Written on: January 2nd, 1996 in 10002(h) Public Body
The Requestor sought information from the Delaware Supreme Court and Municipal Court of Wilmington regarding a 1995 vacancy. The original request was to the Governor and was denied. However, the request did reference the Courts and was, therefore, addressed by the Attorney General’s office. Held: the Courts are not public bodies created by the General Assembly under the Freedom of Information Act and any deliberations are specifically excluded from FOIA. Additionally, the request is denied because the judiciary has no input in the filling of judicial vacancies which are filled by the Governor with the advice and consent of the Senate.
The Complainant alleged that administrative-staff meetings held by the school district should be considered public meetings because school board members were present. The district argued that only two board members were now present at the meetings, not a quorum, and that those members were not appointed to a subcommittee or special ad hoc committee. Held: if the board members make any formal or informal, express or implied recommendations to the full Board based upon any action proposed at the administrative-staff meetings, they would be considered a subcommittee and subject to open meetings requirements. However, based upon current facts, there is no violation of the Freedom of Information Act.
The Complainant alleged that the “breakfast meetings” described in AG Opinion 95-IB04 continued to be held. A discussion of suggestions for betterment of the school system is considered public business. Because a quorum of the Board was present, the breakfast meetings should be considered public meetings within the meaning of the statute. Counsel for the school board noted that the board will not hold breakfast meetings any more but, if they do, a quorum will not be present. Held: if a quorum of a subcommittee is present and makes recommendations to the full board, it is considered a public body under the Freedom of Information Act and must abide by open meeting requirements.
Written on: January 24th, 1995 in 10002(h) Public Body
The Complainant alleged that the Court on the Judiciary improperly refused to allow him to review the record and non-sworn testimony of a case. Held: the deliberations of courts are not public meetings pursuant to 29 Del. C. 10004(h)(4) and the requested records from such deliberations are not public records that can be reviewed.
Written on: January 18th, 1995 in 10002(h) Public Body
The Complainant alleged that the Board of Bar Examiners, an arm of the Delaware Supreme Court, improperly refused to provide him with statistics regarding petitions for admission for the Delaware Bar as well as a copy of each petition for admittance of the Delaware bar. Held: the Board of Bar Examiners is not a “public body” within the meaning of the Freedom of Information Act and is, thus, exempt from the requirements of FOIA.