Freedom of Information Act Request - Delaware

FREEDOM OF INFORMATION ACT REQUEST

State of Delaware

Delaware Freedom of Information Act, 29 Del. C. § 10001 et seq.

REQUEST INFORMATION

Date of Request: [__/__/____]

Method of Delivery:

☐ U.S. Mail
☐ Electronic Mail
☐ Hand Delivery
☐ Facsimile

PART I: REQUESTER IDENTIFICATION

Full Name: [________________________________]

Organization (if applicable): [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email Address: [________________________________]

Preferred Method of Response:

☐ Email to address above
☐ U.S. Mail to address above
☐ Available for in-person inspection
☐ Other: [________________________________]

PART II: PUBLIC BODY INFORMATION

To:

FOIA Coordinator: [________________________________]

Public Body Name: [________________________________]

Department/Division: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________]

Email: [________________________________]

Telephone: [________________________________]

PART III: LEGAL BASIS FOR REQUEST

Dear FOIA Coordinator:

Pursuant to the Delaware Freedom of Information Act ("FOIA"), 29 Del. C. § 10001 et seq., I hereby request access to and copies of the public records described below.

The Delaware General Assembly has declared that it is vital to a democratic society that public business be performed in an open and public manner so that citizens may be fully informed. 29 Del. C. § 10001. Under 29 Del. C. § 10003(a), "all public records shall be open to inspection and copying by any citizen of the State during regular business hours by the custodian of the records for the appropriate public body."

"Public record" is defined as "information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes, regardless of the physical form or characteristic by which such information is stored, recorded or reproduced." 29 Del. C. § 10002(l).

Delaware FOIA is to be construed liberally to further its purpose of open government.

PART IV: RECORDS REQUESTED

I request access to and/or copies of the following records:

Category 1:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 2:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 3:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Additional Records (if needed):

[________________________________]

[________________________________]

Record Types Sought (check all that apply):

☐ Correspondence (letters, emails, memoranda)
☐ Reports and studies
☐ Meeting minutes and agendas
☐ Contracts and agreements
☐ Financial records and budgets
☐ Personnel records (non-exempt portions)
☐ Policies, procedures, and guidelines
☐ Inspection reports
☐ Permits and applications
☐ Photographs, audio, or video recordings
☐ Electronic databases or data sets
☐ Maps, drawings, or diagrams
☐ Other: [________________________________]

PART V: FORMAT OF PRODUCTION

I request that responsive records be provided in the following format:

☐ Electronic format (preferred)
☐ Paper copies
☐ Both electronic and paper copies
☐ In-person inspection during regular business hours

Under 29 Del. C. § 10003(b), if a public record is maintained in an electronic format, the public body shall provide access to the record in that format if so requested. The public body shall not be required to create a record that does not exist.

Specific Format Preferences:

☐ PDF format
☐ Native file format
☐ CSV or spreadsheet format for data
☐ Other: [________________________________]

PART VI: FEE PROVISIONS

A. Fee Limitations Under 29 Del. C. § 10003

I understand that under Delaware FOIA:

1. First 20 pages free: The first twenty (20) pages of standard-sized, black and white copies are provided free of charge. 29 Del. C. § 10003(m)(1).

2. Standard copy fees: For standard-sized, black and white copies exceeding 20 pages, the fee is $0.10 per single-sided sheet or $0.20 per double-sided sheet. 29 Del. C. § 10003(m)(2).

3. Administrative fees: The public body may charge administrative fees for staff time associated with processing the request, excluding any fees for the public body's legal review of whether a record is exempt from disclosure. 29 Del. C. § 10003(m)(3).

4. No legal review charges: The public body may not charge the requester for time spent by the public body or its attorneys in determining whether a record is exempt. 29 Del. C. § 10003(m)(3).

5. Electronic records: If records are available in electronic format and the requester asks for electronic copies, the charge shall be limited to the actual cost of the electronic medium.

B. Fee Cap and Estimate

I agree to pay reasonable fees in accordance with 29 Del. C. § 10003, up to a maximum of $[____]. If estimated fees exceed this amount, please provide a written estimate before proceeding and await my authorization.

C. Fee Waiver Request

☐ I request a fee waiver or reduction because this request serves the public interest.

