AG opinion on Governor’s charter group is here
Delaware’s office of the Attorney General has issued its opinion on the Governor’s Working Group on Charters, in response to a FOIA petition filed by John Flaherty and others. Full text is here..
Basically, the opnion finds the group WAS a public body fully subject to FOIA, and was obliged to keep and publish minutes and to publish neeting times and agendas in advance. No violator was identified, and the opinion declined to suggest remediation.
The opinion directly contradicts assertions from the Governor’s office and from the Department of Education that the group was not a public body or subject to FOIA because it was informal and had no decision-making authority. Neither of those claims is a legitimate exemption from FOIA as found in the law.