Delaware Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Delaware, with full citations and the original source on every page.
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Does a school board committee violate Delaware FOIA when it discusses an unrelated proposed policy that wasn't on the meeting agenda?
Yes. The Delaware AG ruled that the Christina School District's Policy Review Committee violated FOIA at its July 1, 2025 meeting by discussing a proposed new policy on board-presidency qualifications…
If a Delaware committee's agenda lists 'public education campaign' as a topic, can it vote at the meeting to appoint a liaison without separately listing that vote on the agenda?
Yes. The Dewey Beach Climate Change Committee's agenda discussion of the public education campaign was specific enough that appointing a coordination liaison was a foreseeable consequence. The Committ…
How specific does a Delaware public body's agenda have to be when noticing an executive session for legal advice?
No violation. The AG ruled the Diamond State Port Corporation Board did not violate FOIA. Its agenda label of 'strategy sessions involving legal advice' adequately noticed the executive session, and a…
Can a Delaware school board hold an unannounced executive session about Robert's Rules and vote no confidence in the superintendent?
Yes for two of four claims. The AG ruled the Christina School Board violated FOIA by holding an unannounced executive session on parliamentary procedure (not a permitted purpose) and by failing to age…
Can a Delaware city council take a discussion of police overtime, vacation, and city-vehicle use into a private executive session, and does the council have to put detailed background materials in the public meeting packet?
Not all of it. Dover City Council voted to defer Item 27 (special-event overtime, vacation, and city-vehicle usage) to a future executive session. The AG warned the Council that a general discussion o…
Can two school board members negotiate with a new superintendent privately, then bring the contract back to the full board for a vote?
Generally no, when the two-member group has been formally tasked with selecting and negotiating. The AG ruled that the Christina School Board's two-member committee that negotiated a superintendent's …
If a Delaware public body's agenda labels an item by complainant type rather than the actual school or activity, is that a FOIA notice violation?
Yes. The Delaware AG ruled DIAA's Sportsmanship Committee violated FOIA by listing the agenda item as 'Sportsmanship Complaint – Parent,' which gave no clue the discussion concerned Concord High Schoo…
If a Delaware town commissioner blurts out a personnel comment in open session, does FOIA make that a violation?
No. The Delaware AG ruled the Town of Dewey Beach did not violate FOIA when a Town Commissioner briefly mentioned concerns about the Police Chief's effectiveness during an open meeting. The Town Manag…
Can a Delaware town go into executive session about selling city property and immediately vote on the sale in open session?
Yes. The Delaware AG ruled that a Rehoboth Beach Special Meeting agenda combining a § 10004(b)(2) executive session on a possible property sale with an open-session vote on the same matter satisfied F…
Does a Delaware city violate open-meetings law by using vague or jargon-heavy language on a meeting agenda?
Not automatically. The AG found Seaford's agenda item describing a 'right to work' ordinance in dense regulatory language was still a valid 'general statement' under FOIA, even though it didn't use th…
How far in advance must a Delaware city council post its meeting agenda under FOIA?
At least seven days before the meeting. The AG found Wilmington's City Council violated FOIA by only posting its full agenda one day before an April 2017 meeting, even though the city argued its annua…
Can a public body just label an agenda item 'New Business' or 'Other Business' without describing what it is?
Usually, yes. The AG found that a college board's use of generic agenda headings like 'New Business' and 'Other Business,' and the phrase 'Personnel and Legal' to justify an executive session, did not…
Can an agency's meeting agenda just say it will 'examine' an application, or does it have to say a vote is coming?
Yes, saying the board will 'examine' an item is enough. The AG found the Delaware Agricultural Land Preservation Foundation's agenda gave the public adequate notice of a right-of-way easement request,…
Does a county violate open meetings law by voting to promote someone to department director without disclosing it on the agenda?
Yes. The AG found Sussex County Council violated FOIA's open meeting requirements when its October 2016 meeting agenda gave no hint that the Council intended to discuss and vote on a successor to the …
Does a city council violate Delaware's open meetings law by holding an all-day planning retreat without a real agenda?
Yes. The opinion found that the City of Seaford's Council violated Delaware's open meetings law by holding an all-day planning retreat without including an agenda in the meeting notice, and then provi…
Does it satisfy open-meetings law if the people affected by a vote already knew about it, even though the public meeting agenda didn't mention it?
