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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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…
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…
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 had to appear on the agenda for the December 13, 2024 meeting. The Mayor’s verbal addition before the meeting did not cure its omission, so the AG found a FOIA…
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…
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.…
Did Wilmington violate FOIA by saying it had no citations from a condominium inspection?
No. A department director swore that a city inspector visited the property in August 2024 but issued no citations or violations. The AG found that affidavit sufficient to support the City's response…
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…
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?
The AG found no FOIA violation when DOC withheld the requested names, SBI numbers, and incarceration dates. It found the information protected by 11 Del. C. § 4322(a)'s case-record privilege and…
Can a Delaware town council discuss a public employee's performance plan in a string of emails, instead of holding a public meeting?
No. The town's lawyer sent the whole council a draft performance plan and solicited comments. Members' replies became an exchange of opinions that supplanted a public meeting, so the AG found a FOIA…
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. DOC submitted a sworn statement that its system could not accurately produce the requested information without manual verification using other agencies' records. The AG found DOC justified its…
If a Delaware zoning agenda lists a parking variance for one property, does it also have to list the off-site parking lot the developer plans to use to meet the parking requirement?
No FOIA violation. Rehoboth Beach's agenda for the September 30, 2024 Board of Adjustment hearing identified the applicant, the property at 2 Rehoboth Avenue, and the four code sections involved…
When are post-executive-session conversations among school board members a FOIA violation?
The AG found no FOIA violation at the August 13 meeting. It agreed that the Assistant Superintendent's seating was not public business and found the allegations of other private discussions too…
Can an out-of-state trade group require DelDOT to provide records under Delaware FOIA?
DelDOT did not violate FOIA by denying this request. The AG found that neither the requester nor his trade group was a Delaware citizen, a point the requester did not dispute; the opinion did not…
How specific does a Delaware public body's agenda have to be when noticing an executive session for legal advice?
No violation. The AG ruled the Diamond State Port Corporation Board did not violate FOIA. Its agenda label of 'strategy sessions involving legal advice' adequately noticed the executive session, and…
Can a Delaware school district redact a hiring-related email under attorney-client privilege, and does its sworn search affidavit have to be specific?
The Christina School District did not violate FOIA. The Manager of Technology swore he searched all current and past Board members' email accounts, document folders, Google drives, and District…
Does FOIA's 15-day response deadline include a specific time of day, and is it a violation if a Delaware office cannot find FOIA logs from before 2023?
The Office of the Lieutenant Governor (OLG) did not violate FOIA. A response sent at 5:06 PM on the 15th business day is timely; FOIA does not impose an hour-of-day deadline. The OLG produced all…
Can a Delaware county refuse to release fire department radio recordings if those recordings have been subpoenaed by the State Fire Commission?
Yes. Sussex County did not violate FOIA when it refused to release Lewes Fire Department radio communications and audio recordings from August 19, 2024. The State Fire Commission's Investigation…
If a Wilmington community event organizer tells a newspaper he is talking to attorneys about possibly suing the City, can the City use that to deny a journalist's FOIA request about the event?
No. Spotlight Delaware reporter Brianna Hill asked Wilmington for emails about the August 23, 2024 Positive Vibes in the Park: Justice For All event, which moved venues. The City asserted the…
If a Delaware town's old security-camera server lost video footage I asked for, do I have any FOIA recourse, and can the AG investigate the underlying incident?
The Town of Camden did not violate FOIA. The Town produced the requested August 5, 2024 Council meeting audio/video on a thumb drive, and the Town Manager's sworn affidavit confirmed that the…
Are informal 'office hours' held by elected village officers a public meeting under Delaware FOIA?
No. The AG ruled the four officers of the Village of Arden's Town Assembly (Chair, Secretary, Treasurer, and Advisory Chair) are not a separate 'public body' under FOIA. Their monthly office hours…
Must Delaware's Governor's Office seek records from a previous administration when answering a FOIA request?
No. The AG held that the Governor's Office did not violate FOIA by failing to seek the requested records from a prior administration under § 10003(j)(1). The opinion did not decide what the office…
Does the Wilmington Housing Authority have to produce a tenant resident council's records under FOIA?
Mostly no, except for what WHA actually held. The AG ruled the Wilmington Housing Authority met FOIA by producing the Compton Towers Resident Council bylaws and election procedures it possessed; the…
If a Delaware county tells me there are no records responsive to my FOIA request, can I push back, and what does the county have to prove?
New Castle County did not violate FOIA. The County's FOIA Coordinator searched the Department of Land Use's electronic complaint repository and the permit files, found no responsive written…
Can a Delaware parent in an Office of Civil Rights complaint use FOIA to get records about the teacher and school?
No. The AG ruled Caesar Rodney School District properly withheld training and personnel records under FOIA's pending-litigation exemption, because the parent's complaint to the U.S. Department of…
Can a Delaware town avoid producing a meeting recording by saying it was accidentally deleted?
