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  Category: 10001 Declaration of Policy

Attorney General Kathy Jennings


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10001-declarations

02-IB34: FOIA Complaint Against the Town of South Bethany

Written on: December 21st, 2002 in 10001 Declaration of Policy

The Complainant alleged that the Town of South Bethany (“the Town”) violated FOIA by failing to provide public record access to your requests for public records. Held: the town’s resolution dated July 27, 2001 is hereby declared unenforceable. The town is directed to adopt a public document access policy consistent with FOIA, this opinion and the various published rulings of this office as reflected in the FOIA Manual published by this office no later than February 28, 2003.


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10001-declarations

02-IB31: FOIA Complaint Against Sussex County Council

Written on: December 6th, 2002 in 10001 Declaration of Policy

The Complainant alleged that Sussex County (“the County”) violated FOIA by: (1) discussing matters of public business at a meeting on October 1, 2002 without proper notice to the public; and (2) charging an unreasonable fee ($10.00) for a copy of the County’s comprehensive land use plan. Held: (1) the agenda item sufficiently alerted the public that the Council would be discussing proposed changes to the comprehensive land use plan: and (2) $10.00 is a reasonable amount to charge for copying under FOIA. See Att’y Gen. Op. 94-IO13 (Mar. 15, 1994) (fifty cents per page reasonable).


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10001-declarations

02-IB27: FOIA Complaint Against Sussex County Council

Written on: November 4th, 2002 in 10001 Declaration of Policy

The Complainant alleged that Sussex County (“the County”) violated FOIA by meeting in executive session on September 10, 2002 and then not providing you with a copy of the minutes of that executive session. Held: the Council did not violate FOIA when it met in executive session on September 10, 2002 for the authorized purpose of discussing preliminary site acquisition, and that the Council did not violate the open records requirements of FOIA by withholding the minutes of that executive session at this time.


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10001-declarations

02-IB26: FOIA Complaint Against City of New Castle

Written on: October 28th, 2002 in 10001 Declaration of Policy

The Complainant alleged that the City of New Castle (“the City”) violated FOIA by meeting on October 1, 2002 to discuss public business without notice to the public. Held: the City’s offer to remediate this FOIA violation by publicly noticing a meeting of the Council for October 28, 2002 is sufficient.


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10001-declarations

02-IB23: FOIA Complaint Against Sussex County Planning & Zoning Commission

Written on: October 1st, 2002 in 10001 Declaration of Policy

The Complainant alleged that Sussex County Planning and Zoning Commission (“the Commission”) violated FOIA by not providing you with “copies of the revised draft [Comprehensive Plan Update]” in violation of the public record requirements of FOIA. You also allege that the Commission violated the public notice requirements of Title 9 of the Delaware Code in connection with special meetings of the Commission on September 11 and 19, 2002. Held: the Commission made these public records reasonably accessible to citizens as required by FOIA. The Commission noticed each of its meetings on August 29, September 9, and September 11, 2002 at least seven days in advance as required by FOIA.


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10001-declarations

02-IB23: FOIA Complaint Against Sussex County Planning & Zoning Commission

Written on: October 1st, 2002 in 10001 Declaration of Policy

The Complainant alleged that Sussex County Planning and Zoning Commission (“the Commission”) violated FOIA by not providing you with “copies of the revised draft [Comprehensive Plan Update]” in violation of the public record requirements of FOIA. You also allege that the Commission violated the public notice requirements of Title 9 of the Delaware Code in connection with special meetings of the Commission on September 11 and 19, 2002. Held: the Commission made these public records reasonably accessible to citizens as required by FOIA. The Commission noticed each of its meetings on August 29, September 9, and September 11, 2002 at least seven days in advance as required by FOIA.


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10001-declarations

02-IB22: FOIA Complaints Against New Castle County and New Castle County Council

Written on: September 13th, 2002 in 10001 Declaration of Policy

The Complainant alleged that: (1) the New Castle County Executive and the County Council met on July 11, 2002 without adequate notice to the public, and that they discussed matters of public business not specified in the notice; and (2) that the Executive Committee of the County Council met on July 16, 2002 without timely notice to the public, and in that meeting discussed matters beyond those listed in the agenda. Held: the County Executive and the Council did not violate the open meeting requirements of FOIA with respect to the July 11, 2002 joint meeting, and that the Council’s Executive Committee did not violate the open meeting requirements of FOIA with respect to its July 16, 2002 meeting.


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10001-declarations

02-IB21: FOIA Complaints Against Town of Fenwick Island

Written on: August 30th, 2002 in 10001 Declaration of Policy

Complainant alleged that the Town of Fenwick Island (“the Town”) violated FOIA by failing to remediate previous FOIA violations. Held: the Town did not violate the open meeting requirements of FOIA at the June 28, 2002 meeting, and that the Town has satisfied our directives to remediate the FOIA violations that occurred at meetings earlier this year.


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10001-declarations

02-IB18 Re: Freedom of Information Act Complaint Against Town of Laurel

Written on: August 19th, 2002 in 10001 Declaration of Policy

The Complainant alleged that the Town of Laurel (“the Town”) violated FOIA by not providing access to public records he requested. Specifically, he alleged that by letter dated July 12, 2002 he asked for but did not receive a copy of “an annexation report” and the Town’s “2002 Comprehensive Development Plan.” Held: the Town did not violate the public records requirements of FOIA because it provided Complainant with a copy of the annexation report on August 6, 2002.


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10001-declarations

02-IB17 Re: Freedom of Information Act Complaint Against Capital School District Board of Education

Written on: August 6th, 2002 in 10001 Declaration of Policy

The Complainant alleged that the Capital School District Board of Education (“the Board”) violated FOIA by: (1) not providing access to public records you requested; and (2) meeting to interview applicants for a new superintendent without notice to the public. Held: the School Board did not violate the public records requirements of FOIA but the School Board violated the open meeting requirements of FOIA by: (1) meeting in executive sessions on October 2 and 17, 2002 for a purpose not authorized by statute; (2) meeting in executive sessions on March 2 and 6, 2002 for a purpose not authorized by statute; (3) by meeting on March 8, 9, and 10, 2002 without posting public notices and agendas and without maintaining minutes of those meetings; (4) meeting in executive session on April 11, 2002 for a purpose not authorized by statute; and (5) meeting in executive session on April 16, 2002 for a purpose not authorized by statute.


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