The Delaware Attorney General (AG) rules the Association of Coastal Towns (ACT) violated FOIA requirements and must act as a public body.
ACT is composed of seven southern Delaware coastal communities, including Lewes, Henlopen Acres, Rehoboth, Dewey Beach, Bethany Beach, South Bethany and Fenwick Island.
According to the body's mission statement, " ACT strives to collectively preserve and protect the unique character of coastal Delaware by focusing on the preservation of coastal ecosystems and other critical issues such as beach replenishment, maintenance of navigable waterways, tidal flooding, and sea level rise."
The Department of Justice made the decision after a petition was filed alleging the group was not holding open meetings, denying residents the opportunity to be involved in matters related to the US Wind offshore wind project.
The petition additionally accused ACT of holding meetings without providing appropriate public notice, not maintaining meeting minutes and failing to maintain an online portal for receiving FOIA requests.
To determine if an entity is a public body, it must have been established by the General Assembly or appointed by any public official of the state.
In their rebuttal, ACT argued they are a voluntary organization consisting of members from various coastal towns in Delaware, which was not created by the General Assembly or other legislative bodies.
The AG’s office refuted this claim, noting all seven participating coastal towns were established by charters enacted by the General Assembly and therefore ACT is itself a public body.
The petition came from Edward Bintz who also alleged the body appointed a two-member US Wind Committee, which met without appropriate public notice or required public participation.
The petition included a mayor’s December 1, 2023 email stating that two mayors of the alleged committee met with US Wind to discuss a counterproposal related to the US Wind/ACT agreement.
ACT argues the US Wind Committee is not a public body, but Deputy Attorney General Dorey Cole wrote the body did not include any factual basis to dispute the claim
The Office of the Attorney General recommends ACT redo any meetings and votes taken at noncompliant meetings at future meetings following FOIA requirements, or the matters could be invalidated by the Delaware Court of Chancery.
