Delaware General Assembly

Senate Elections & Government Affairs 4/21/26

Awaiting consideration in Committee

4/21/26

Townsend

Sen. Seigfried
Rep. Harris

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.

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