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Attorney General Kathy Jennings

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00-IB05: FOIA Complaint Against Red Clay Consolidated School District

Written on: February 18th, 2000 in 10001 Declaration of Policy

February 18, 2000

Civil Division-Kent County (739-7641)

Ms. M. Denise Tolliver
109 Gardengate Road
Camden, DE 19934

RE: Freedom of Information Act Complaint Against Red Clay Consolidated School District

Dear Ms. Tolliver:

On January 31, 2000, this Office received your complaint under the Freedom of Information Act (FOIA) against the Red Clay Consolidated School District. By letter dated February 4, 2000, we asked the School District to respond to your complaint. By letter dated February 15, 2000, the School District responded arguing that your complaint about a violation of the open meeting law was time-barred because the meeting occurred in November 1998, more than six months ago. The School District also provided us with a copy of a letter dated August 25, 1999 to you enclosing a copy of the minutes for the executive session held on December 16, 1998 (copy enclosed). Your claim that the School District denied you access to the “executive session minutes dated December 16, 1998” therefore is moot.

FOIA provides that a citizen complaining of a violation of the open meeting law has a right to challenge the validity “of any action of a public body by filing suit within 60 days of the citizen’s learning of such action but in no event later than 6 months after the date of the action.” 29 Del.C. Section 10005(a). This Office in the past has declined to pursue any FOIA complaint where the act complained of took place more than six months prior to the date of the complaint. Since the meeting that is the subject of your complaint occurred more than six months ago, we will not take any further action with regard to your complaint.

Very truly yours,

W. Michael Tupman
Deputy Attorney General


cc: Michael J. Rich, Esquire
State Solicitor

Philip G. Johnson
Opinion Coordinator

Katherine R. Witherspoon, Esquire