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Dewey Beach did not violate the Freedom of Information Act in providing public notice for town council meetings regarding the Ruddertowne development project, the Delaware Department of Justice finds.
On July 24 and 25, Ellen Danaher of Dewey filed Freedom of Information Act (FOIA) complaints against the town, alleging that Dewey officials did not provide adequate notice about the building height of the Ruddertowne development proposal and did not provide the public with updated draft copies of the town’s comprehensive plan.
On the issue of public meetings, Danaher said the town did not post adequate notice of meetings held on May 11, May 24, June 8, June 15, June 22 and June 29 in the Cape Region’s two newspapers, the Cape Gazette and the Coast Press. Danaher also said the notices did not accurately disclose what would be discussed at the meetings, specifically, building height requirements for the proposed Ruddertowne project.
However, the town stated it had posted notice of the meetings at Town Hall, the town council’s primary office. FOIA requires a public body to post notices of meetings at its primary office and on this basis justice officials said the town’s notice was sufficient. The town is not required by FOIA to post notice in local newspapers or on the town website, the latter of which is done as a courtesy to citizens and is encouraged, but not required by FOIA.
In regards to Danaher’s other claim, that the subject of the agendas was not accurately disclosed, justice officials said FOIA requires the town to give notice of what matters it intends to discuss but not to specify every subject that could arise.
Danaher also alleged that the town violated the public records requirements of FOIA by not posting the most complete, recent draft of the comprehensive plan on the town website. However, the town contended that FOIA does not require them to maintain electronic copies of records on the town website and that when Danaher came to Town Hall to get the most recent copies, they were given to her. Once again, justice officials sided with the town.
Both Brady and Danaher could not be reached for comment.
Contact Ryan Mavity at ryanm@capegazette.com
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