Did Wilmington miss the FOIA deadline for a request about parking and traffic citations?

Plain-English summary

Ameera Shaheed requested Wilmington records about parking and traffic citations through the city's online portal on January 25, 2021. She petitioned the AG in March, alleging that the response deadline had passed without an answer.

The city submitted records showing that it had emailed a response with multiple records on February 3, 2021. Because the city responded within fifteen business days, the AG found no FOIA violation.

Currency note

This opinion was issued in 2021. 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: How long did Wilmington have to respond to this FOIA request? A: The opinion says a public body must respond within fifteen business days. For archived or voluminous records or a request needing legal advice, it may instead advise within that period that more time is needed and estimate when it will respond.

Q: What showed that the city had responded?
A: The city's counsel enclosed records demonstrating that Wilmington emailed a response with multiple records on February 3, 2021, after receiving the request on January 25.

Q: Did the AG decide whether the records supplied were complete? A: No. The petition alleged a missed response deadline. The AG decided that claim because the city documented a response sent within fifteen business days.

Background and statutory framework

The opinion applies 29 Del. C. § 10003(h)'s fifteen-business-day response rule to Shaheed's January 25, 2021 request. The city documented a February 3 emailed response providing multiple records. On those facts, the AG found no violation of the response deadline.

Citations and references

Statutes:

• 29 Del. C. § 10003 (Public records, including the fifteen-day response rule)
• 29 Del. C. § 10005 (Enforcement)

Source

• Landing page: https://attorneygeneral.delaware.gov/2021/04/21/21-ib08-04-21-2021-foia-opinion-letter-to-ameera-shaheed-re-foia-complaint-concerning-city-of-wilmington/
• Original PDF: https://attorneygeneral.delaware.gov/wp-content/uploads/sites/50/2021/05/Attorney-General-Opinion-No.-21-IB08.pdf

Original opinion text

DEPARTMENT OF JUSTICE
NEW CASTLE COUNTY
820 NORTH FRENCH STREET
WILMINGTON, DELAWARE 19801

KATHLEEN JENNINGS
ATTORNEY GENERAL

CIVIL DIVISION (302) 577-8400
FAX: (302) 577-6630
CRIMINAL DIVISION (302) 577-8500
FAX: (302) 577-2496
FRAUD DIVISION (302) 577-8600
FAX: (302) 577-6499

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE
Attorney General Opinion No. 21-IB08
April 21, 2021

VIA EMAIL
Ameera Shaheed
[email protected]

RE:

FOIA Petition Regarding the City of Wilmington

Dear Ameera Shaheed:
We write in response to your correspondence alleging that the City of Wilmington violated Delaware's Freedom of Information Act, 29 Del. C. §§ 10001-10007 ("FOIA"). We treat your correspondence as a Petition for a determination pursuant to 29 Del. C. § 10005 regarding whether a violation of FOIA has occurred or is about to occur. As discussed herein, we determine that the City did not violate FOIA. On January 25, 2021, you submitted a request through the City's online portal for various records related to parking and traffic citations. You then filed a Petition with this Office, which was received on March 23, 2021, alleging the statutory deadline passed without a response from the City. The City's counsel replied on the City's behalf on March 24, 2021 ("Response"), stating it did respond to your request in a timely fashion. The City's Response enclosed records demonstrating that the City emailed its response to your request on February 3, 2021, providing multiple records. FOIA requires a public body to respond to a FOIA request within fifteen business days or if the request involves archived or voluminous records or requires legal advice, to advise additional time is needed and estimate the time needed to provide a response. 1 As the City provided a

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29 Del. C. § 10003(h).
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response to your request less than fifteen business days after receipt, we find that the City did not violate FOIA as alleged.

Very truly yours,
/s/ Dorey L. Cole
_____
Dorey L. Cole
Deputy Attorney General

Approved:
/s/ Aaron R. Goldstein
_______
Aaron R. Goldstein
State Solicitor

cc:

John D. Hawley, Assistant City Solicitor, City of Wilmington (via email)

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