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Attorney General Kathy Jennings

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  Archived Posts From: 1996


96-IB02A: FOIA Complaint

Written on: October 17th, 1996 in 10001 Declaration of Policy

The Requestor sought a review and modification of AG Opinion 96-IB02 in light of AG Opinion 96-IB26 regarding the Sussex County Council. Held: any questionable circumstance must be resolved in favor of the public’s right to know and have access to the meetings and records of public bodies and, therefore, there is no reason to modify the original order.

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96-IB32 Re: Freedom of Information Act Complaint dated May 17, 1996 Woodbridge School District

Written on: October 10th, 1996 in 10001 Declaration of Policy

The Complainant alleged that Woodbridge School District Board of Education violated the open meeting requirement of the Freedom of Information Act by discussing non-personnel matters during an executive session called for the purpose of discussing personnel matters. The Board argued that all matters discussed were permissible under FOIA. Held: the Board did not violate FOIA’s open meeting requirements because personnel matters were discussed and other there was no evidence of anything improper being discussed. Also, although engaging in consensus votes is typically impermissible, with respect to teacher transfers where board had no authority over or advisory power with respect to such transfers, there is no FOIA violation.

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