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”) […]
Read MoreJanuary 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 […]
Read MoreThe 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.
Read MoreThe 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 MoreThe 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 MoreThe 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.
Read MoreThe Complainant alleged that New Castle County (“the County”) violated FOIA by not providing the names, addresses, and policy numbers of insurance carriers which underwrite public official coverage for the County. The County contended the requested information is exempt from disclosure under FOIA for two reasons: (1) “the [insurance] coverage information in the policy contains confidential information or financial details”; and (2) the information “falls within the pending or potential litigation exception.” Held: County did not violate the public records requirements of FOIA by refusing to provide documents that contain the names and addresses of insurers and the insurance policy numbers because the records containing such information fall within the potential litigation exception under FOIA.
Read MoreThe 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 MoreThe 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 MoreThe 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.
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