Yes. The AG ruled the Town of Ellendale did not violate FOIA when it could not produce a June 5 town hall audio recording, because the Council President swore the recording was accidentally deleted…
If you ask a Delaware city for a list that combines two pieces of information they each have separately (parking-zone locations and the businesses at those addresses), can the city say no?
Yes. Rita Carnevale asked the City of Wilmington for a list of all businesses and addresses with city-installed 15-minute parking signs. Public Works' records track parking zones by location and…
Are records about Delaware's pension policy decisions for state legislators public?
No. The AG ruled the Delaware Office of Pensions properly denied a Spotlight Delaware reporter's request for emails on its 2024 legislative-pension policy change. The records relate to the…
When are texts on a Delaware state employee's personal cell phone public records under FOIA, and how must the agency document its search?
The Department of Elections did not violate FOIA. The FOIA Coordinator's sworn affidavit described a department-wide email canvas; only one employee had a related text message thread on a personal…
Is a Delaware public body's records denial still valid after the parties announce a tentative settlement?
Yes. The AG ruled the City of Wilmington did not violate FOIA when it denied access to eight years of parking ticket, appeal, towing, and booting data. The Shaheed lawsuit was still pending despite…
Can a rejected job applicant FOIA the school district's emails and selection records about the positions he applied for, including communications about his own application?
No. Delaware FOIA's common-law privacy doctrine protects discussions of applicant qualifications and competencies. Even though Hamburg was the applicant for the eight positions, FOIA's…
Can a Delaware school board take votes on iPads or laptops at a public meeting without announcing the result, or do votes have to be open?
The Christina School District Board of Education violated FOIA. FOIA requires that votes be taken at a public meeting and that the results be made public. The Board took votes via computer at its…
Can a Delaware village hold a 'briefing' or 'informational session' the night before a public vote without giving FOIA notice, or does that count as an open meeting?
The Village of Arden violated FOIA by failing to prove that its June 23, 2024 informational session about the Schroeder Trust was not subject to open-meeting rules. Delaware courts have long held…
Can a Delaware game warden's body-camera footage from a citation incident be released through FOIA, or is it exempt as an investigatory file?
DNREC did not violate FOIA. A Fish and Wildlife officer who issues a citation is a law enforcement officer with police powers, and body-camera and radio recordings of that incident are investigatory…
Can a Delaware city council privately negotiate the salary in a city manager's employment contract just because they're discussing 'qualifications'?
No. Rehoboth Beach's Board of Commissioners discussed the new City Manager's compensation package in executive session, then voted in open session without explanation. The AG ruled the…
Can a Delaware school board hold an unannounced executive session about Robert's Rules and vote no confidence in the superintendent?
No. The AG found violations in an unannounced executive session on parliamentary procedure, an unlisted vote of no confidence in the superintendent, and inadequate notice for a contract-rescission…
Can a Delaware public body approve its meeting minutes via email instead of at an open meeting?
No. The AG ruled the Village of Arden Governance Task Force violated FOIA by approving its December 7, 2023 meeting minutes through serial email exchanges. That email circulation constituted a…
Are Delaware's unclaimed-property voluntary disclosure agreement records public, or are they confidential under the escheat statute?
Confidential. The Department of State runs the voluntary disclosure program for unclaimed property. 12 Del. C. § 1174 makes records compiled in the course of voluntary disclosure under § 1173 not…
Does Delaware law force a town to keep police discipline records secret, or to hold a grievance hearing in private?
No on both counts. The AG ruled Georgetown did not violate FOIA when it voluntarily released officer discipline records and schedules; FOIA's exemptions are permissive. And FOIA's executive-session…
Is a voluntary association of Delaware coastal towns subject to open-meetings law?
Yes. The AG ruled that the Association of Coastal Towns, formed by seven Delaware mayors and funded by member dues, is a public body. It violated FOIA by holding meetings without notice or minutes,…
Can the Delaware State Police refuse to release body camera and dash camera footage from a 2023 incident under FOIA?
Yes. The body camera, dash camera, and helicopter footage of a January 2023 police incident, plus the radio communications between the officer and dispatch, fall within FOIA's investigatory files…
Can DelDOT charge me hundreds of dollars in staff time to gather right-of-way acquisition spreadsheets, and can it bill me for someone to sit and watch me review the files in person?
Yes, with limits. DelDOT can charge for staff time to identify and compile non-centralized records, and can charge one hour to monitor an in-person file review at the lowest applicable pay rate.…
Can a Delaware county refuse to release zoning-violation records as 'investigatory files'?
Yes. The AG ruled Sussex County properly withheld records about violations on a Rehoboth Beach property under 29 Del. C. § 10002(o)(3), the investigatory files exemption, after the County submitted…
If a Delaware village has a town-meeting style government where every resident is a member, can a resident use FOIA to get communications between the council's lawyer and the small task force the lawyer was hired to advise?
