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Attorney General Matt Denn


          

  Archived Posts From: 2005

05-IB13 Re: Freedom of Information Act Complaint Against Town of Laurel

Written on: May 9th, 2005 in 10002(l) (1) Exemptions - Personnel

Complainant alleged the Town violated the public records by not providing requestor with a copy of the Town’s Employment Agreement with the town manager as well as his current salary and the proposed future salaries voted on at last night’s. Requestor asked Town Manager for the information the day after the meeting and the Town Manager responded the same day temporarily denying the request until the employment contract was reviewed by legal counsel to make sure it was not contrary to state law, the town charter or violated any other personnel regulations. Four weeks after the request, the Council was presented with a draft for review. The Council approved the final employment contract with the Town Manager about 2 weeks after the interim meeting and 3 days later requestor was sent a copy of the final employment contract. Held: the Town violated FOIA’s public records requirements by not providing requestor with a copy of the draft employment contract with the Town Manager after the Council voted at a public meeting 4 weeks after her request to approve the contract subject to review by legal counsel.


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05-IB12: RE: F.O.I.A. Complaint Against New Castle County Council

Written on: May 9th, 2005 in 10001 Declaration of Policy

Complainant alleged the Personnel Committee of the County Council violated the FOIA open meeting requirements of FOIA by meeting in executive session to discuss the qualifications of the two finalists for the position of counsel to the County Council while identifying the candidates by name but discussing the candidates at the open meeting only by reference to Candidate A and B. Held: The Committee did not violate FOIA but rather struck a reasonable balance between the privacy rights of the applicants, and the public’s right-to-know when it identified job candidates as A and B in the agenda and the public session. (When the job offer is extended and accepted, the name of the job applicant necessarily will become public, and the public will know, from the minutes, which members of the public body voted to hire that applicant.)


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