Delaware Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Delaware, with full citations and the original source on every page.
If a Delaware agency keeps expungement statistics in a database and the requester knows the data exists (because the same agency reported it to the Governor's Office), can the agency say the data is 'not finalized' and refuse to produce it?
Not without sworn proof. Producing easily disclosable data from a computer system is not 'creating a new record' under FOIA. When the requester pointed out that the Governor's Office had received the …
When a Delaware city reschedules a council meeting because of bad weather and gives less than 7 days' notice for the new date, is 'inclement weather' enough of an explanation to satisfy FOIA, or does the city have to also explain why the actual agenda items can't wait?
Both. Inclement weather explains why the original meeting got cancelled, but FOIA requires the city to also explain why each agenda item, including final readings of ordinances, has to be heard with l…
If I ask a Delaware city for the rules governing how its council moves a bill from committee to a vote, and the city says 'we don't have a separate document for that,' is that a FOIA violation?
No, as long as the city's response is clear that no separate document exists. The City of Dover told Shyanne Miller that it conducts its legislative proceedings 'in accordance with the City of Dover C…
After a Delaware AG opinion ordered the City of Dover to re-review its withholdings of records about the police chief and the FOP, was the City's later use of attorney-client privilege and the personnel file exemption proper, and did the City have to file an affidavit with its supplemental production?
Yes, the privilege calls were proper, and no, the City did not have to file an affidavit with the supplemental production. The attorney-client privilege exists independently of the prior pending-litig…
When a Delaware county uses code enforcement against a homeowner over multiple years, can the homeowner FOIA the search warrant materials, hearing recordings, and internal communications, or are those covered by the investigatory files exemption?
The county must produce administrative hearing recordings and ordinary code enforcement records (notices, officer assignments) but can withhold search warrant applications, affidavits, and supporting …
When a Delaware public body needs more than 15 business days to respond to a FOIA request, what does it actually have to tell the requester, and can it require prepayment of search fees?
The public body must say two things: an authorized reason for the delay (the records are voluminous, in storage, archived, or need legal review) AND a good faith estimate of how much extra time it nee…
Can a Delaware citizen get body-camera footage, dash-cam video, and police reports from a traffic incident the citizen was personally involved in once the investigation is closed?
No, not under FOIA. The investigatory files exemption in 29 Del. C. § 10002(o)(3) covers records compiled for civil or criminal law enforcement purposes, including body-cam footage, incident reports, …
Once a Delaware public body has invoked the pending-litigation FOIA exemption to refuse a request, can the requester get around the exemption by re-submitting essentially the same request with a different topic label?
Not entirely, but the public body still has to do work. Sussex County had previously denied an offshore-wind-related records request; the requester then filed a new request with the topic changed to '…
If a Delaware public body's hybrid (in-person plus virtual) meeting cuts off a remote attendee in the middle of public comment, has the public body broken the open-meeting law?
It can. Section 10006A(d)(4) says a tech glitch does not by itself invalidate a virtual meeting or the actions taken at it. But the public body still has to demonstrate compliance with FOIA. When the …
When a Delaware public body says it has no records responsive to a FOIA request but the requester sees evidence the records exist, what kind of evidence does the public body have to put forward to prove its search was adequate?
A sworn statement is required. Generalized denials in a lawyer's response don't satisfy the burden. The public body has to file a sworn affidavit describing who was consulted, what systems were search…
If a Delaware county says it has no more records about a property easement but I think there must be more, what does the county have to do to prove it really searched?
It has to put the search under oath. AG opinion 26-IB06 found that New Castle County did NOT violate FOIA in responding to Gary Binns's request for easement and accessway records, because the county p…
Can I get Delaware State Police body camera footage of my own arrest after the case is closed?
Generally no. AG opinion 26-IB05 found that the Delaware State Police did NOT violate FOIA by denying James Eaves's request for body-worn camera footage related to his closed criminal cases. The inves…
Can a Delaware public body charge me thousands of dollars in advance for school records held by an outside contractor?
Yes, but it has to scope the estimate properly. AG opinion 26-IB04 found that the Delaware Department of Education did NOT violate FOIA by collecting all estimated fees in advance. But the AG recommen…
If I asked my Delaware town council to discuss my employment in open session, can they still go into executive session over my objection?
