03-IB24: F.O.I.A. Complaint Against Town of Frederica
The Complainant alleged that the Town of Frederica (“the Town”) violated FOIA by not allowing inspection and copying of public records. Held: FOIA does not require a public body to prepare an accounting “pulling together information from various sources …to create a new public record that did not already exist.” The Complainant did, however, identify the underlying documents with sufficient specificity and the Town was directed to provide them.
Read More03-IB23: Re: F.O.I.A. Complaint Against Sussex Technical School District Board of Education
The Complainant alleged that the Sussex Technical School District Board of Education (“the School Board”) violated FOIA by meeting in executive session on August 11, 2003 without the required notice to the public. Held: The School Board violated the open meeting requirements of FOIA by: (1) failing to follow the proper procedures for going into executive session at the end of the public session of its meeting on August 11, 2003; and (2) meeting in executive session to discuss two matters (the superintendent search and pending litigation) for which they were not authorized by law.
Read More03-IB20: Re: F.O.I.A. Complaint Against Town of South Bethany
The Complainant alleged that the Town of South Bethany (“the Town”) violated FOIA by: (1) holding a meeting on November 8, 2002 for a purpose not authorized by law; and (2) holding a meeting on November 18, 2002 without sufficient advance notice to the public. Held: the Town violated FOIA by: (1) meeting in executive session on November 8, 2002 under an agenda item listed as “personnel” when in fact the Town discussed another matter that FOIA authorizes for discussion in executive session; and (2) by amending the agenda for the November 18, 2002 meeting without explaining the reason for the delay in posting an amended agenda.
Read More03-IB16 08/08/03 FOIA Opinion Letter to Mr. McCarthy and Mr. Maher re: FOIA Complaints Against Town of Slaughter Beach
The Complainants alleged that the Town of Slaughter Beach (“the Town”) violated FOIA by discussing matters of public business at a meeting on July 1, 2003 without the required notice to the public. The Town contends that it satisfied the notice requirements of FOIA by posting the notice and agenda for the July 1, 2003 special meeting three days in advance of the meeting. Held: the Town did not violate FOIA by publishing the notice for a special meeting on July 1, 2003 three days in advance since FOIA permits notice for special meetings to be less than seven days (but not less than 24 hours) when there is good reason.
Read More03-IB17: F.O.I.A. Complaint Against Town of Odessa
The Complainants alleged that the Town of Odessa (“the Town”) violated FOIA by discussing matters of public business at a meeting on June 2, 2003 without the required notice to the public. Held: the Town violated the public notice requirements of FOIA by discussing a substantial matter of public business at the June 2, 2003 meeting without adequate notice to the public. To remediate the violation and invalidation of the June 2 vote, the Town was directed to notice a meeting in strict compliance with FOIA to be held within thirty (30) days to discuss the forfeiture issue in public before taking any official action.
Read More03-IB13: F.O.I.A. Complaint Against New Castle County
The Complainant alleged that New Castle County (“the County”) did not provide access to public records within a reasonable time. Held: the time it took the County to respond was not unreasonable under the circumstances. The request for documents pertaining to a $230,000 transfer from the Executive Contingency Fund to the County Law Department was reasonably specific and those documents are public records under FOIA.
Read More03-IB09: F.O.I.A Complaint Against Christina School District
The Complainant alleged that the Christina School District (“the School District”) violated FOIA by (1) not providing the public seven days’ notice of a meeting on February 26, 2003; and (2) going into executive session at that meeting for a purpose not authorized by law. Held: the School District did not violate FOIA by posting notice of the February 26, 2003 special meeting less than seven days in advance; and (2) the School District did not violate FOIA by going into executive session because it discussed personnel matters authorized by law.
Read More03-IB05: F.O.I.A. Complaint Against Town of Fenwick Island
The Complainant alleged that the Town of Fenwick Island (“the Town”) violated FOIA by; (1) failing to prepare timely minutes of the Town Council; (2) meeting without notice to the public sometime in November 2002 to hire Glenn Hudson for six months as officer-in-charge of the Town police department; and (3) meeting on November 22, 2002 in executive session to discuss subjects not authorized by FOIA. Held: the Town did violate FOIA by failing to prepare timely minutes. The Town did not violate FOIA as follows: (1) Town Council did not meet without notice to the public to discuss the term of Glenn Hudson’s contract in November 2002; (2) Town Council provided adequate public notice of a special meeting held on November 22, 2002; and (3) Town Council met in executive session on November 22, 2002 for a purpose authorized by statute.
Read More03-IB03: F.O.I.A. Complaint Against Town of Fenwick Island
The Complainant alleged that the Town of Fenwick Island (“the Town”) violated the open meeting requirements of FOIA by not allowing him to speak at a meeting of the Town Council on November 15, 2002. Held: the Town violated the open meeting requirements of FOIA at the November 15, 2002 Council meeting by: (1) restricting public comment to Town property owners, and then allowing some non-property owners but not you to comment on the proposal to hire Glenn Hudson as the officer-in-charge of the Town police department; and (2) by failing to prepare minutes of that meeting reflecting the vote, by individual members of the Council, to hire Mr. Hudson.
Read More02-IB33: FOIA Complaint Against Town of Camden
The Complainant alleged that the Town of Camden (“the Town”) violated FOIA by: (1) meeting, without notice to the public, prior to a meeting scheduled for August 5, 2002, to discuss a conditional use application by your client, Barclay Farms; (2) having two members of the Town Council meet without notice to the public to discuss the Barclay Farms application on August 21, 2002; and (3) the Town denying you access to public records regarding the August 21, 2002 meeting. Held: the Town Council violated FOIA: (1) by meeting in executive session on May 9 and September 3, 2002 for a purpose not authorized by law; (2) by not complying with the procedures required by FOIA for going into executive session at those two meetings; (3) by failing to maintain minutes of those two meetings; and (4) by failing to make publicly available records pertaining to those meetings. As a consequence of these serious FOIA violations, any action taken by the Town Council with regard to Barclay Farms at the meeting on September 9, 2002 is invalid because it was tainted by prior violations of the open meeting law.
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