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Attorney General Kathy Jennings

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  Archived Posts From: 2000


00-IB12: Re: Freedom of Information Act Complaints Against Woodbridge School District

Written on: June 28th, 2000 in 10002(a) Agenda

This opinion concerns three separate claims of Freedom of Information Act (“FOIA”) violations brought by Complainant against Woodbridge School District, arising out of board and committee meetings leading to an ultimately unsuccessful referendum. Held: FOIA does not require that public bodies holding public meetings permit members of the public to speak at such public meetings. In addition, and based on case law from the Delaware Court of Chancery, technical violations of FOIA – such as notice language indicating that the board will “reconsider” an issue when it is technically just “considering” the issue for the first time – are not sufficient to support either declaratory or injunctive relief against the public body. While there were certain technical violations of FOIA made by the district, none rose to a level sufficient to warrant remedial measures. The district was warned to be more careful in the future.

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