Finally, you stated that "the breakfast meeting" began with the Board President announcing to all staff members present that you had previously filed an open meeting law complaint with the Attorney General's Office and that the Board would nevertheless continue to hold these breakfast meetings.
In the Board's response through counsel dated February 24, 1995 stated that it had not had the opportunity to review the Attorney General's January 23, 1995 previous decision with Dr. Robert C. Sutton, Superintendent and bring the facts outlined in our January 23, 1995 opinion to his attention.
For the reasons stated below, we find that the Board violated the provisions of the Act for reasons outlined in our previous decision. Attached as exhibit "A" is the Attorney General's January 23, 1995 decision which outlines that the Board's practice of holding breakfast meetings under the terms outlined in your complaint violated the Act. On page three of the decision, the Attorney General's decision set forth the statutory provisions that were violated. See e.g. 29 Del. C. § 10002(b) and (e). The findings of that decision of the Attorney General are incorporated herein by reference.
As a final note, the Board's counsel indicated in the Board's February 24, 1995 response that the "Board has decided not to host future breakfast meetings." Counsel, however, indicated that if such breakfast meetings are held, the meetings will be chaired by the Superintendent and no more than 2 of the 5 Board Members will be present. Hence, the Board believes that having less than a quorum present that it will be in violation of the Act. The Board's counsel further concluded that since there will not be a quorum of the members of the Board, it shall not be considered a public meeting under 29 Del C. § 10003(e).
This office offers the Board a word of caution. In the amended definition of "public body" as contained in 29 Del. C. § 10002(a), following the Supreme Courts decision in Delaware Solid Waste Authority v. News Journal Company, Del. Supr., 480 628(1984), the General Assembly made clear that the definition of a public body included "at hoc committees, special committees, temporary committee, advisory board committee, and sub-committee" and included such committees "established by anybody established by the General Assembly of the State of