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Delaware Department of Justice
Attorney General
Kathy Jennings


 Pages Tagged With: "straw polling"

96-IB17: FOIA-Town of Millsboro

The Complainant alleged that the Millsboro Town Council improperly conducted a public business following a public meeting without notice. The Town Council held a regularly scheduled meeting, properly noticed, during which they discussed purchasing a piece of property. The decision was put off but an hour after the meeting was adjourned, the Council reconvened and voted on an amount to offer on the property. The public was polled over the phone on whether they would support such an offer. Another meeting was held the next month during which the purchase was publicly discussed and voted on. Held: the reconvening and vote following the adjournment of the public meeting was in violation of the Freedom of Information Act, this violation was cured with the public vote during the next meeting. The telephone poll of residents was not in violation of FOIA as there was no gathering and no action was taken.

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