Delaware Open Meetings Law
From Sunshine Review
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Which government meetings are open to the public?
[edit] Meeting process
Meeting that are regularly held by a division of the state, i.e. counties, Delaware cities or school districts, must be held in a public place within the geographic jurisdiction of that public body.
- If anyone is "seriously and willfully" disruptive during a meeting, they can be escorted from the meeting.
- The public must be notified of meetings seven days ahead of time. This notice must include an agenda along with the date, time, and place. If sessions are changed then they don't have to meet the seven day requirement but must explain the reason why for the reschedule.
- When the agenda is not available as of the time of the initial posting of the public notice it shall be added to the notice at least 6 hours in advance of said meeting, and the reasons for the delay in posting shall be briefly set forth on the agenda.
[edit] Meeting minutes
Meeting notices can include posting at the office holding the meeting or the office where the meetings are regularly held.
- Meeting minutes must be recorded for all government meetings, even closed ones. The minutes must include a record of those members present and a record, by individual members, of each vote taken and action agreed upon.
- Such minutes or portions thereof, and any public records pertaining to executive sessions conducted pursuant to this section, may be withheld from public disclosure so long as public disclosure would defeat the lawful purpose for the executive session, but no longer.
[edit] Exceptions
There are exceptions to holding the open meeting law where a government entity may hold a closed session. These closed sessions are referred to as "Executive sessions and may occur for the following reasons:
[edit] Privacy
- Privacy is granted for meetings when discussing the qualifications for an individual applying for a job.
- This does not count towards individuals who are applying for a license which must be approved by a public body.
- First time discussions for buying property for public programs.
- Information regarding the apprehension of a criminal.
- Strategy meetings with lawyers.
- Discussing the identity of lawful charitable contribution
- Discussion of documents that have been defined as "not a public record."
- Hearing student and employee disciplinary cases
- Matters where an individual's competency are discussed.
- Though those subject to the meeting may request that it be open.
[edit] Government divisions
The following meetings are not subject to the open records law:
- Grand juries, Petit juries and Special juries
- The deliberations of any court;
- The Board of Pardons and Parole;
- Public bodies having only 1 member;
- Public bodies within the legislative branch of the state government other than the House of Representatives, the Senate, the Joint Finance Committee, the Joint Committee on Capital Improvement, the Joint Sunset Committee, Legislative Council, committees, excluding ethics committees, specifically enumerated and created by Resolution of the House of Representatives and/or Senate or task forces specifically enumerated and created by Resolution of the House of Representatives and/or Senate;
- The Violent Crimes Compensation Board may close any meeting to the public where a sexual offense or a child is being discussed.
- Deliberations by State Human Relations Commission, Industrial Accident Board and Tax Appeals Board.
[edit] By votes
A meeting can be a closed session by a majority vote of members present at a meeting. This must happen at a public meeting where a closed session is recorded in the minute sessions. The purpose of such executive sessions are limited to public business but cannot be voted on at that time.
[edit] If violated
If the Open Meetings Law is violated then a resident may contact the Attorney General. When this is filed the Attorney General has 20 days to respond and decided if a violation has occurred.
If a violation has occurred the citizen may file suit or request that Attorney General file suit on his or her behalf. The citizen has rights to file the suit regardless of what the Attorney General determines.
[edit] Violations
In July of 2009 two county officials for Sussex County, Delaware were charged with violating the Delaware Freedom of Information Act by refusing to release e-mails proving two of the county members had discussed county business outside of a public meeting. Dan Kramer and Dan Gaffney, host of a morning show on WGMD radio, filed requests seeking all email and text messages between former Sussex County Council President Dale Dukes, County Administrator David Baker, Deputy Administrator Hal Godwin and six current or former council members. The Attorney General ruled that charging the amount of $227.12 for the public records was not a violation of the Freedom of Information Act, though could be a violation of the Open Meetings Law. [2]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of open meetings lawsuits in Delaware. For more information go the page or go to Delaware sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
We do not currently have any pages on litigation in Delaware. To add some see our Sunshine litigation project page.
[edit] See Also
[edit] External links
[edit] References
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