Civil Division-Kent County (739-7641)
Ms. M. Denise Tolliver
109 Gardengate Road
Camden, DE 19934
RE: Freedom of Information Act Complaint Against Red Clay Consolidated
Dear Ms. Tolliver:
On January 31, 2000, this Office received your complaint under the Freedom
of Information Act (FOIA) against the Red Clay Consolidated School District.
By letter dated February 4, 2000, we asked the School District to respond
to your complaint. By letter dated February 15, 2000, the School District
responded arguing that your complaint about a violation of the open meeting
law was time-barred because the meeting occurred in November 1998, more
than six months ago. The School District also provided us with a copy of
a letter dated August 25, 1999 to you enclosing a copy of the minutes for
the executive session held on December 16, 1998 (copy enclosed). Your claim
that the School District denied you access to the "executive session minutes
dated December 16, 1998" therefore is moot.
FOIA provides that a citizen complaining of a violation of the open
meeting law has a right to challenge the validity "of any action of a public
body by filing suit within 60 days of the citizen's learning of such action
but in no event later than 6 months after the date of the action." 29 Del.C.
Section 10005(a). This Office in the past has declined to pursue any FOIA
complaint where the act complained of took place more than six months prior
to the date of the complaint. Since the meeting that is the subject of
your complaint occurred more than six months ago, we will not take any
further action with regard to your complaint.
Very truly yours,
W. Michael Tupman
Deputy Attorney General
cc: Michael J. Rich, Esquire
Philip G. Johnson
Katherine R. Witherspoon, Esquire
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