02-IB10: FOIA Complaint Against Christina School District
The Complainant alleged that the Christina School District (“the District”) violated FOIA by not providing reasonable access to public records. Specifically, the School District did not provide accounting and other information requested, and the School District’s procedures for processing FOIA requests are “designed to impede the public’s access to documents.” Held: the School District must make available for inspection and copying any rulings or decisions or orders by an administrative body issued during the years 1999, 2000, and 2001 which require the School District to expend monies. Also, in order to charge for the costs of retrieving computerized data, the School District must amend its written rules and regulations to provide for a reasonable schedule of costs. In all other respects, we determine that the School District did not violate the public records requirements of FOIA.
Read More02-IB08: FOIA Complaint Against Sussex County
The Complainant alleged that Sussex County (“the County”) violated FOIA by discussing and developing a redistricting ordinance in meetings that were not open to the public. Held: the meetings between the County Attorney and others to discuss re-districting were not subject to FOIA because they were part of “an unstructured arrangement” in which the County Attorney sought “advice from what is only a collection of individuals who [did] not significantly interact with each other.” Association of American Physicians, 997 F.2d at 914
Read More02-IB09: FOIA/Middletown
Complainant alleged that the Town of Middletown (“the Town”) violated FOIA by denying citizens reasonable access to meetings to discuss a proposed Wal-Mart site plan. Held: if a public body has reason to know that a large number of citizens is likely to attend a meeting, then FOIA requires the public body to find another, larger place for the meeting. Alternatively, in the event of an overflow, a public body should consider adjourning the meeting to another time at a facility that can accommodate all of the interested citizens.
Read More02-IB07: FOIA Complaint Against Sussex County Council
The Complainant alleged that Sussex County (“the County”) violated FOIA by failing to prepare minutes of a meeting on December 11, 2001. Held: the Council violated the open meeting requirements of FOIA by not preparing minutes of the luncheon between the Council and representatives of the Land Trust on December 11, 2001.
Read More02-IB03: FOIA Complaint Against Cape Henlopen School District
The Complainant alleged that the Cape Henlopen School District (“the District”) violated FOIA by not providing you with information you requested. Specifically, you asked for: (1) a schedule of all school bus pickups and drop offs in your neighborhood (145 Beachfield Drive); (2) forms to present a claim for damage to your property allegedly caused by a school bus; and (3) documents relating to inquiries the School District made in the neighborhood and to local zoning boards. Held: FOIA cannot be used to compel production of documents in the possession of a private contractor. See Harold v. Orange County, Fla. App., 668 So.2d 1010, 1011 (1996).
Read More02-IB02: FOIA Complaint Against Sussex County Council
The Complainant alleged that Sussex County (“the County”) violated FOIA by failing to provide you with minutes of an executive session held on July 17, 2001. Held: the Council violated the open meeting requirements of FOIA by failing to maintain minutes of an executive session held on July 17, 2001.
Read More01-IB13 Re: Freedom of Information Act Complaint Dover Safety Advisory Committee
The Complainant alleged that the Dover Safety Advisory Committee violated the Freedom of Information Act (“FOIA”) by failing to notice in the agenda for a meeting that it would discuss the location of a proposed municipal waste transfer facility and the objections of the Dover Air Force Base to that location. Held: The issue arose sufficiently in advance of the meeting to be included in the notice and initial agenda, and the failure to do so deprived concerned citizens of the opportunity to appear and participate in the decision-making process. Because the committee did not have final authority over the location of the facility – it had merely issued a non-binding recommendation to the Kent County Levy Court that the location be rejected – no remedial measures were required.
Read More01-IB03 Re: Freedom of Information Act Complaint Against Polytech School District
The Complainant alleged that the Polytech School District violated the Freedom of Information Act by failing to post complete agendas for its meetings and failing to provide him with copies of the minutes of executive sessions. Held: With respect to the agendas, the district violated FOIA because it included the wrong reasoning for going into executive session on its agenda. The district considered collective bargaining negotiations to be a part of the FOIA authorization for executive sessions to discuss “personnel matters.” The opinion held that this was the wrong provision to rely on, and that because labor negotiations and collective bargaining agreements are explicitly exempted from FOIA’s definition of a “public record,” the board should have relied on the executive session authorization for discussions of documents that are excluded from the definition of public record, when “such discussions may disclose the content of such documents.” As for the minutes, the district was permitted to withhold them from the Complainant because disclosing the discussion would defeat the purpose of the executive session. The district pledged to utilize the correct reason for going into executive session in the future to discuss collective bargaining, and no additional remedial measures were ordered.
Read MoreA.G. BRADY FILES ACTION AGAINST RIVERVIEW CEMETERY
Contact: Todd Hallidy Phone: (302) 577-8314 (Wilmington, DE) — Attorney General M. Jane Brady today announced that the Consumer Protection Unit has filed a civil enforcement suit in the Court of Chancery in connection with neglect and mismanagement of the Riverview Cemetery. The suit specifically names Riverview Cemetery Corp., some local and state Odd Fellows […]
Read More01-IB02: FOIA Complaint Against Town of Odessa
The Complainant alleged that the Town of Odessa violated the Freedom of Information Act (“FOIA”) by failing to give timely notice of a special meeting. Held: The town violated FOIA by failing to include in its notice of special meeting an explanation of why seven days’ notice could not be given. The town voluntarily cured its violation at the next regularly scheduled meeting, so no further remedial measures were required.
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