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Attorney General's Opinions


Attorney General Matt Denn


          

  Archived Posts From: 2010

10-IB02 01/25/10 FOIA Opinion Letter to Ms. McCoy re: FOIA Complaint Concerning the Town of Bethel

Written on: January 25th, 2010 in 10001 Declaration of Policy10002(g) Meeting10004(b)(1) Executive Session Job Qualifications10004(b)(4) Executive Session Collective Bargaining/Litigation10004(c) Requirements to Meet in Executive Session10004(e)(2) Notice Requirements for Regular Meetings

Complainant asserts that Town violated FOIA open meetings requirements when it held executive session to discuss subdivision applications. Town’s agenda properly posted and noticed the executive session but did not state the purpose. Town asserted that executive session was for purpose of receiving legal advice. After going into executive session and receiving legal advice, the Council discussed the applications for about an hour and voted on the applications before coming out of executive session. They re-voted at the public continued public meeting. Meeting minutes did not reflect legal advice. HELD: Executive Session was held for the proper purpose of receiving legal advice. However, Council violated FOIA by not listing the purpose of the executive session on the agenda, discussing applications during executive session and not properly reflecting legal advice in minutes.


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10-IB01 RE: Freedom of Information Act Complaint Against City of Wilmington

Written on: January 22nd, 2010 in 10002(l) (9) Exemptions - Pending or Potential Litigation

Complainant asserts City violated FOIA’s open records requirements by denying FOIA request for documents relating to the City Water Department on the basis of “potential litigation.” City asserted that conversations with Complainant made City believe Complainant would file suit against the City as the documents are released. City provided no other reasons for FOIA denial. HELD: City violated FOIA because they provided no evidence of a “realistic and tangible threat of litigation” characterized by objective factors in support of the FOIA denial.


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