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.
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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 reviews a petition?
The town loses. The public body bears the burden to show it complied with FOIA. The Town of Blades only confirmed it received John Reiss's October 28, 2025 request for councilmember emails about a pro…
Can a Delaware agency refuse a FOIA request when the requester has announced an intent to sue the agency over the same records?
Yes, on these facts. The AG found DelDOT did not violate FOIA in denying a request for 1994 property acquisition records under 29 Del. C. § 10002(o)(9), which exempts records pertaining to pending or …
Does a Delaware town meeting agenda have to say it will hold a 'first reading' of a tax-rate proposal, or is 'New Tax Rate' specific enough?
'New Tax Rate' was specific enough. The AG found the Town of Blades did not violate FOIA when its October 27, 2025 special-meeting agenda listed 'New Tax Rate' without stating that the Council would h…
If a Delaware city denies a journalist's FOIA request for emails about a police chief, does it have to back up the denial with sworn evidence?
Yes. The AG found the City of Dover violated FOIA by denying Maggie Reynolds's request for keyword-searched emails between the Mayor and Police Chief without supporting its denial with sworn statement…
Does Delaware's FOIA give out-of-state residents the right to request public records from Delaware towns?
No. The AG read 'citizen' in 29 Del. C. § 10003(a), as a prior AG opinion (16-IB20) did, to mean a citizen of Delaware. Because the record showed Karen Miller is not a Delaware citizen, the Town of Gr…
If a Delaware town misses the FOIA deadline but eventually responds, can a citizen still win on incomplete responses, an unredacted FOIA log, or untrained staff?
Partly. The AG split four claims: (1) the late-response claim was moot because the Town eventually responded; (2) two requests the petitioner flagged as 'incomplete' (legal bills and bank account regi…
If only three of seven Delaware school board members meet privately about public business, does that break FOIA's open-meeting rules?
No. FOIA's open-meeting requirements apply only when a quorum of a public body gathers to discuss or act on public business. The Christina School District Board has seven members, so a quorum is four.…
Can someone who is not a Delaware citizen use Delaware FOIA to get state contract records?
No. Delaware FOIA gives access to public records to citizens of Delaware. The requester here did not dispute that he is not a Delaware citizen, so the AG concluded the Office of Management and Budget …
Can a state agency withhold email notifications it sent to General Assembly members, using the FOIA exemption for legislator emails?
Yes. 29 Del. C. § 10002(o)(16) exempts emails received or sent by members of the Delaware General Assembly or their staff. Citing Flowers v. Office of the Governor, the AG concluded the exemption is u…
When a Delaware public body reschedules a meeting, does the posted notice have to clearly state the new date, time, and place?
Yes. The AG found the Village of Arden violated FOIA because its posted notice did not clearly reflect the intended meeting and agenda along with a date, time, and location. The notice seemed to set a…
Can a Delaware citizen use FOIA to get police call logs and CAD records for a specific address, with personal info redacted?
No. The AG concluded the Delaware State Police did not violate FOIA by denying a request for calls-for-service logs and call summaries tied to a property. Such calls, on their face, would initiate pol…
If a Delaware town is considering banning chickens, can a resident FOIA the underlying complaints, and must the town post agendas online and keep detailed minutes?
The complaints are exempt and the town did not otherwise violate FOIA. Chicken complaints filed with the Town police and the Building and Code Official are part of investigatory files under 29 Del. C.…
Can a county use the pending-litigation FOIA exemption against a requester who is not a party to the lawsuit but asks about the same subject?
Yes. The AG concluded Sussex County did not violate FOIA. Records pertaining to pending or potential litigation are excluded from the definition of public record under 29 Del. C. § 10002(o)(9), and th…
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 AG determined that the Office of State Planning Coordination did not violate FOIA when it declined Amy Roe's written comments before the September 3, 2025 PLUS (Preliminary Land …
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. The AG determined that DSP did not violate FOIA when it denied the request. Section 10002(o)(3) treats police reports as investigatory files, which are categorically excluded from FOIA, and the op…
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…
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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.