The Complainant alleged a town council member violated FOIA by holding a series of personal meetings with four different members of the council (five members constituted a quorum) without public notice which resulted in a letter produced on Town stationary regarding the result of the conversations. Held: this violated FOIA because the meetings were determined to be more than “the passive receipt of information” and the sum of these communications (the letter signed by the council members) amounted to a meeting of a public body covered by FOIA and as such the lack of public notice constituted a violation of FOIA. An additional compliant was not a violation because the public workshop was rescheduled and proper notice was given prior to it being held.
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Read MoreThe Complainant alleged the City Council violated FOIA by going into executive session to discuss the performance and salary of the City Secretary, City Solicitor and Deputy City Solicitor. Held: the City did not violate FOIA concerning the performance and salary of the City Secretary who is a public employee subject to the personnel exception. The discussion of the City Solicitor and Deputy Solicitor did violate FOIA because they were independent contractors not public employees.
Read MoreThe Complainant alleged the School District violated FOIA by limiting speakers at the public minute to 2 minutes and not allowing them to identify any other individual in their remarks. Held: the 2 minute limit did not violate FOIA because public bodies may impose reasonable time, place and manner restrictions on public participation. However, once comment was allowed, the Board violated FOIA by attempting to limit the content of the speech.
Read MoreDel. Op. Atty. Gen. 04-IB21 (Del.A.G.), 2004 WL 5249147 Office of the Attorney General State of Delaware Opinion No. 04–IB21 December 20, 2004 Re: Freedom of Information Act Complaint Against Sussex County Council *1 Mr. Daniel J. Kramer 8041 Scotts Store Road Greenwood, DE 19950 Dear Mr. Kramer: On November 4, 2004, our Office received […]
Read MoreDel. Op. Atty. Gen. 04-IB20 (Del.A.G.), 2004 WL 2951950 Office of the Attorney General State of Delaware Opinion No. 04-IB20 November 16, 2004 Re: Freedom of Information Act Complaint Against New Castle County *1 Ms. Mary Allen The News Journal 950 W. Basin Road P.O. Box 15505 Wilmington, DE 19850 Dear Ms. Allen: Our Office […]
Read MoreOctober 18, 2004 Civil Division-Kent County (739-7641) Robert I. Hicks, Jr. County Auditor City/County Building 800 N. French Street, 8th Floor Wilmington, DE 19801 Re: Freedom of Information Act Complaint Against New Castle County Council Dear Mr. Hicks: On July 20, 2004, our Office received your complaint under the Freedom of Information Act, 29 Del. […]
Read MoreOctober 18, 2004 Kent County – Civil Division (739-7641) Mr. Dean Dey 30738 Edgewater Drive Lewes, DE 19958 RE: Freedom of Information Act Complaint Against Cape Henlopen School Board Dear Mr. Dey: On July 23, 2004, we received your letter alleging that the Cape Henlopen School Board (“the School Board”) violated the open meeting requirements […]
Read MoreOctober 13, 2004 New Castle County/Civil Division Mr. Jim Parks Editor Delaforum.com 2411 Berwyn Road Wilmington, DE 19810-3524 RE: Freedom of Information Act Complaint Against Brandywine School District Dear Mr. Parks: On or about July 29, 2004, you filed with our office a Freedom of Information Act (AFOIA@) complaint, alleging that the Brandywine School District […]
Read MoreSeptember 10, 2004 Civil Division-Kent County (739-7641) Mr. Richard P. Alexander 207 Cobblecreek Curve Newark, DE 19702 Re: Freedom of Information Act Complaint Against Town of Cheswold Dear Mr. Alexander: Our Office received your Freedom of Information Act (“FOIA”) complaint on August 4, 2004 alleging that the Town of Cheswold (“the Town”) violated FOIA by […]
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