Written on: September 11th, 2006 in 10002(g) Meeting
Complainant alleged that the Christina School District Board of Education violated the open meeting requirements of FOIA by meeting twice in private at an open meeting to discuss matters of public business without notice to the public. HELD: The facts show that, collectively, five Board members participated in the two meetings with the Superintendent to discuss reductions in force and tax warrants. This amounted to a constructive quorum for purposes of FOIA because the meetings were scheduled only a few hours apart, the subjects discussed were the same, and the School Board acknowledges the meetings went beyond the mere passive receipt of information.
Written on: September 5th, 2006 in 10002(a) Agenda
Complainant alleged that the Town of Smyrna violated the open meeting requirements of FOIA by (i) not providing timely notice to the public of a special meeting of the Town; and (ii) not disclosing in the agenda for the meeting that the Council would discuss appointing a Vice Mayor. HELD: (i) the notice of the public meeting violated FOIA by failing to explain why a special meeting was required without providing 7 days notice; and (ii) the agenda violated FOIA b/c it did not indicate that the Town would be discussing the appointment of a Vice Mayor at the special meeting.
Written on: September 5th, 2006 in 10001 Declaration of Policy
Complainant alleged that the New Castle County Council Economic Development Subcommittee violated the open meeting requirements of the FOIA by denying her the opportunity to speak at a public meeting. HELD: FOIA does not require a public body to permit public comments. The subcommittee never opened up the meeting for public comment, nor did it discriminate as between individual members of the public based on their viewpoint.