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Attorney General Kathy Jennings

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  Archived Posts From: 2005


05-IB06: RE: F.O.I.A.Complaint Against Rehoboth Beach Board of Adjustment

Written on: March 9th, 2005 in 10001 Declaration of Policy

Complainant alleged that the Board of Adjustment violated FOIA by: (1) failing to post the agenda of a public meeting 7 days in advance; (2) failing to prepare minutes of two public meetings (3) charging an unreasonable fee ($4 a page) for a transcript of Board meetings. Held: the Board violated the public notice requirements of FOIA by failing to post an agenda for that meeting seven days in advance and not listing all of the matters of public business to be discussed at that meeting. The case decisions the Board produced as “minutes” did not cover all the topics discussed at the meeting, nor did they identify individual Board members and how they voted and do not constitute minutes under FOIA. FOIA was violated by the $4 a page charge, as once a transcript is in the possession of the Board, the law only allows a reasonable charge for copying ($1 per page and $2 per page charged by courts have been determined reasonable).

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