Yes, if litigation is on the table. AG opinion 26-IB03 found that the Town of Greenwood did NOT violate FOIA when the Town Council went into executive session twice in 2025 to discuss Janet Todd's emp…
Can I get my own job interview notes from a Delaware city under FOIA?
No. AG opinion 26-IB02 found that the City of Wilmington did NOT violate FOIA by denying Tymir Thompkins's request for his own interview panel records. Records reflecting interview panelist evaluation…
If a Delaware public body says my housing application records are exempt but won't say specifically why, did they violate FOIA?
Yes. AG opinion 26-IB01 found that the Delaware State Housing Authority VIOLATED FOIA by failing to meet its burden to justify denying Talia Mann's request for her own tenant program application recor…
If a Delaware public body holds a virtual town hall with sign-in requirements and a waiting room, but only a few members attend, did they violate the open-meetings law?
No. AG opinion 25-IB66 found that the Redding Consortium for Educational Equity did NOT violate FOIA at its November 18, 2025 town hall meeting because less than a quorum of its 24 members attended (o…
Can I get the police station booking-area video and 911 audio for an arrest where the charges were later dismissed?
No. AG opinion 25-IB65 found that New Castle County did NOT violate FOIA by denying Gordon Putnik's request for body-cam, dash-cam, 911 audio, CAD logs, dispatch notes, and station/booking video relat…
If three Delaware city councilmembers attend a meeting about a community Christmas event, does that automatically count as a 'public meeting' under FOIA?
No, not if they aren't conducting public business as a quorum. AG opinion 25-IB64 found that the City of New Castle did NOT violate FOIA when a councilmember and the Mayor met on November 9, 2025 to d…
If a Delaware town's meeting agenda lists a 'Second Reading: Resolution' on a property tax rate, but the council actually does the first reading of an ordinance instead, is that a FOIA violation?
No. AG opinion 25-IB63 found that the Town of Blades did NOT violate FOIA when its November 10, 2025 meeting agenda listed 'Second Reading: Resolution 2025.10.27.0001 Real Estate Property Tax Rate' bu…
If a Delaware town receives a FOIA request and never responds, what happens when the AG investigates?
The town loses by default. Under 29 Del. C. § 10005(c), the public body bears the burden of proof to show it complied with FOIA. Here, the Town of Blades did not respond to the AG's request for an ans…
Can a Delaware agency refuse a FOIA request when the requester has openly announced an intent to sue the agency over the same records?
Yes. Under 29 Del. C. § 10002(o)(9), records pertaining to pending or potential litigation are exempt from disclosure if litigation is reasonably foreseeable and there is a clear nexus between the rec…
Does a Delaware town meeting agenda have to specify whether the council will do a 'first reading' or 'second reading' of a tax-rate proposal, or is 'New Tax Rate' specific enough?
'New Tax Rate' was specific enough. The AG found that the Town of Blades did NOT violate FOIA when its October 27, 2025 special-meeting agenda listed only 'New Tax Rate' without flagging that the Coun…
If a city denies a journalist's FOIA request for keyword-searched emails about a police chief and a vote of no confidence, does it have to back up the denial with sworn evidence?
Yes. The City of Dover violated FOIA by denying Maggie Reynolds's request for emails between the Mayor and Police Chief on FOP-related keywords without supporting the denial with sworn statements. The…
Does Delaware's FOIA give out-of-state residents the right to request public records from Delaware municipalities?
No. Delaware FOIA limits the right of access under 29 Del. C. § 10003(a) to citizens of Delaware. Karen Miller's three petitions against the Town of Greenwood were denied because Miller's requests cam…
When a Delaware town misses the FOIA deadline but eventually responds, can a citizen still get a violation finding for incomplete responses, redaction failures, and untrained staff?
Partially yes. The AG split the four claims: (1) the late-response timeliness claim is moot once a response is provided; (2) two requests where the responses were notated as 'incomplete' resulted in a…
If three of seven members of a Delaware school board meet privately to discuss public business, does that violate FOIA's open meeting requirements?
