AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC BODIES.

Plain English Breakdown

The official source material does not provide specific details on how meetings must be open to the public, only clarifies the definition of a meeting under FOIA.

Clarifying Rules About Public Meetings

This act clarifies that a quorum does not define the identity of a public body and provides guidance on determining if a meeting is official under Delaware's Freedom of Information Act (FOIA).

What This Bill Does

• Changes how Delaware determines whether a group is having an official meeting by stating that just because enough people are there to make decisions doesn't mean the group's identity changes.
• Requires looking at the governing document and actual business being done to figure out if it's an official meeting.

Who It Names or Affects

• Public bodies in Delaware, like city councils or school boards.
• People who want to know when these groups are having meetings.

Terms To Know

quorum

The minimum number of members needed for a public body to conduct official business.

governing document

A written set of rules that defines how a public body operates and who its members are.

Limits and Unknowns

• Does not specify what happens if the governing document is unclear.
• The bill does not change when meetings must be open to the public, just how they are identified.
• It's not clear yet when this act will become law and start being used.

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC BODIES.
This Act clarifies that quorum does not define the identity of a public body. Under rules of parliamentary procedure like Mason’s Manual or Robert’s Rules of Order, quorum is used to determine whether enough of a body is present to conduct business. Under Delaware’s Freedom of Information Act (FOIA), quorum is used to determine whether a public body is holding a “meeting” as defined under FOIA and therefore required to comply with open meeting requirements. However, quorum is not, under parliamentary procedure or FOIA, dispositive to determining the identity of the public body that is meeting. The governing document that creates the body determines the identity of the body under parliamentary law and that, in addition to an examination of the actual public business being conducted, will guide answers to questions about the identity of the public body for purposes of FOIA.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Townsend & Sen. Seigfried & Rep. Harris

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 290

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC BODIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 10004, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 10004. Open meetings.

(a)

(3) A public body has not held a meeting under this chapter solely because a quorum of that public body does either of the following:

a. Attends a meeting of another public body.

b. Serves as members of another public body holding a meeting.

SYNOPSIS

This Act clarifies that quorum does not define the identity of a public body. Under rules of parliamentary procedure like Mason’s Manual or Robert’s Rules of Order, quorum is used to determine whether enough of a body is present to conduct business. Under Delaware’s Freedom of Information Act (FOIA), quorum is used to determine whether a public body is holding a “meeting” as defined under FOIA and therefore required to comply with open meeting requirements. However, quorum is not, under parliamentary procedure or FOIA, dispositive to determining the identity of the public body that is meeting. The governing document that creates the body determines the identity of the body under parliamentary law and that, in addition to an examination of the actual public business being conducted, will guide answers to questions about the identity of the public body for purposes of FOIA.

Author: Senator Townsend