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2007 Delaware Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagde0004 and id is 1 raw text is: January 25, 2007 Civil Division-Kent County (739-7641) Mr. John R. Collier Ms. Marion L. Jones 301 Coulter Street 411 Behringer Avenue Milton, DE 19968 Milton, DE 19968 Re: Freedom of Information Act Complaint Against Town of Milton Dear Mr. Collier and Ms. Jones: On December 1, 2006, our Office received your complaint under the Freedom of Information Act, 29 Del. C. Ch. 100 (FOIA), against the Town of Milton (the Town) alleging that the Mayor and members of the Town Council violated the open meeting requirements of FOIA by meeting in 'small groups of three or less (thus falling short of a quorum) ... on at least three separate occasions with each of the two companies competing for [a] waste water treatment contract: Artesian and Tidewater. ' On the day of the last subquorum meeting (November 3, 2006), the Town posted public notice of a special meeting for November 13, 2006. You provided us with a copy of the notice and agenda for that special meeting which listed as the only matter for discussion, Wastewater. According to your complaint, at the November 13, 2006 special meeting each company 1 You also allege that the Town did not follow the procedures required in the Town Charter for scheduling a special meeting on November 13, 2006 to discuss wastewater treatment. That issue of municipal law is outside our jurisdiction under FOIA.