rosenkranz re: FOIA Complaint Concerning the Village of Arden

Petitioner alleged that the Village of Arden violated FOIA by privately discussing and approving the posting of the December 7, 2023 meeting minutes of the Governance Task Force via emails among the Task Force members.

DECIDED: The Village’s Task Force conducted a “meeting” as defined by FOIA and committed a violation of FOIA by failing to follow the open meeting requirements.

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24-IB23 06/25/2024 FOIA Opinion Letter to Hayley J. Reese, Esq. re: FOIA Complaint Concerning the Delaware Department of State

Petitioner alleged that the Delaware Department of State improperly denied access to records regarding the voluntary disclosure program under its relevant statutory authority.

DECIDED: The Department did not violate FOIA by denying access to the requested records.

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24-IB22 06/18/2024 FOIA Opinion Letter to Craig McGowan re: FOIA Complaint Concerning the Town of Georgetown

Petitioner alleged that the Town of Georgetown violated FOIA by releasing certain police officer records in response to a FOIA request and by refusing to hold a hearing in executive session.

DECIDED: The Town did not violate FOIA by providing records in response to this request or by declining to hold an executive session as requested.

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