rescheduled meeting shall be defined as one to be held less than 7 days after the scheduling decision is made. The public notice of a special or rescheduled meeting shall include an explanation as to why the notice required by paragraph (1) of this subsection could not be given. (Emphasis Supplied).
For the following reasons, this office finds that although there was an initial violation of the Act at the Town Council's June 14, 1995 meeting, it subsequently held a Special Meeting on August 8, 1995 in compliance with the Act. We find that the August 8, 1995 Special Meeting was held with an appropriate public notice and agenda in accordance with 29 Del. C. § 10004(e)(2). The Town Council voted again on the matter and essentially ratified its previous illegal action.
In the Town Council's August 9, 1995 response (attached) it conceded that, "[t]here is no question that the Chamber of Commerce matter was not specifically on the agenda for the June 14, 1995, Town Council meeting." However, the Town Council represented the Chamber of Commerce has now vacated Town Hall and "has found other quarters." Id. In addition, the Town Council's attorney noted that the Town Council has properly advertised its Special Meeting, and voted a second time on the issue. According to our review of the meeting minutes of the August 9, 1995 Special Meeting the second vote resulted in an identical result with the first vote to evict the Chamber of Commerce. The Town Council's attorney also noted that, as counsel, that he has subsequently met with the Town Manager, the Mayor and individual Town Council members and discussed the provisions of the Act