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Attorney General Matt Denn


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10001-declarations

96-IB24: FOIA-Sussex County Council; Board of Adjustments & Planning and Zoning Office

Written on: July 9th, 1996 in 10001 Declaration of Policy

The Complainant alleged that the Sussex County Planning and Zoning Office, Board of Adjustment violated the Freedom of Information Act when it permitted an individual to install fuel storage tanks without a public meeting. The Complainant alleged that the Director of Planning and Zoning exceeded his authority by waiving a previously set condition. Held: the Office does not have jurisdiction to determine whether the Director exceeded his authority. There is no evidence that any decision was made concerning the fuel storage tanks and evidence points to the contrary, that no waiver was made.


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10001-declarations

96-IB24: FOIA-Sussex County Council; Board of Adjustments & Planning and Zoning Office

Written on: July 9th, 1996 in 10001 Declaration of Policy

The Complainant alleged that the Sussex County Planning and Zoning Office, Board of Adjustment violated the Freedom of Information Act when it permitted an individual to install fuel storage tanks without a public meeting. The Complainant alleged that the Director of Planning and Zoning exceeded his authority by waiving a previously set condition. Held: the Office does not have jurisdiction to determine whether the Director exceeded his authority. There is no evidence that any decision was made concerning the fuel storage tanks and evidence points to the contrary, that no waiver was made.


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10001-declarations

96-IB23: FOIA-Sussex County Council; Planning and Zoning Board and Board of Adjustments

Written on: June 20th, 1996 in 10001 Declaration of Policy

The Complainant alleged that the Sussex County Planning & Zoning Board violated the Freedom of Information Act by holding meetings in rooms that were too small and by noting that it would “take matters under advisement.” Held: the public bodies did not violate the Act by “taking matters under advisement” and holding meetings in places allegedly too small to allow for participation and observation by the public. The public body should clearly announce the time and place of the deliberation and vote, should advise the public that the session is open, and should announce that if the public elects not to attend the vote, that they can call the office in the morning during business hours for the decision. The procedure, although not specifically mandated by the Act, certainly complies with the spirit of §10001. When the meeting place may not be large enough to accommodate all the people who may wish to attend, the governmental unit must balance the public right of access against the burdens that providing additional public access would impose on the governmental unit.


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10001-declarations

96-IB22: FOIA-Town Council of Millsboro

Written on: June 18th, 1996 in 10001 Declaration of Policy

The Complainant alleged that the Millsboro Economic Development Committee and the Town Council of Millsboro held meetings in violation of the Freedom of Information Act. Held: the Economic Development Committee and the Town Council provided adequate notice of each meeting, each meeting was open to the public and minutes were taken. The meetings were not in violation of FOIA.


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10001-declarations

96-IB21: FOIA-Wilmington Housing Authority

Written on: June 11th, 1996 in 10001 Declaration of Policy

The Complainant alleged that the Wilmington Housing Authority improperly withheld records relating to plans to establish elderly housing. The Housing Authority provided the records. Held: the complaint is moot.


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10001-declarations

96-IB19: FOIA-Camden Town Council

Written on: June 3rd, 1996 in 10001 Declaration of Policy

The Complainant alleged that the Camden Town Council violated the Freedom of Information Act by improperly noticing a public meeting and entered into executive session during that meeting without a vote. Held: FOIA was violated when the Council did not properly notice the hearing in that the agenda failed to include certain items–primarily the executive session. The council further failed to properly enter into that executive session in accordance with section 10004(c), and failed to prepare and maintain the minutes of that executive session.


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10001-declarations

96-IB17: FOIA-Town of Millsboro

Written on: May 30th, 1996 in 10001 Declaration of Policy

The Complainant alleged that the Millsboro Town Council improperly conducted a public business following a public meeting without notice. The Town Council held a regularly scheduled meeting, properly noticed, during which they discussed purchasing a piece of property. The decision was put off but an hour after the meeting was adjourned, the Council reconvened and voted on an amount to offer on the property. The public was polled over the phone on whether they would support such an offer. Another meeting was held the next month during which the purchase was publicly discussed and voted on. Held: the reconvening and vote following the adjournment of the public meeting was in violation of the Freedom of Information Act, this violation was cured with the public vote during the next meeting. The telephone poll of residents was not in violation of FOIA as there was no gathering and no action was taken.


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10001-declarations

96-IB18: FOIA-Sussex County Planning and Zoning Board

Written on: May 29th, 1996 in 10001 Declaration of Policy

The Complainant alleged that the Sussex County Planning & Zoning Board misled the public by indicating that a decision on a matter could take weeks and would be decided at another meeting, and then voting on that matter later in the evening after the majority of the audience had left. The question is whether the audience at the public hearing of the Board had reasonable cause to believe that this Board would hold another public hearing at some later time before deciding the application for the Project. Held: the audience did have reasonable cause to believe the record would be open for further proceedings other than a vote. Even though the audience members were advised that they were welcome to remain based upon the Chairman’s comment and ambiguity in the conflicting statements, they could reasonably have believed that the application on the Project would not be decided that night. The failure to advise the public when a matter is to be discussed and decided is a violation of the Act. However, this is a violation of the spirit of the Act, not a specific component of the act, and no remedy is warranted.


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10001-declarations

96-IB20: FOIA-Georgetown Second Complaint

Written on: May 20th, 1996 in 10001 Declaration of Policy

The Complainant alleged that the Georgetown Town Council appointed individuals to positions without holding a public meeting. Held: No such appointments were made. Second, the Complainant alleged that meeting minutes were in violation of the Freedom of Information Act. Held: the minutes comply with the statutory requirements of the Act. Third, the Complainant alleged that the Town Council has improperly denied the public the right to comment on matters. Held: this is a legitimate exercise of a public body’s authority to determine the agenda but if the public does bring up a matter of concern, the Council should honor a request to add it to the agenda. Fourth, the Complainant alleged that the Council fails to tape meetings, in violation of the Act. Held: there is no requirement that public meetings must be recorded. Finally, the Complainant expressed concern in regards to the public record keeping of the Council. Held: this complaint lacks specificity and is not addressed.


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10001-declarations

96-IB16: FOIA-Termination of Town Manager (Georgetown)

Written on: May 15th, 1996 in 10001 Declaration of Policy

The Complainant sought a decision on the same allegations discussed in A.G. Opinion 96-IB15. Held: such opinion has already been rendered. The Office of the Attorney General will not issue an opinion as to whether the Georgetown Town Charter has been violated as that is not within the Office’s jurisdiction.


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