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Delaware Department of Justice
Attorney General
Kathy Jennings


 Pages Tagged With: "executive session"

96-IB32 Re: Freedom of Information Act Complaint dated May 17, 1996 Woodbridge School District

The Complainant alleged that Woodbridge School District Board of Education violated the open meeting requirement of the Freedom of Information Act by discussing non-personnel matters during an executive session called for the purpose of discussing personnel matters. The Board argued that all matters discussed were permissible under FOIA. Held: the Board did not violate FOIA’s open meeting requirements because personnel matters were discussed and other there was no evidence of anything improper being discussed. Also, although engaging in consensus votes is typically impermissible, with respect to teacher transfers where board had no authority over or advisory power with respect to such transfers, there is no FOIA violation.

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96-IB30: Re: Freedom of Information Act Complaint dated May 30, 1996 Woodbridge School District

The Complainant alleged that Woodbridge School District Board of Education violated the open meeting requirement of the Freedom of Information Act by holding an executive session for the purpose of discussing applications for a scholarship. The Board argued that because review of the applications required discussion of financial eligibility and review of tax return documents and pupil files which are protected under FOIA, the applications could not be reviewed in open meeting. Held: because the review of applications involved review of documents which are protected under the FOIA, there was no violation of the open meeting requirement.

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96-IB27: FOIA-Woodbridge Board of Education

The Complainant alleged that the Woodbridge School District Board of Education improperly held an executive session during a regular public meeting, in violation of the Freedom of Information Act. The topic of discussion during the executive session was “personnel matters” involving the complainant, a member of the Board, and his interactions with District staff. Complainant alleged that the discussion went beyond personnel matters. Held: the executive session was convened in accordance with FOIA and the Board did not exceed statutory limits on executive sessions.

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96-IB19: FOIA-Camden Town Council

The Complainant alleged that the Camden Town Council violated the Freedom of Information Act by improperly noticing a public meeting and entered into executive session during that meeting without a vote. Held: FOIA was violated when the Council did not properly notice the hearing in that the agenda failed to include certain items–primarily the executive session. The council further failed to properly enter into that executive session in accordance with section 10004(c), and failed to prepare and maintain the minutes of that executive session.

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