The AG declined to decide. The Village of Arden withheld the communications under attorney-client privilege. The petition turned on whether every Arden resident is the law firm's client and whether…
Can a Delaware town council just hold a closed-door 'executive meeting' to talk about draft ordinances?
No. Leipsic failed to justify holding its March 26, 2024 ordinance and charter discussion in executive session. It also failed to take the required public vote before entering executive session;…
If a Delaware village holds a regular meeting and a resident says the bulletin-board notice was missing on a specific date, but the village's secretary swears she posted it earlier, who wins?
The Village wins. The Village of Arden's Town Assembly Secretary attested under oath, with corroboration from a resident witness, that she posted the March 25, 2024 meeting notice on the Gild Hall…
How specific does a Delaware agency's affidavit have to be when defending a FOIA search, and is naming the statutory exemption in a denial letter enough?
The Department of Elections's FOIA-coordinator affidavit identified the people consulted (10 Board of Elections members, 6 county directors, the State Election Commissioner, and others), explained…
When a Delaware municipality holds a 'special meeting' less than seven days after deciding to schedule it, what does the agenda have to say about why notice came late?
It must explain why seven days' notice could not be given. The Village of Arden's Advisory Committee scheduled a February 13, 2024 special meeting on January 31. The notice and agenda were posted on…
Can someone connected to a Delaware criminal case use FOIA to get state-police policy manuals and warrant records about that case?
No. Erin Frederick, who had a connection to a 2023 bank-robbery investigation in which her Dodge Durango was towed, asked DSP for ethics manuals, warrant procedures, ALPR policies, body-cam…
Can a Delaware reporter use FOIA to get a list of police calls for service to a specific address?
No. The AG concluded DSP could withhold a five-year list of calls for service to a private Wilmington address, because every call to a residence initiates a police investigation and the resulting…
If a former Delaware police academy cadet asks for body-cam footage and his evaluations from the academy, can the city refuse by saying he's just trying to set up a lawsuit?
Not without proof. Joshua Carter attended the Dover Municipal Police Academy from October to November 2023 and FOIA'd body-cam footage, training videos, evaluations, and correspondence with Dewey…
Can a Delaware journalist FOIA prison policy on punishments like 'roll the log' or 'pick up bottle caps,' or does the security exemption shield it?
No. Although DOC tried (and failed) to invoke 11 Del. C. § 4322(d) without the required Commissioner judgment, the AG found a different exemption that did apply: § 10002(o)(17), which shields…
Can a Delaware city use a vague 'matters discussed in executive session' agenda item to vote on hiring a new city solicitor with no public discussion?
No. Rehoboth Beach violated Delaware's open-meeting law twice: by voting on a new city solicitor without putting that decision on the agenda in 'plain and comprehensible' language, and by discussing…
Can a Delaware criminal defendant who says he was exonerated FOIA the dash and body camera footage from his own arrest cases after they close?
No. The AG held that the investigatory-files exemption in 29 Del. C. § 10002(o)(3) is not limited to pending investigations and continues to apply after a case is closed, so DSP did not violate FOIA…
Can a Delaware port agency deny records tied to pending or foreseeable litigation while withholding bid-subcommittee records?
The AG upheld DSPC's litigation-exemption denial for most requested records but found it failed to justify withholding bid-subcommittee minutes and member-identification records. The AG recommended…
Does a small Delaware town's museum review committee have to follow open-meetings rules?
Yes. The AG ruled the Town of Leipsic's Museum Review Committee, comprising the Mayor, Acting Council Secretary, and a Town resident, was a public body that violated FOIA when it met on November 6,…
Can Delaware FOIA reach agency records related to a pending Environmental Appeals Board appeal?
DNREC did not violate FOIA. Holt's law firm represents an appellant in a pending Environmental Appeals Board appeal challenging DNREC's subaqueous-lands permit for the Diamond State Port…
If I file 18 FOIA requests at once, does the Delaware agency have to send 18 separate responses?
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…
Can a Delaware school district charge $780 to search for emails about a manga library and refuse to open its book-review committee meetings?
Caesar Rodney School District lost on the fee estimate. The District wanted to bill $93 to $140 an hour for administrators to search their own emails, but FOIA requires the lowest-paid employee…
Can a journalist obtain a roster naming every Delaware State Police trooper and linking names to biographical information?
The AG upheld DSP's denial of a roster naming all troopers and the other requested information tied to their identities, citing the security exemption and sworn evidence that a complete list would…
Does a city committee picking a buyer for surplus property have to keep minutes under Delaware's open meetings law?
Yes. The AG found that Dover's Old Post Office review committee violated FOIA by failing to post an agenda and keep minutes for its August 29, 2023 meeting. It recommended that the committee prepare…
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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.