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Attorney General's Opinions



  Category: 10004(b)(4) Executive Session Collective Bargaining/Litigation

Attorney General Matt Denn


          

13-IB01 03/26/13 FOIA Opinion Letter to Mr. Daniel J. Kramer re: FOIA Complaint Against Woodbridge School Board

Written on: March 26th, 2013 in 10001 Declaration of Policy10002(a) Agenda10004(b)(1) Executive Session Job Qualifications10004(b)(4) Executive Session Collective Bargaining/Litigation10004(b)(9) Executive Session Personnel Matters10004(e)(2) Notice Requirements for Regular MeetingsAmending Agendas

The Complainant alleged the Board of Education for the Woodbridge School District 9the “Board”) violated the “open meetings” provisions of the Freedom of Information Act (“FOIA”). Held: the Board’s agenda was insufficient to alert the public that it would accept the resignation of the existing superintendent and hire a replacement superintendent. It therefore violated the “open meetings” requirements of FOIA.


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10-IB11 09/08/10 FOIA Opinion Letter to Ms. Wright re: FOIA Complaint Concerning Dewey Beach

Written on: September 8th, 2010 in 10001 Declaration of Policy10004(b)(4) Executive Session Collective Bargaining/Litigation10004(c) Requirements to Meet in Executive Session10004(f) Minutes Requirements

Complainant asserts Town violated FOIA open meeting requirements with respect to certain executive sessions regarding draft minutes, lack of video recording, lack of reason for executive session on agenda’s. HELD: FOIA does not require draft minutes or video recording. Town concedes that official minutes did not include reason for executive session and concedes that two agenda’s did not include reason for executive session. Town took remedial action by conducting properly noticed meetings and amending minutes.


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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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