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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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