If a Delaware public records complaint gets the documents released after the complaint is filed, does the Attorney General still rule on whether FOIA was violated?

Official title

96-IB21: FOIA-Wilmington Housing Authority

Plain-English summary

A Wilmington resident complained she could not get records from the Wilmington Housing Authority (WHA) about a plan to establish elderly and disabled housing in WHA properties. The Attorney General opened an investigation and asked WHA's executive director to respond. Before the AG reached a decision on whether WHA had actually violated the Freedom of Information Act, WHA voluntarily sent the resident all the records she had asked for, covering the relevant task force and any related plan or study.

Because the documents were produced, the Attorney General closed the file as moot without ever ruling on whether WHA's earlier delay had violated the Act. The opinion is a reminder that once an agency hands over what was requested, the Attorney General's complaint process typically ends there, it does not go on to decide fault for a resolved dispute.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: If an agency hands over the records after I file a FOIA complaint, does the Attorney General still decide whether the agency broke the law?
A: Not based on this opinion. Once the Wilmington Housing Authority voluntarily produced the requested records, the AG treated the complaint as moot and did not reach the question of whether an earlier violation had occurred.

Q: Does filing a complaint with the Attorney General guarantee a ruling on the merits?
A: No. This opinion shows that if the underlying records dispute resolves itself, through voluntary compliance, before the Attorney General acts, the office may close the matter as moot rather than issue findings.

Background and statutory framework

The complainant's May 2, 1996 filing under 29 Del. C. §10005(e) alleged she could not obtain WHA records concerning a task force and any plan or study on establishing elderly and disabled housing in WHA properties. After the Attorney General forwarded the complaint to WHA's executive director for a response, WHA sent the complainant copies of the relevant records before the Attorney General issued any finding. With the records in hand, the opinion concluded it was "unnecessary to determine whether a violation of the Act has occurred or is about to occur," and closed the complaint as moot.

Citations and references

Statutes:

• 29 Del. C. §10005(e), Attorney General's investigation and enforcement authority for FOIA complaints

Source

• Landing page: https://attorneygeneral.delaware.gov/1996/06/11/96-ib21-foia-wilmington-housing-authority/

Original opinion text

Civil Division – New Castle County

June 11, 1996

Del. Op. Atty. Gen. 96-IB21 (Del.A.G.), 1996 WL 345864

( holding that a FOIA complaint is moot where the public body has complied with the document request )

Ms. Maureen F. Bowser

815 W. 22nd Street

Wilmington, DE 19802

RE: Freedom of Information Act Complaint – 29 Del. C. §10005(e)

Wilmington Housing Authority

Dear Ms. Bowser:

This is a determination of your complaint under the Delaware Freedom of Information Act (“the Act”) against the Wilmington Housing Authority (“WHA”). For the reasons which follow, we conclude that your complaint is moot.

On May 2, 1996, this Office received your complaint which alleged that you were unable to obtain documents from WHA with regard to a plan to establish elderly housing within WHA’s properties.(1) On May 8, 1996, this office sent a copy of the complaint to Mr. Charles H. Smith, Jr., Executive Director of WHA, for a response according to the terms of 29 Del. C. §10005(e). On May 16, 1996, this office received a copy of a response by Mr. Smith to Ms. Bowser which purported to contain the following:

1. All public records relating to a task force for the establishment of elderly and/or disabled individuals in properties owned or operated by WHA; and

2. All public records relating to any plan or study developed by WHA or any task force established by WHA concerning elderly and/or disabled individuals and properties owned or operated by WHA.

In view of WHA’s voluntary production of the relevant documents requested by Ms. Bowser, we conclude that the complaint is moot and it is unnecessary to determine whether a violation of the Act has occurred or is about to occur under 29 Del. C. §10005(e).

Thank you for your courtesy and cooperation with respect to this matter. If you require any further assistance from our office, please do not hesitate to contact us.

Very truly yours,

Lawrence W. Lewis

Deputy Attorney General

APPROVED:

Michael J. Rich

State Solicitor

JKW/LWL/jb

cc: Charles H. Smith, Jr., PHM, Executive Director, WHA

Elizabeth Bacon, Opinion Administrator

1. Since the complainant is alleging that she was unable to obtain documents, the complaint alleges a continuing violation of the Act.