No, according to this opinion. The University of Delaware Board of Trustees voted to revise its bylaws under a vague agenda item ('Additional Resolutions for Board Approval') that didn't mention the b…
Can a county council discuss how a new pay plan affects specific employees in a closed executive session?
Yes, according to this opinion. A resident challenged Sussex County's handling of a new employee pay plan, questioning why its impact on specific employees was discussed in executive session at a May …
Can a state agency charge me for a duplicate email search after it already searched its own records and found nothing?
Technically no violation, but poor practice, according to this opinion. The Department of Education searched its own email records for a FOIA request, found nothing, but still sent a $300 estimate for…
Can a town buy property and expand its town hall without a full public vote, as long as email discussions among a few officials don't involve a quorum?
Largely yes, according to this opinion. Property owners raised eight separate FOIA allegations against the Town of Dewey Beach over its purchase of two properties for a town hall expansion. The AG fou…
Can a school board discuss and vote on renewing a superintendent's contract in a closed executive session?
No, according to this opinion. The Appoquinimink School Board violated Delaware's open meetings law by discussing the superintendent's contract renewal in executive session (personnel-matter sessions …
Can a county council use generic boilerplate language on every meeting agenda to reserve the right to go into executive session on any topic?
No FOIA violation was found here, but the AG warned that using generic boilerplate language listing every possible executive-session exemption on every agenda, regardless of whether the Council actual…
Can a school board hire a new superintendent behind closed doors without telling the public it planned to vote?
No. The AG found that the Woodbridge School Board violated Delaware's open-meetings law by not disclosing it would vote on the superintendent's resignation and replacement, and by privately discussing…
What happens when a Delaware town council repeatedly holds closed-door meetings without explaining why?
It can't. Delaware's FOIA requires town councils to state the specific reason for any closed executive session and to list major agenda items in advance. The AG found Dewey Beach's Town Council violat…
Can a school board discuss a lawsuit update or pay-period costs behind closed doors in Delaware?
Partly, the AG found. Laurel School Board mislabeled a job-applicant discussion as a personnel matter but didn't have to fix that because the public was otherwise well informed, while its executive-se…
Can Delaware town council members avoid open meeting rules by meeting with a vendor in small groups below a quorum?
No, according to this opinion. When every council member ends up hearing the same pitch across a series of small private meetings with two competing contractors, that counts as a 'constructive quorum'…
Can a Delaware school district keep its union contract negotiation drafts and strategy secret until a final deal is reached?
Yes, according to this opinion. The AG found draft contract proposals and negotiating strategy tied to ongoing collective bargaining are exempt from FOIA and can be discussed in closed executive sessi…
Can a town council go into a closed executive session to discuss police salaries or get legal advice about the police department?
No, under the law as it stood in 2002. The AG found the Fenwick Island Town Council improperly used executive session three times to discuss police salary increases and general police department issue…
Can a Delaware school board go into closed session to discuss collective bargaining, and does it have to say so on the agenda?
The board can hold the closed session, since collective bargaining records are exempt from FOIA's public records requirements, but the AG found the board violated the law by labeling those closed sess…
Does a school board's advisory committee have to give the public seven days' notice before it meets?
Yes, according to this opinion. The Delaware AG found that a school board's Raider Committee, made up partly of board members, counted as a public body once it discussed a matter it could recommend on…
Can a school board vote to spend money on a new item that wasn't on the posted meeting agenda?
Yes, under the law as it stood in 1997, when the new item grows naturally out of a topic that was already on the agenda. The AG found Cape Henlopen's vote to fund new teaching positions didn't violate…
What happens if a town calls a special meeting on short notice without explaining why it couldn't wait seven days?
The town violated FOIA, under the law as it stood in 1997, by posting a special-meeting notice three days ahead without explaining why the usual seven-day notice couldn't be given. No remedy was order…
If a Delaware town council votes on something that wasn't on the meeting agenda, can it fix the problem by voting again the right way?
Yes, under the law as it stood in 1995. The AG found that Georgetown's Town Council violated FOIA when it voted to evict the Chamber of Commerce from Town Hall without listing the matter on the meetin…
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Attorney general opinions in Delaware are written by the Delaware Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.