No, because three is not a quorum. Delaware FOIA's open meeting requirements only apply when a 'quorum' of a public body gathers to discuss or take action on public business. The Christina School Dist…
Is Delaware's rule that only Delaware citizens can use FOIA constitutional, or does it violate the U.S. Constitution?
It is constitutional. The U.S. Supreme Court in McBurney v. Young (2013) held that a state-citizens-only FOIA statute does not violate the Privileges and Immunities Clause or the Dormant Commerce Clau…
Can a state environmental agency refuse to release email notifications it sent to General Assembly members about environmental violations, by citing the FOIA exemption for legislator emails?
Yes. Section 10002(o)(16) exempts 'emails received or sent by members of the Delaware General Assembly or their staff' from FOIA disclosure. The Superior Court in Flowers v. Office of the Governor (20…
When a Delaware municipality reschedules a meeting, does the posted notice have to clearly identify the new date, time, and location?
Yes. The Village of Arden violated FOIA by posting a notice that did not clearly identify the date, time, and location of the rescheduled meeting. The original notice for September 22, 2025 only said …
Can a Delaware citizen FOIA the police call logs and CAD records for a specific address, with personal info redacted?
No. The investigatory files exemption in 29 Del. C. § 10002(o)(3) covers calls for service, CAD logs, and incident reports as a category, because each call initiates police investigation for civil or …
If a Delaware town is considering banning chickens, can a resident FOIA the underlying chicken complaints, or are they exempt code-enforcement records?
The complaints are exempt. The investigatory files exemption in 29 Del. C. § 10002(o)(3) covers complaints filed with both town police and the Building/Code Official, because they trigger civil code-e…
Can a county invoke the pending litigation FOIA exemption against a third-party watchdog group that is not a litigant but is asking about the same subject matter as the lawsuit?
Yes. Under 29 Del. C. § 10002(o)(9), pending or potential litigation records are exempt from FOIA disclosure, and the requesting party does NOT have to be a litigant. Sussex County properly denied the…
Does Delaware FOIA require state agencies to accept written public comments at meetings, or can they require comments to be made verbally during the public comment period?
Verbal is enough. The Delaware Office of State Planning Coordination did not violate FOIA by refusing to accept Amy Roe's written comments before the September 3, 2025 PLUS (Preliminary Land Use Servi…
When a Delaware town's executive session covers both litigation strategy and personnel matters, can the AG decide whether the closed-session use was proper, even when an employee asks for an open-session discussion?
Sometimes not, on the available record. The AG cleared the Town of Greenwood on the FOIA-coordinator-listing claim because the Town updated its website within the 20-day statutory window after appoint…
If I called the police to report harassment and want to see the report I generated as a victim, can I get it through Delaware FOIA?
No, even as the alleged victim. Section 10002(o)(3) categorically exempts police reports as investigatory files. Michael Ryan's request for a copy of his October 2024 harassment-complaint report was l…
When a Delaware city sends a FOIA cost estimate of $9,592, does it have to prove the rate is from the lowest-paid capable employee and that one hour was waived?
Yes. The City of Milford violated FOIA by failing to support that its $9,592 cost estimate (261 hours at $36.75/hour) for a multi-category financial records request complied with FOIA's fee provisions…
Does Delaware FOIA require a denial letter to cite specific statutory exemptions, provide an index of withheld records, or answer the requester's substantive questions?
No to all three. New Castle County did NOT violate FOIA by responding to Irina Genseruk's permit-history request with a partial production, an investigatory-files exemption note, and a website link. S…
When a Delaware school district employee separates and asks for the separation agreement and related records, are those documents exempt as a personnel file?
Mostly yes, with two key exceptions. The Christina School District properly invoked the personnel file exemption in 29 Del. C. § 10002(o)(1) for most records about Phillip Hudson's separation. But two…
Can a Delaware city charge a journalist $511 to retrieve government salary data, then change what records will be produced after payment is made?
Not without explanation. The City of Dover violated FOIA by failing to demonstrate compliance with cost-estimate rules. Ben Mace of The News Journal paid $8.68 for 2024 salary data, then learned the C…
Can a Delaware municipality wait two years to produce meeting minutes from a rezoning vote?
