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2008 Delaware Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagde0005 and id is 1 raw text is: January 28, 2008

Ms. Pamela Holmes
150 Karlyn Drive
New Castle, DE 19720
RE: Freedom of Information Act Complaint Against
Colonial School District Board of Education
Dear Ms. Holmes:
On November 8, 2007, the Delaware Department of Justice (DDOJ) received
your complaint alleging that the Colonial School District Board of Education (the
School Board) violated the open meeting requirements of the Freedom of Information
Act, 29 Del. C. Ch. 100 (FOIA), by not allowing you to speak at a public meeting on
October 9, 2007 about your nephew's expulsion by the School Board.
By letter dated November 29, 2007, the DDOJ asked the School Board to respond
to your complaint in writing by December 10, 2007. We received the School Board's
response by facsimile on December 10, 2007. We asked the School Board for additional
information, which we received by December 19, 2007.
According to the School Board, Ms. Holmes attempted to speak [at the School
Board's October 9, 2007 public meeting] concerning the expulsion of her [nephew]. She
was free to speak at the meeting regarding other subjects, and was invited to do so twice.
Ms. Holmes was not, however, permitted to address the pending expulsion of her
[nephew]. The pending expulsion was not a matter of public concern which would have
required the expulsion to be placed on the agenda.

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