Date Posted: Tuesday, March 9th, 2004
March 9, 2004 Civil Division-Kent County (739-7641) Ms. Kathleen H. Harvey P.O. Box 318 Odessa, DE 19730 Re: Freedom of Information Act Complaint Against Town of Odessa Dear Ms. Harvey: On November 21, 2004, our Office received your Freedom of Information Act (“FOIA”) complaint alleging that the Town of Odessa (“the Town”) violated FOIA by: […]
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Date Posted: Monday, March 8th, 2004
Del. Op. Atty. Gen. 04-IB07 (Del.A.G.), 2004 WL 771853 Office of the Attorney General State of Delaware Opinion No. 04-IB07 March 8, 2004 Re: Freedom of Information Act Complaint Against New Castle County *1 The Honorable Gregory F. Lavelle 500 Whitby Drive Wilmington, DE 19803 Dear Representative Lavelle: Our Office received your Freedom of Information […]
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Date Posted: Monday, February 23rd, 2004
February 23, 2004 Kent County – Civil Division (739-7641) Mr. Daniel J. Kramer 8041 Scotts Store Road Greenwood, DE 19950 RE: Freedom of Information Act Complaint Against Woodbridge School District Dear Mr. Kramer: On January 23, 2004, we received your letter alleging that the Woodbridge School District (Athe School District@) violated the open meeting requirements […]
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Date Posted: Thursday, February 5th, 2004
Del. Op. Atty. Gen. 04-IB04 (Del.A.G.), 2004 WL 335476 Office of the Attorney General State of Delaware Opinion No. 04-IB04 February 5, 2004 Re: Freedom of Information Act Complaint Against Providence Creek Academy *1 David H. Williams, Esquire Morris, James, Hitchens & Williams, LLC 222 Delaware Avenue P.O. Box 2306 Wilmington, DE 19899-2306 Dear Mr. […]
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Date Posted: Wednesday, January 28th, 2004
January 28, 2004 Civil Division-Kent County (739-7641) Mr. Timothy C. Spies Ms. Mable Granke 53 Columbia Avenue 1013 Scarborough Avenue Rehoboth Beach, DE 19971 Rehoboth Beach, DE 19971 Re: Freedom of Information Act Complaint Against Rehoboth Beach Board of Adjustment Dear Mr. Spies and Ms. Granke: Our Office received your Freedom of Information Act (“FOIA”) […]
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Date Posted: Wednesday, January 28th, 2004
January 28, 2004 Civil Division-Kent County Mr. Albert G. Porach 220 E. Park Place Newark, DE 19711 Re: Freedom of Information Act Complaint Against City of Newark Dear Mr. Porach: Our Office received your Freedom of Information Act (“FOIA”) complaint on November 25, 2003 alleging that the City of Newark (“the City”) violated FOIA by […]
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Date Posted: Thursday, November 13th, 2003
The Complainant asks for reconsideration of Attorney General Opinion 03-IB10 dated May 6, 2003. Held: FOIA cannot be used by a party to litigation to gain a discovery advantage.
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Date Posted: Thursday, October 30th, 2003
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.
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Date Posted: Monday, October 20th, 2003
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.
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Date Posted: Monday, October 6th, 2003
The Complainant alleged that the Woodbridge School District (“the School District”) violated FOIA by not providing timely notice to the public that the School District would approve a change order to increase the cost of a construction contract. Held: the School District violated the open meeting requirements of FOIA by failing to give timely notice to the public that it would discuss a change order to a construction contract.
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