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2023 Op. Del. Att'y Gen. 1 (2023)

handle is hein.sag/sagde0070 and id is 1 raw text is: KATHLEEN JENNINGS
ATTORNEY GENERAL

DEPARTMENT OF JUSTICE
820 NORTH FRENCH STREET
WILMINGTON, DELAWARE 19801

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE
Attorney General Opinion No. 23-IBOI
January 9, 2023

VIA EMAIL
Mike Lang
Mikelang.302 @gmail.com

RE: FOIA Petition Regtardingt the Delaware Interscholastic Athletic Association
Board of Directors
Dear Mr. Lang:
We write regarding your correspondence alleging that the Board of Directors of the
Delaware Interscholastic Athletic Association (DIAA) violated the Delaware Freedom of
Information Act, 29 Del. C. §§ 10001-10007 (FOIA). We treat your correspondence as a
Petition for a determination pursuant to 29 Del. C. § 10005 regarding whether a violation of FOIA
has occurred or is about to occur. For the reasons set forth below, we find that in these
circumstances, the Board did not violate FOIA at its November 10, 2022 meeting.
BACKGROUND
On November 10, 2022, the DIAA Board conducted an executive session for a DIAA
Personnel Matter. After returning to open session, the Petition alleges that a Board member called
for a vote on that thing we discussed in executive session.1 Minutes of the meeting indicate that
the motion was to take administrative action as discussed in executive session.2 The motion
carried unanimously. You believe that the public has a right to know what public bodies are voting
on, even when the action results from an executive session. In the Petition, you argue that the vote

2       Id.

1             Petition.

CIVIL DIVISON (302) 577-8400
CRIMINAL DIVISON (302) 577-8500
DIVISON CIVIL RIGHTS& PUBLIC TRUST (302) 577-5400
FAMILY DIVISON (302) 577-8400
FRAUD DIVISON (302) 577-8600
FAX (302) 577-2610

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