26-IB50 8/24/26 FOIA Opinion Letter to Dr. Amy Roe re: Birth to Three Interagency Coordinating Council

Re:      FOIA Petition Regarding the Birth to Three Interagency Coordinating Council

We write in response to your correspondence alleging that the Birth to Three Interagency Coordinating Council (“ICC”) violated Delaware’s Freedom of Information Act, 29 Del. C. §§ 10001-10008 (“FOIA”).  We treat your correspondence as a Petition for a determination pursuant to 29 Del. C. § 10005 of whether a violation of FOIA has occurred or is about to occur.  For the reasons set forth below, we determine that the ICC violated FOIA by failing to: (1) timely post its agenda for its July 28, 2026 meeting with an anchor location on the State meeting website; and (2) post its draft minutes for the April meeting online within the required timeframe.

This Petition alleges that the ICC violated FOIA by failing to post an agenda with an anchor location for its July 28, 2026 quarterly meeting within the requisite seven days in advance of the meeting.  In addition, you assert that the ICC failed to electronically publish the draft minutes for its April 2026 meeting, as required of public bodies in the executive branch that hold meetings less than four times a year.

On August 5, 2026, the ICC, through its legal counsel, replied to the Petition (“Response”). The ICC included an affidavit from the Bureau Chief of the Division of Public Health, who attests that the ICC’s failure to timely post the agenda, anchor location, and draft meeting minutes was the result of administrative oversight.  As remediation, the ICC proposes to reconvene the July 28, 2026 meeting and revote on the items discussed at that meeting at its September 8, 2026 meeting, which will have a physical anchor location.  The ICC also states that April 28, 2026 meeting minutes have been posted.