Delaware is under a State of Emergency. Here are answers to frequently asked questions about what this means for you. More Info

Delaware.gov logo
Listen to this page using ReadSpeaker

Delaware Department of Justice
Attorney General
Kathy Jennings




 Pages Categorized With: "10002(g) Meeting"

95-IB20: Re: Freedom of Information Act Complaint 29 Del. C. § 10005(e)

The Complainant alleged that administrative-staff meetings held by the school district should be considered public meetings because school board members were present. The district argued that only two board members were now present at the meetings, not a quorum, and that those members were not appointed to a subcommittee or special ad hoc committee. Held: if the board members make any formal or informal, express or implied recommendations to the full Board based upon any action proposed at the administrative-staff meetings, they would be considered a subcommittee and subject to open meetings requirements. However, based upon current facts, there is no violation of the Freedom of Information Act.

Read More



95-IB37: RE: Freedom of Information Act Complaint 29 Del. C. § 10005(e)

The Complainant alleged that the “breakfast meetings” described in AG Opinion 95-IB04 continued to be held. A discussion of suggestions for betterment of the school system is considered public business. Because a quorum of the Board was present, the breakfast meetings should be considered public meetings within the meaning of the statute. Counsel for the school board noted that the board will not hold breakfast meetings any more but, if they do, a quorum will not be present. Held: if a quorum of a subcommittee is present and makes recommendations to the full board, it is considered a public body under the Freedom of Information Act and must abide by open meeting requirements.

Read More



95-IB04: RE: Freedom of Information Act Complaint 29 Del. C. §10005(e)

The Complainant alleged that Woodbridge School District was holding meetings in violation of Delaware’s Open Meeting Law. The District would hold breakfast meetings attended by the Board, district administrative staff and invitees and discuss “suggestions for betterment of the school system.” The District argued that public business was not conducted during these meetings and that the meetings did not meet the definition of “public meeting”. Held: A discussion of suggestions for betterment of the school system is considered public business. Because a quorum of the Board was present, the breakfast meetings should be considered public meetings within the meaning of the statute.

Read More





+