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00-IB19 Re: Freedom of Information Act Complaint Against Woodbridge School District

Written on: November 8th, 2000 in 10001 Declaration of Policy

 

Del. Op. Atty. Gen. 00-IB19 (Del.A.G.), 2000 WL 1920149

Office of the Attorney General

State of Delaware

Opinion No. 00-IB19

November 8, 2000

Re: Freedom of Information Act Complaint Against Woodbridge School District

*1 Mr. Milton F. Morozowich

R.D. 2, Box 166

Bridgeville, DE 19933

Dear Mr. Morozowich:

On September 19, 2000, our Office received your complaint alleging that the Woodbridge School District (the “School District”) violated the Freedom of Information Act, 29 Del. C. Chapter 100 (“FOIA”), by not providing you with access to public records.

By letter dated September 29, 2000, our Office asked the School District to respond to your complaint within ten days. At the request of the School District, we granted an extension of time until October 26, 2000. We received the School District’s response, together with supporting documents, on October 26, 2000.

By letter dated July 28, 2000, you made a FOIA request to the School District for: (1) the approved regular meeting minutes for June 13, 2000; (2) the number of students currently enrolled in the secondary summer school program by specific subject area: and (3) the total number of board members, administrators, community members and staff who attended the SREB Conference and the Arlington Echo Workshop, with a breakdown of the costs for each event. You also asked to listen to the audio tapes of the April 22 and June 13, 2000 regular board meetings.

By letter dated August 2, 2000, the School District provided you with the June 13, 2000 minutes. The letter stated that the secondary summer school information “is being prepared by Ms. Kay Smith and will be forwarded to you upon receipt by the District Office.” The custodian of the tapes was on vacation, and the School District stated that when he returned he would “contact you regarding the listening of the two (2) audio tapes you requested.”

By letter dated September 15, 2000, the School District provided you with “the documentation regarding the SREB Conference in Nashville and the Arlington Echo Staff Retreat in Annapolis. You will also find a breakdown by expense category and funding source for the SREB Program.”

The School District did not provide you with the secondary summer school information you requested until October 24, 2000. We do not believe that was as timely as it should have been, but the fact remains the you received the information you requested.

As for the two audio tapes, the School District has offered to make them available. You can make arrangements to listen to them during ordinary business hours.

 

Conclusion

 

For the foregoing reasons, we conclude that the School District did not violate the public records requirements of FOIA.

Very truly yours,

W. Michael Tupman

Deputy Attorney General

 

Approved:

 

Michael J. Rich

State Solicitor

Del. Op. Atty. Gen. 00-IB19 (Del.A.G.), 2000 WL 1920149





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