House Bill 359
148th General Assembly (2015 - 2016)
House Administration 5/4/16
The General Assembly has ended, the current status is the final status.
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.
This bill expressly provides that, for purposes of the Freedom of Information Act, a member of a public body must appear in person or by video-conferencing, rather than by proxy. As with the common law rule regarding voting by proxy for municipal and charitable corporations, membership in a public body is coupled with no pecuniary interest and is of the nature of a personal trust. See, e.g., Walker v. Johnson, 17 App. D.C. 144, 162, (D.C. Cir. 1900). The right to vote is committed to the discretion of the member of the public body as an individual and should not be susceptible to exercise through delegation.
Takes effect upon being signed into law