Partial violation. The Delaware AG ruled the City of Rehoboth Beach violated FOIA by failing to maintain and produce meeting minutes from a June 16, 2023 rezoning vote for over two years. But the AG c…
Can a Delaware vehicle owner use FOIA to obtain their own toll-violation history and toll-payment records from DelDOT?
No. The Delaware AG ruled DelDOT properly denied a vehicle owner's FOIA request for her own toll-violation history and toll-payment records. The records are 'motor vehicle records' protected by 21 Del…
Does a school board committee violate Delaware FOIA when it discusses an unrelated proposed policy that wasn't on the meeting agenda?
Yes. The Delaware AG ruled that the Christina School District's Policy Review Committee violated FOIA at its July 1, 2025 meeting by discussing a proposed new policy on board-presidency qualifications…
Can a Delaware resident use FOIA to get police incident reports and service-call summaries about their own home and neighborhood?
No. The Delaware AG ruled the Delaware State Police properly denied a resident's FOIA request for police incident reports and service-call summaries about her own home and surrounding community. The i…
Can a Delaware school district redact parent names from special education settlement agreements released under FOIA?
No violation. The Delaware AG ruled Indian River School District did not violate FOIA when it redacted parent names from six special-education settlement agreements before producing them to a News Jou…
Can the Delaware Governor's Office withhold media-request emails under attorney-client privilege, executive privilege, and the legislative email exemption?
No violation. The Delaware AG ruled the Governor's Office properly withheld and redacted emails responsive to a News Journal FOIA request about Cambridge Analytica, Meta, and Vice Chancellor Laster, a…
Does a public body violate Delaware FOIA when its meeting agenda lists 'open forum' instead of 'public comment,' or when it lacks a FOIA coordinator and online request portal?
Yes on most counts. The Delaware AG ruled that the Center for the Inland Bays violated FOIA by failing to put 'public comment' on its meeting agendas, by skipping comment at a virtual meeting, by not …
If I ask my Delaware school district for the name and salary of an employee who confronted my child, can I get that under FOIA?
Mixed result. Smyrna School District properly denied a parent's first request because it asked the District to *identify* an employee, not for existing records (FOIA does not require Q&A). But on the …
Can a Delaware town hide ICE's side of the email thread on its 287(g) immigration enforcement agreement just because ICE asks them to?
No. The Town of Camden violated FOIA by redacting the ICE side of email exchanges about its (now-rescinded) 287(g) immigration agreement, based only on ICE's verbal request and a 'For Official Use Onl…
If a Delaware town holds a private meeting with a developer, refuses to let residents observe, and then doesn't even respond to the FOIA petition, what happens?
It loses by default. The Town of Blades violated FOIA by failing to demonstrate that a private meeting between Town officials and a developer (which residents were barred from observing) was held in c…
If I'm about to sue Delaware police and probation in federal court over a stop, can I still use FOIA to get the records I'll need for my case?
No. After Tom Somers Jr. sent the Department of Correction a preservation-of-evidence letter saying he was preparing a federal civil rights lawsuit (which he then filed on May 7, 2025), DOC and DSP pr…
When a Delaware city wants to withhold a developer's PowerPoint presentation as 'commercial' information, what does the city actually have to prove?
Wilmington violated FOIA by withholding a developer's presentation under the commercial-and-financial-information exemption (29 Del. C. § 10002(o)(2)) without enough evidence to support each of the th…
If Delaware State Police stopped me on a sidewalk and I want the body camera footage of my own stop, can I get it through FOIA?
No. Delaware State Police properly denied a citizen's FOIA request for body camera, dashboard camera, dispatch audio, and officer notes from his own pedestrian stop. The investigatory files exemption …
If a parent's lawyer threatens to sue a Delaware school district over restraint and seclusion of a student, can the district then deny FOIA requests about restraint records under the potential-litigation exemption?
Yes. The Smyrna School District properly denied seven categories of restraint-and-seclusion records under FOIA's potential litigation exemption (29 Del. C. § 10002(o)(9)). The same attorney had sent t…
If the ACLU asks the Delaware Department of Correction for outside counsel fee agreements and invoices, does the agency have to actually search for them and respond on time?
