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 I asked my Delaware town council to discuss my employment in open session, can they still go into executive session over my objection?
The AG found no FOIA violation in Greenwood’s August and December 2025 executive sessions. Although Janet Todd had requested open discussion of her employment, the Town showed a realistic threat of…
Can I get my own job interview notes from a Delaware city under FOIA?
The AG found no FOIA violation in withholding the interview panel records. Because the City kept the notes in a separate recruitment file, the personnel-file exemption did not apply. The AG instead…
If a Delaware public body says my housing application records are exempt but won't say specifically why, did they violate FOIA?
Yes. Delaware's AG found that the State Housing Authority failed to justify denying access to the requested tenant program application records. Its broad statements about exemptions, prior access,…
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?
The AG found no FOIA violation at this town hall. The Consortium’s sworn response said seven of its 24 members attended, below its 13-member quorum, and only one spoke. On those facts, the AG found…
Can I get the police station booking-area video and 911 audio for an arrest where the charges were later dismissed?
The AG found no FOIA violation in New Castle County’s denial of requested police, 911, dispatch, transport, and station records from an incident whose charges were dismissed. Affidavits identified…
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…
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?
The AG found no FOIA violation: the November 10 agenda identified the real estate property tax rate issue, giving sufficient notice of the subject even though it listed a resolution rather than the…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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. Milford estimated $9,592 for a financial-records request but supplied no sworn evidence that the estimate reflected the lowest-paid capable employee’s rate and the free first hour. The AG found…
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. The AG found New Castle County’s response sufficient on the claims raised: it gave investigatory-file reasons for withholding some records, explained how to access online permits, and did not…
When a Delaware school district employee separates and asks for the separation agreement and related records, are those documents exempt as a personnel file?
The AG agreed that records explaining the district’s reasons for the separation implicate the personnel-file exemption, but found its blanket withholding unsupported for any responsive public Board…
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…
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…
Can a Delaware vehicle owner use FOIA to obtain their own toll-violation history and toll-payment records from DelDOT?
The AG found no FOIA violation in DelDOT's denial. DelDOT had not shown that contractor-held toll records were outside its control, but the AG found it reasonably classified the requested violation…
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…
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…
Can a Delaware school district redact parent names from special education settlement agreements released under FOIA?
The AG found no FOIA violation when Indian River School District redacted parent names from six student-related settlement agreements it produced. The District had determined those agreements were…
Could Delaware's Governor's Office withhold emails about corporate-franchise topics under FOIA privileges?
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,…
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…
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 redact ICE's emails about a 287(g) agreement based on ICE's request and an email warning?
The AG found a FOIA violation because Camden had not justified its redactions. ICE's verbal request and email warning did not by themselves supply a FOIA basis, and the Town's sworn safety claims…
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…
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?
The AG found no FOIA violation because Somers had filed a federal civil rights suit and the requested records pertained to it. The opinion applied the pending-litigation exemption to his DOC and…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
Did Delaware's Joint Legislative Oversight and Sunset Committee have to post a FOIA meeting agenda?
No. The AG found that the Joint Legislative Oversight and Sunset Committee is part of the General Assembly and therefore exempt from FOIA's meeting-agenda requirement under 29 Del. C. § 10004(e)(1).…
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…
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…
If Delaware police were called about me but no crime was charged, can I FOIA the body camera footage of that encounter?
The AG found no FOIA violation when Newark denied Smith's requests for body-camera footage and related 911 audio. The City's sworn response linked those records to a police response to a…
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 posted its February 5 agenda only thirty minutes before the meeting, below FOIA's six-hour deadline for adding an agenda that was unavailable when the…
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…
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…
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…
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…
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…
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…
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 AG found two violations at ACT’s December 13 meeting: the agenda omitted public comment, and the notice did not provide the physical anchor location and virtual participation information at…
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…
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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.