DE 24-IB03 2024-01-24

If I file 18 FOIA requests at once, does the Delaware agency have to send 18 separate responses?

Short answer: No. The AG ruled the City of Seaford did not violate FOIA when it responded to 18 of Crystal Long's FOIA requests in a single letter with an aggregated cost estimate. FOIA permits a public body to combine responses and aggregate staff time across multiple requests.

Disclaimer: This is an official Delaware Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Delaware attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

Official title

24-IB03 01/24/2024 FOIA Opinion Letter to Crystal Long re: FOIA Complaint Concerning the City of Seaford

Plain-English summary

Crystal Long sent the City of Seaford eighteen separate FOIA requests. The City Solicitor responded with a single January 4, 2024 letter providing an aggregated cost estimate. Long argued FOIA required individual responses, and complained that the City had violated "all kinds of laws," using a parcel of real property as an example.

The AG sided with the City. FOIA does not require a public body to respond to each request in a separate communication; aggregation is permitted. § 10003(m)(2) explicitly authorizes aggregating staff time when "multiple FOIA requests are submitted by or on behalf of the requesting party in an effort to avoid incurring administrative charges." That same subsection forbids charging for the public body's legal review and requires the agency to minimize administrative costs, including limiting use of non-administrative staff. The AG declined to address Long's parcel-related complaints because they fall outside FOIA's scope under § 10005(e).

What this means for you

If you are a Delaware FOIA requester

Splitting one big topic into 18 separate requests will not save you administrative fees. The agency can aggregate the staff time and bill for the total. The right strategies for cost control are: narrow date ranges, specific custodians, specific search terms, and asking the agency to itemize so you can drop the most expensive parts.

If you are a Delaware FOIA coordinator

You can answer multiple requests in one communication and aggregate the fees. Keep two pieces in mind: each request still needs its own response within 15 business days, and the aggregated estimate must distinguish between chargeable administrative time (search, redaction) and non-chargeable legal review.

If your complaint is partly about something other than FOIA

The AG cannot resolve non-FOIA complaints in a FOIA petition. Title-status disputes, zoning, contract claims, ethics complaints: all need separate channels. If you want a one-stop answer, the AG's FOIA petition is the wrong tool.

Common questions

Why does aggregation help the agency?

Because some staff time naturally serves multiple requests at once. If you ask for "all 2023 records of X" and "all 2024 records of X" as two requests, the staffer running the search will likely run a single query covering both. Aggregating recognizes that the actual work was done together.

What's the difference between aggregating responses and aggregating fees?

Aggregating responses means one letter answering multiple requests. Aggregating fees means the public body counts the staff time across requests as one block for billing. Both are permitted. § 10003(m)(2) explicitly addresses fee aggregation; the response aggregation flows from the absence of any FOIA rule requiring separate communications.

Is "in an effort to avoid incurring administrative charges" a finding the agency has to make?

The statute reads broadly. The AG did not require the City to make a finding that Long was trying to avoid fees. The aggregation is permitted regardless of intent; the statute calls out the avoidance scenario but the broader principle (combining staff time across requests) is treated as default-allowed.

What's the right way to challenge a cost estimate?

A separate FOIA petition focused on the estimate. Frame it as: (1) the agency is charging for tasks FOIA prohibits charging for (legal review), (2) the agency is not minimizing administrative cost (e.g., using a senior staffer when a junior one could do the work), or (3) the agency is not billing in quarter-hour increments per § 10003(m)(1).

Background and statutory framework

29 Del. C. § 10003 governs response procedures. Subsection (m) governs administrative fees. Subsection (m)(2) provides:

When multiple FOIA requests are submitted by or on behalf of the requesting party in an effort to avoid incurring administrative charges, the public body may in its discretion aggregate staff time for all such requests when computing fees hereunder.

That subsection also bars charging for legal review (the public body's review of whether records or portions are exempt) and requires the agency to minimize administrative costs, including limiting use of non-administrative staff.

29 Del. C. § 10005(e) limits the AG's FOIA-petition authority to FOIA violations. Non-FOIA grievances (real estate disputes, zoning, ethics) must go through other channels.

Citations

29 Del. C. §§ 10001-10008 (Delaware FOIA)
29 Del. C. § 10003 (response procedures)
29 Del. C. § 10003(m) (administrative fees)
29 Del. C. § 10003(m)(2) (aggregation provision and legal review prohibition)
29 Del. C. § 10005 (petition procedure)
29 Del. C. § 10005(e) (scope of AG determinations)

Source

Original opinion text

KATHLEEN JENNINGS
ATTORNEY GENERAL

DEPARTMENT OF JUSTICE
820 NORTH FRENCH STREET
WILMINGTON, DELAWARE 19801

CIVIL DIVISION (302) 577-8400
CRIMINAL DIVISION (302) 577-8500
DIVISION CIVIL RIGHTS & PUBLIC TRUST (302) 577-5400
FAMILY DIVISION (302) 577-8400
FRAUD DIVISION (302) 577-8600
FAX (302) 577-2610

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE
Attorney General Opinion No. 24-IB03
January 24, 2024

VIA EMAIL
Crystal Long
[email protected]

RE:

FOIA Petition Regarding the City of Seaford

Dear Ms. Long:

We write in response to your correspondence alleging that the City of Seaford violated Delaware's Freedom of Information Act, 29 Del. C. §§ 10001-10008 ("FOIA"). We treat this 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 more fully herein, we determine that the City did not violate FOIA as alleged.

You submitted eighteen requests to the City of Seaford. The City Solicitor responded to your requests via letter dated January 4, 2024, providing an estimate of the costs to process the requests.[1] In your correspondence, you made two claims against the City. First, you argue that each request must be responded to individually. Second, you allege that the City violated "all kinds of laws," and as an example, you state you did not receive a response to your inquiry about the title and status of a certain parcel of real property.[2]

The FOIA statute does not require a public body to respond to each request through an individual and separate communication.[3] In addition, a public body is expressly permitted to aggregate the fees for purposes of processing multiple requests.[4] Thus, we find that the City's use of a single communication to respond to your eighteen requests does not constitute a violation of FOIA. In addition, this Office's statutory authority is limited to allegations related to the FOIA statute, and the claim related to other laws, including the issues regarding a certain parcel, is outside the scope of this determination.[5] For the reasons set forth above, we conclude that the City has not violated FOIA by failing to provide an individual communication for each of the eighteen requests submitted.

Very truly yours,
/s/ Dorey L. Cole

Dorey L. Cole
Deputy Attorney General

Approved:
/s/ Patricia A. Davis

Patricia A. Davis
State Solicitor

cc:

Daniel A. Griffith, City Solicitor

[1] Administrative fees may not include any cost associated with legal review determining whether any portion of the records are exempt, and the public body must make every effort to ensure administrative fees are minimized, including limiting the use of nonadministrative staff to the extent possible. 29 Del. C. § 10003(m).
[2] Petition.
[3] 29 Del. C. § 10003.
[4] 29 Del. C. § 10003(m)(2) ("When multiple FOIA requests are submitted by or on behalf of the requesting party in an effort to avoid incurring administrative charges, the public body may in its discretion aggregate staff time for all such requests when computing fees hereunder.").
[5] 29 Del. C. § 10005(e).