Written on: August 27th, 2015 in 10001 Declaration of Policy
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE Attorney General Opinion No. 15-IB07 August 27, 2015 The Honorable Elaine Manlove State Election Commissioner 905 S. Governors Ave Ste 170 Dover, Delaware 19904 RE: Required Disclosure of Identity of Political Party Funding Campaign Advertisements Dear Commissioner Manlove: You have asked whether the […]
Written on: August 19th, 2015 in 10001 Declaration of Policy, 10004(c) Requirements to Meet in Executive Session, 10004(f) Minutes Requirements
The petitioners made 8 allegations of Freedom of Information Act (“FOIA”) violations by the Town of Dewey Beach (“the Town”) including holding discussion of a potential property purchase by email, holding a special meeting inconsistent with regular meeting day and time, posting insufficient or inaccurate agendas for two meetings, failing to meet the 15 business day deadline to provide requested records, and by failing to keep minutes of executive sessions. Held: The emails regarding property purchase did not constitute a “serial meeting” because there was not a quorum of commissioners participating. Meeting notices, agendas, and use of executive sessions complied with FOIA. A properly noticed meeting does not violate FOIA by being held at a different day and time than usual. The Town missed the 15 day deadline to provide requested records and failed to create minutes of the meeting of January 2, 2015 in a timely manner.