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Delaware Department of Justice
Attorney General
Kathy Jennings




 Pages Categorized With: "10002(h) Public Body"

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.

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95-IB02 RE: Freedom of Information Act Complaint 29 Del. C.§ 10005(e) Court on the Judiciary

The Complainant alleged that the Court on the Judiciary improperly refused to allow him to review the record and non-sworn testimony of a case. Held: the deliberations of courts are not public meetings pursuant to 29 Del. C. 10004(h)(4) and the requested records from such deliberations are not public records that can be reviewed.

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95-IB01: RE: Freedom of Information Act Complaint 29 Del. C. § 10005(e)

The Complainant alleged that the Board of Bar Examiners, an arm of the Delaware Supreme Court, improperly refused to provide him with statistics regarding petitions for admission for the Delaware Bar as well as a copy of each petition for admittance of the Delaware bar. Held: the Board of Bar Examiners is not a “public body” within the meaning of the Freedom of Information Act and is, thus, exempt from the requirements of FOIA.

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