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Delaware Department of Justice
Attorney General
Kathy Jennings


 Pages Tagged With: "personnel"

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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95-IB35 Freedom of Information Act Complaint Woodbridge School District

The Complainant alleged that the District failed to note on the meeting agenda that the agenda was subject to change or modification and, therefore, any modifications made to the agenda at the meeting were in violation of the Freedom of Information Act. Held: FOIA expressly provides that posted agendas are subject to change and modification, the agendas do not need to contain such language, and any modification to the agenda was not a violation of FOIA. Next, the Complainant alleged that Board members impermissibly gathered in the Superintendent’s office prior to the meeting. Held: there is no evidence that the board members discussed public business, therefore there is no violation. Next, the Complainant alleged that the Board attempted to discuss pending litigation during executive session even though it was not on the agenda. Held: the pending litigation was not actually discussed so the point is moot. Next, the Complainant alleged that the Board did not give proper notice of its intent to conduct interviews for principal during executive session. In this case, the agenda stated “Personnel” matters were to be discussed during executive session. Held: “Personnel” does not give adequate notice of the interviewing of a candidate, which would fit better into the Section 10004(b)(1) reason for executive sessions, therefore there was not adequate notice of the Board’s intent to hold executive session to conduct interviews. Finally, the Complainant alleged that the meeting’s record did not encompass the executive session discussions. Held: those records were provided and the point is moot.

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