Does a town have to give special notice before voting to make trash collection mandatory for all residents?

Official title

99-IB17: FOIA Complaint Against Town of Townsend

Plain-English summary

A resident complained that the Town of Townsend adopted a mandatory trash collection policy without giving the public proper legal notice. After the AG asked the town whether its agenda had flagged the issue for discussion and a vote, the town produced the agenda and minutes for its October 6, 1999 meeting. The agenda listed "Mandatory Trash Collection For All Residents" as a new business item, posted in accordance with FOIA's notice requirements, and the minutes showed the council fully discussed the issue before a majority vote adopted mandatory collection, set to begin January 1, 2000. Because the only FOIA question actually raised was whether the town gave adequate legal notice that this vote might happen, and the agenda and minutes squarely showed that it did, the AG found no violation and closed the complaint without further action.

Currency note

This opinion was issued in 1999. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Does a town need to give extra or special notice before voting to make a service like trash collection mandatory?
A: Not beyond FOIA's ordinary agenda requirements, according to this opinion. The AG found that properly listing the item as new business on a regularly posted agenda was sufficient.

Q: What does an agenda have to say to give adequate notice of a vote on a new town policy?
A: In this opinion, the AG accepted a plainly worded item, "Mandatory Trash Collection For All Residents," listed under new business, as sufficient notice that the council might discuss and vote on the issue.

Q: If a resident complains that a policy was adopted secretly, how does the AG check that?
A: The AG's review here focused narrowly on the agenda and meeting minutes, confirming that the topic was listed in advance and that the minutes documented a full discussion before the vote.

Background and statutory framework

The complaint concerned whether Townsend's October 6, 1999 vote adopting mandatory trash collection was properly noticed under 29 Del. C. § 10004's meeting notice and agenda requirements. Because the agenda listed the specific item as new business and the minutes documented a full discussion followed by a majority vote, the AG found the town's process satisfied FOIA's notice requirements and closed the complaint without finding any violation.

Citations and references

Statutes:

• 29 Del. C. § 10004, meeting notice and agenda requirements

Source

• Landing page: https://attorneygeneral.delaware.gov/1999/12/22/99-ib17-foia-complaint-against-town-of-townsend/

Original opinion text

Civil Division-New Castle County December 22, 1999

Ms. Sharon Yealey

P.O. Box 151

Townsend, DE 19734-0151

RE: FOIA Complaint/Town of Townsend

Dear Ms. Yealey:

On October 27, 1999, you filed a Freedom of Information Complaint with our office against the Town of Townsend alleging two violations, one dealing with the declaration of a trick or treat night and the other relating to mandatory trash collection. The issue relating to the trick or treat night was addressed previously in my letter of October 29, 1999.

By my aforesaid letter of October 27, 1999, I requested that the Town Council respond to your complaint that the Town had came to a resolution relating to mandatory trash collection without proper public notice. Specifically, I asked “. . . whether the agenda contained a notice that the issue would be discussed and voted upon at the Council meeting. If the Council believes that the issue was not one that required agenda notice, please explain the basis for that belief.

By letter of November 22, 1999, the Town Council, through its attorney, notified me that “[t]he Town has not taken an official action on that issue. They will be holding a public hearing and then taking official Council action. It is my understanding that they do intend to make trash collection mandatory.” In a subsequent letter, I requested that the Town Council provide me with the agenda and minutes for the meeting of October 6, 1999. I received the Town Council’s reply including the minutes and agenda for October 6, 1999, on December 14, 1999.

Under new business on the agenda, the Council included item IX. (C) “Mandatory Trash Collection For All Residents.” The agenda was properly posted in accordance with 29 Del.C. §10004.

The minutes show that there was a full discussion of the issue of mandatory trash collection and that upon motion made and passed by a majority of the Council, mandatory collection was adopted and procedures established to have the mandatory trash collection commence on January 1, 2000. A copy of the agenda and Council minutes are enclosed.

Since the only Freedom of Information Act issue presented to this office by your complaint was whether there was adequate legal notice for any Town action relating to mandatory trash collection, we find that the agenda and minutes meet all of the requirements set by the Freedom of Information Act. Having found that no violation occurred, no further action will be taken upon your complaint of October 27, 1999.

Very truly yours,

Michael J. Rich

State Solicitor

MJR/sam

encl.

cc: Clifford B. Hearn, Jr., Esquire (w/o encl.)

W. Michael Tupman, Deputy Attorney General (w/o encl.)

Mr. Phillip G. Johnson