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Delaware Department of Justice
Attorney General
Kathy Jennings

 Pages Tagged With: "committee"

96-IB26: Re: Freedom of Information Complaint Sussex County Council

The Complainant alleged that a number of Sussex County Council members visited a manufactured housing facility in Pennsylvania, possibly in violation of the Freedom of Information Act. The Complainant alleged that a quorum of County Council members toured the facility. The Council stated that attendance was voluntary and a quorum was not present. Held: the group touring the facility was not a public body because they were not appointed as a committee by the Council, attendance was voluntary and there was no indication that any report or recommendation was made to the Council by the members who attended.

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96-IB02: Freedom of Information Act regarding Newark City Council

The Complainant requested an investigation into three meetings the Newark City Council held with the University of Delaware. These meetings were not open to the public and no record was kept. Newark City Council argued that no quorum was present at any of the meetings and, therefore, the meetings were not those of a public body. Held: ad hoc committees are considered public bodies and the breakdown of council members into three groups is the formation of ad hoc committees. The formation of three ad hoc committees to meet with the same university staff to discuss essentially the same topics was a scheme to avoid compliance with FOIA.

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