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Attorney General Kathy Jennings

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  Archived Posts From: 1995


95-IB15 Freedom of Information Act Complaint Mayor and Council of City of New Castle 29 Del. C. ‘ 10005(e)

Written on: March 24th, 1995 in 10001 Declaration of Policy

The Complainant alleged a violation of the Freedom of Information Act’s open meeting requirements when the City of New Castle posted a revised agenda the day of a public meeting but did not provide a reason in the agenda for the delay. The open meeting was held to discuss a proposed ordinance. The City argued that an administrative oversight is not a substantive violation of FOIA. Held: failure to state a reason for delay in posting an agenda is a violation of FOIA. The city must issue a new ordinance in compliance with FOIA.

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95-IB13: Re: Freedom of Information Act Complaint Milford, Woodbridge, Indian River, Seaford and Laurel School Districts 29 Del. C. § 10005(e)

Written on: March 20th, 1995 in 10002(l) (1) Exemptions - Personnel

The Complainant alleged that Seaford, Indian River, Laurel, Woodbridge and Milford School Districts improperly refused to provide the names and salaries of all district teachers. The districts provided the salaries, but not names, of the teachers. Held: there is no statutory exemption that prevents the disclosure of public school districts’ teachers’ names and salaries.

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95-IB37: RE: Freedom of Information Act Complaint 29 Del. C. § 10005(e)

Written on: March 8th, 1995 in 10002(g) Meeting10002(h) Public Body

The Complainant alleged that the “breakfast meetings” described in AG Opinion 95-IB04 continued to be held. A discussion of suggestions for betterment of the school system is considered public business. Because a quorum of the Board was present, the breakfast meetings should be considered public meetings within the meaning of the statute. Counsel for the school board noted that the board will not hold breakfast meetings any more but, if they do, a quorum will not be present. Held: if a quorum of a subcommittee is present and makes recommendations to the full board, it is considered a public body under the Freedom of Information Act and must abide by open meeting requirements.

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95-IB12: Re: Freedom of Information Act Committee on Massage/Bodywork Practitioners

Written on: March 7th, 1995 in 10002(l) (4) Exemptions - Criminal Files and Criminal Records

The Requestor, the Director of the Division of Professional Regulations, sought clarification on which components of applications for licensure should be released under the Freedom of Information Act. Held: Criminal records, including those submitted by the applicants, cannot be released. The rest of a licensure applicant’s application should be provided.

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