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Attorney General's Opinions



  Category: 10004(f) Minutes Requirements

Attorney General Matt Denn


          

15-IB06 08/19/15 FOIA Opinion Letter to Ms. Marcia L. Schieck and Ms. Dell Tush re: FOIA Complaint Concerning the Town of Dewey Beach

Written on: August 19th, 2015 in 10001 Declaration of Policy10004(c) Requirements to Meet in Executive Session10004(f) Minutes Requirements

The petitioners made 8 allegations of Freedom of Information Act (“FOIA”) violations by the Town of Dewey Beach (“the Town”) including holding discussion of a potential property purchase by email, holding a special meeting inconsistent with regular meeting day and time, posting insufficient or inaccurate agendas for two meetings, failing to meet the 15 business day deadline to provide requested records, and by failing to keep minutes of executive sessions. Held: The emails regarding property purchase did not constitute a “serial meeting” because there was not a quorum of commissioners participating. Meeting notices, agendas, and use of executive sessions complied with FOIA. A properly noticed meeting does not violate FOIA by being held at a different day and time than usual. The Town missed the 15 day deadline to provide requested records and failed to create minutes of the meeting of January 2, 2015 in a timely manner.


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13-IB10 12/06/13 FOIA (Informal) Opinion Letter to Mr. Mancus re: FOIA Complaint Concerning the Kent County Board of Elections

Written on: December 6th, 2013 in 10001 Declaration of Policy10004(f) Minutes Requirements

The Complainant alleged the Kent County Board of Elections (the “Board”) met without proper notice having been posted. The Board posted the notice and agenda for the meeting on the Kent County Department of Elections website, but not on the State of Delaware website as required. Held: the violation was not sufficiently substantial to warrant invalidation of the actions taken at the meeting, but the Board was admonished to fully comply with posting requirements in the future.


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11-IB08 05/05/11 FOIA Opinion Letter to Mr. Kramer re: FOIA Complaint Concerning the Sussex County Council

Written on: May 5th, 2011 in 10001 Declaration of Policy10004(b)(1) Executive Session Job Qualifications10004(b)(9) Executive Session Personnel Matters10004(c) Requirements to Meet in Executive Session10004(e)(2) Notice Requirements for Regular Meetings10004(f) Minutes Requirements

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 11-IB08 May 5, 2011 Mr. Daniel J. Kramer 8041 Scotts Store Road Greenwood, DE 19950 RE:  Freedom of Information Act Complaint Against Sussex County Council Dear Mr. Kramer: By letters of March 23, 2011 and March 26, 2011, you have asked […]


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10-IB17 12/15/10 FOIA Opinion Letter to Mr. Cahill re: FOIA Complaint Against Town of Smyrna

Written on: December 15th, 2010 in 10002(g) Meeting10004(c) Requirements to Meet in Executive Session10004(e)(2) Notice Requirements for Regular Meetings10004(f) Minutes Requirements

Complainant assert that Town violated FOIA by not having public meetings of committee charged with selecting police chief, by not releasing applications for police chief position, and by the Town council having email discussions outside of public meeting relating to Town business. Town concedes that the subcommittee did not hold public meetings. Council concedes that members did exchange emails on Town business, but no vote was ever taken via email. HELD: Town violated FOIA by not having subcommittee hold public meetings concerning applications for selection of police chief. Town remedied the violation by holding public meeting. Town did not violate FOIA by not releasing applications. Those documents are confidential as records relating to job qualifications of applicants for public employment. Council emails did not violate FOIA because no votes were taken by email.


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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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Freedom of Information Act Complaint Against Town of Dagsboro

Written on: January 9th, 2006 in 10004(f) Minutes Requirements

Del. Op. Atty. Gen. 06-IB02 (Del.A.G.), 2006 WL 1242011 Office of the Attorney General State of Delaware Opinion No. 06-IB02 January 9, 2006 Re: Freedom of Information Act Complaint Against Town of Dagsboro *1 Mr. William B. Chandler, III 600 Main Street P.O. Box 87 Dagsboro, DE 19939 Dear Mr. Chandler: Our Office received your […]


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