The Delaware Department of Correction violated FOIA twice: by missing the 15-business-day response deadline on the ACLU's January 29, 2025 revised requests, and by failing to demonstrate an adequate s…
If a Delaware city intern asks to speak during the public comment period at a council meeting, can the city refuse just because the intern is on city staff?
No. The City of Milford violated FOIA by refusing to let an unpaid intern speak during the public comment period of a January 13, 2025 council meeting on two cannabis ordinances. FOIA's public comment…
After Wilmington was ordered to redo its FOIA response on the homeless-bench dispute, did its second answer satisfy the attorney-client and investigatory-files exemptions?
Yes. The City of Wilmington's supplemental response satisfied FOIA. The City Solicitor's affidavit established the withheld records were either attorney-client communications between police/mayor staf…
Does Delaware's FOIA six-hour agenda rule apply to the Senate Judiciary Committee when it swaps out a bill three hours before its hearing?
No. The Senate Judiciary Committee did not violate FOIA when a substitute version of Senate Bill 21 replaced the original bill three hours before the March 12, 2025 hearing. The General Assembly, incl…
When a Delaware public body responds to a FOIA request, what does the affidavit have to actually say to prove the search was adequate?
The Village of Arden violated FOIA twice: once by relying on a single committee chair's blanket statement that all responsive records had been produced (without specifying who searched, what was searc…
If a Delaware school employee asked for a public termination hearing and then changed their mind, can a journalist still get the hearing officer's report and exhibits under FOIA?
No. Brandywine School District properly denied a News Journal reporter's request for the hearing officer's report and exhibits from a teacher's January 2025 termination hearing. Even though the hearin…
Does Delaware's open-meetings agenda rule apply to a Joint Legislative Committee?
No. The Joint Legislative Oversight and Sunset Committee did not violate FOIA when its February 13, 2025 agenda named only the Lead Poisoning Prevention Program but the meeting drifted into related pr…
Can a Delaware city refuse to give me emails between its officials and a state legislator under FOIA?
Yes. The City of Milford properly withheld emails sent or received by State Representative Bryan Shupe under the legislative email exemption (29 Del. C. § 10002(o)(16)), even though the city officials…
If a Delaware agency previously gave me a count of records as a courtesy, does FOIA force them to keep producing that count for me on request?
No. Delaware State Police did not violate FOIA when it stopped producing monthly counts of automatic expungements under the Clean Slate law (11 Del. C. § 4373A). DSP had been compiling the figures by …
If Delaware police were called about me but no crime was charged, can I FOIA the body camera footage of that encounter?
No. The City of Newark properly denied a request from Samuel Smith for body camera footage of his own interaction with police, even though Smith insisted no crime was committed and no investigation wa…
If a Delaware licensing board posts its meeting agenda only thirty minutes before the meeting starts, has it violated FOIA?
Yes. The Delaware Board of Electrical Examiners violated FOIA when it failed to post the February 5, 2025 meeting agenda until thirty minutes before the meeting. FOIA requires the agenda to be posted …
When a Delaware city manager and parks staff meet privately with a charter school to talk about converting a public park into baseball fields, does that count as a 'public body' meeting that has to be open under FOIA?
No. The Newark City Manager, Parks Director, and Deputy Parks Director can meet with Newark Charter School representatives to explore a parkland proposal without triggering FOIA's open meetings rules.…
If I'm in a Delaware civil case from a car crash, can I FOIA the police body camera and dashboard footage instead of going through court discovery?
No. Delaware State Police properly denied an attorney's FOIA request for body camera, dashboard camera, and photo records from a 2023 accident, even though the lawyer was representing a party in litig…
If a state agency stores its data in a database owned and operated by a private vendor, can a Delaware FOIA requester force the agency to hand over the database structure?
No. The Delaware Department of Insurance did not violate FOIA when it denied a request for database names, table names, and field structures, because the databases that hold its insurance data are own…
If a Delaware committee's agenda lists 'public education campaign' as a topic, can it vote at the meeting to appoint a liaison without separately listing that vote on the agenda?
