Ms. Kathleen M. Morozowich
James D. Griffin, Esquire
January 23, 1995
shall have the opportunity to observe the performance of public officials and to monitor
the decisions that are made by such officials in formulating and executing public policy; and
further, it is vital that citizens have easy access to public records in order that the society remain
free and democratic. Toward these ends, and to further the accountability of government to the
citizens of this State, this chapter is adopted, and shall be construed.
29 Del. C. § 10002(b).
"Public business" means any matter over which the public body has supervision, control,
jurisdiction or advisory power.
29 Del. C. § 10002(e).
"Meeting" means the formal or informal gathering of a quorum of the members of any public
body for the purpose of discussing or taking action on public business.
DECISION AND ORDER
For the following reasons, the Attorney General believes a violation of the Act has occurred.
From the characterization of the District's counsel as outlined above, the discussion of the
meeting is "primarily led by the Superintendent who provides the introduction of the invitees
allowing each of them to present some biographical information, explaining their backgrounds,
their present jobs, and offering suggestions for betterment of the school system." First, the
District does not dispute that a quorum of the Board is present. 29 Del. C. § 10002(e).
Second, by the District's own analysis, a discussion by the invited employees involves "offering
suggestions for the betterment of the school system" in their official capacity which this office
finds clearly constitutes the "discussing of public business." 29 Del. C. § 10002(e). It
also is clear from the District's response that this discussion concerns matters over which the
District has "supervision, control, jurisdiction or advisory power." 29 Del. C. §
If the Board continues to hold said meetings, this office formally requests that the