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Delaware Department of Justice
Attorney General
Kathy Jennings


 Pages Tagged With: "ratification"

96-IB15: FOIA-Town of Georgetown-Final Written Determination

Complainants alleged twenty-one violations of the Freedom of Information Act by the Georgetown Town Council. Held: the Council violated the Act multiple times by failing to provide reasons why agendas were not posted in the required timeframe. The Council violated the Act by failing to timely post notices of meetings, failing to keep proper minutes and failing to post agendas. The Council violated the Act by failing to include reasons why certain agendas were not posted on time. However, when reasons were given, there are no requirements governing how specific the reasons must be. The Council also violated the Act by not listing certain items on the agenda which were put up for a vote during the meeting, including the hiring by “resolution” of special counsel to the Council. This office specifically finds that in order for a public body to ratify illegal acts, that the former illegal acts and/or action taken by the Town Council in previous public meetings and hearings, must be listed on the agenda and public notice for the meeting in order to provide notice to the public as to what items are being ratified in open session.

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