Yes. The Dewey Beach Climate Change Committee's agenda discussion of the public education campaign was specific enough that appointing a coordination liaison was a foreseeable consequence. The Committ…
Can a Delaware school district charge $65 an hour to pull English Learner data because only the Supervisor of Instruction has system access?
Yes. Seaford School District showed that only the Supervisor of Instruction (and the higher-paid Director of Instruction) had the access and training to gather and properly deidentify the requested st…
When a Delaware public body charges for FOIA work, can it pick a higher-paid employee instead of the lowest-paid one capable of doing it?
No, but the lowest-paid employee 'capable' of the work is the one who actually has the access and skills. Sussex County Vocational Technical School District quoted $63.21/hour for a teacher serving as…
What are the notice rules for a Delaware public body holding a virtual meeting, and what counts as proper agenda notice for the meeting where they vote to dissolve?
The agenda must include a public comment period (verbally adding it at the meeting does not work), and the meeting notice must include both an anchor physical location AND virtual participation inform…
When a Delaware city refuses to release records under attorney-client privilege, what does it have to put in writing to back that up?
More than a one-paragraph affidavit. Wilmington withheld correspondence about removing benches near a homelessness shelter, citing attorney-client privilege. The Solicitor's affidavit said only that t…
Can a Delaware agency refuse to release records about offshore wind development just because there's an Environmental Appeals Board hearing pending?
Yes, when the records and the hearing are both about the same subject. DNREC properly invoked the pending-litigation exemption to withhold records about US Wind, the Indian River Bay, and offshore win…
Can a journalist use FOIA to find out which Delaware House staff signed nondisclosure agreements?
No. The Division of Legislative Services produced redacted copies of the five signed NDAs, the unsigned policy template, and the related employee handbooks. The redactions of staff names and signature…
Can a Delaware public body cure a missing public-comment item on the agenda by orally adding it before the meeting starts?
No. The public-comment period must be on the printed agenda. The Mayor's verbal addition at the start of the December 13, 2024 meeting did not save it. ACT violated FOIA. But because ACT voted at that…
Can a Delaware state representative use FOIA to find out which legislative staff signed nondisclosure agreements?
He can get the policies themselves, but the names of the staff who signed are protected. The Division of Legislative Services properly redacted names and signatures from the five NDAs because the staf…
If a Delaware town quotes me a high fee for a FOIA request and I ask for a quote on a narrower version, can the town just ignore the new request?
No. When the requester modifies a FOIA request after seeing a fee estimate (here, $660), the town has to engage with the modification, not stay silent. Bethany Beach's failure to respond to Ms. Pawlos…
If a Delaware city tells me that no records exist responsive to my FOIA request, can I force them to look harder?
Only if you can show their search was inadequate. The City of Wilmington's Director of Land Use and Planning swore under oath that an inspector visited the Rockford Tower Condominiums in August 2024 a…
How specific does a Delaware agency have to be when it tells a FOIA requester that it needs more time to gather documents?
It has to give a real, good-faith estimate of when the records will arrive, not just a generic 'we need more time.' The Lieutenant Governor's Office repeatedly told the AP it was working on the reques…
Can the Delaware Department of Correction be forced to disclose the names, ID numbers, and incarceration dates of elderly inmates in response to a FOIA request?
No. Two separate Delaware statutes block it: 11 Del. C. § 4322(a) makes DOC's case records privileged, and 11 Del. C. § 8513(d) prohibits dissemination of 'criminal history record information,' which …
Can a Delaware town council discuss a public employee's performance plan in a string of emails, instead of holding a public meeting?
No. When the town's lawyer emailed the whole council asking for their comments on the plan and members replied with substantive opinions, that exchange became a 'meeting' under FOIA. Doing it by email…
Does Delaware's Department of Correction have to compile a list of incarcerated misdemeanants from its database to answer a FOIA request about voter eligibility?
No. Because the DOC's records system would have to be cross-referenced with other state databases to produce accurate aggregate counts, and FOIA does not require an agency to create a record that does…
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Attorney general opinions in Delaware are written by the Delaware Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.