Basis for Fee Waiver: [________________________________]

PART VII: RESPONSE DEADLINE

Under 29 Del. C. § 10003(g), the public body must respond to this FOIA request within fifteen (15) business days after the receipt thereof.

The response must be one of the following:

1. Provide access to the requested records;
2. Deny access to the records or parts of them, providing a written explanation of the basis for denial and citing the specific exemption(s);
3. Advise that additional time is needed because:
   - The request is for voluminous records;
   - The request requires legal advice; or
   - The record is in storage or archived.

If additional time is needed, the public body must provide a good faith estimate of the additional time required.

Critical: Failure to respond within the 15-business-day period may be treated as a denial for purposes of enforcement.

PART VIII: EXEMPTIONS AND SEGREGABILITY

If any portion of the requested records is claimed to be exempt from disclosure, I request that the public body:

1. Cite the specific exemption relied upon for each withheld record or portion thereof;
2. Provide a written explanation of the reasons for the denial;
3. Segregate and release all non-exempt portions of partially exempt records; and
4. Bear the burden of proof: The public body bears the burden of justifying non-disclosure.

Key Exemptions Under 29 Del. C. § 10002(l) (Exclusions from Definition of "Public Record"):

The following are excluded from the definition of "public record" and therefore not subject to FOIA:

• (1) Any records specifically exempted from public disclosure by statute or common law
• (2) Trade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature
• (3) Investigatory files compiled for civil or criminal law enforcement purposes to the extent specified in the statute
• (4) Inter-agency or intra-agency memorandums or letters which would not be available by law to a party in litigation with the public body (deliberative process privilege)
• (5) Personnel, medical, or pupil files where disclosure would constitute an invasion of personal privacy
• (6) Records specifically related to pending or potential litigation
• (7) Examination questions and scoring keys

Additional Exemptions:

• 29 Del. C. § 10002(l)(8) - Any records pertaining to pending or potential litigation which are not records of any court
• 29 Del. C. § 10002(l)(12) - Any records which would disclose the identity of a confidential source
• 29 Del. C. § 10002(l)(17) - Records of communications between public body members on public business conducted in preparation for a public meeting

PART IX: PRESERVATION OF RECORDS

The public body is hereby placed on notice that all records responsive to this request must be preserved. Destruction of public records is governed by 29 Del. C. § 5003 (Delaware Public Archives) and applicable records retention schedules. Willful destruction of records to avoid a FOIA request may result in penalties.

PART X: APPEAL AND ENFORCEMENT RIGHTS

I understand that, in the event of a denial, I have the following enforcement rights:

A. Petition to the Attorney General (29 Del. C. § 10005(e))

I may petition the Delaware Department of Justice for a determination of whether the public body has violated FOIA. The Attorney General must issue a written determination within twenty (20) days of receiving the petition.

The Attorney General's determinations are binding on the public body unless overturned by the Superior Court.

Delaware Department of Justice - Open Government Unit:

• 820 N. French Street
• Wilmington, DE 19801
• Telephone: (302) 577-8600

B. Civil Action in Superior Court (29 Del. C. § 10005(a))

Alternatively, I may file a civil action in Superior Court seeking:

1. Injunctive relief compelling disclosure;
2. Declaratory judgment that the public body violated FOIA;
3. An order for the court to conduct in camera inspection of the records.

C. Attorney Fees and Costs (29 Del. C. § 10005(d))

If the court finds that the public body unreasonably denied access to records, the court may award the requester reasonable attorney fees and costs of litigation.

D. Civil Penalties

Under 29 Del. C. § 10005(f), any public body official who willfully violates FOIA may be subject to a civil penalty of not less than $100 and not more than $1,000 for each violation.

I reserve all rights to pursue administrative and judicial remedies available under Delaware law.

PART XI: ADDITIONAL PROVISIONS

A. Citizen Requirement

Under Delaware FOIA, the right of inspection and copying is afforded to "any citizen of the State." 29 Del. C. § 10003(a). I confirm that I am a citizen of the State of Delaware (or I am otherwise entitled to access under applicable law).

☐ I am a Delaware citizen
☐ I am requesting records through a Delaware citizen or entity
☐ Other basis for standing: [________________________________]

B. No Purpose Requirement

Delaware FOIA does not require a requester to state a purpose or reason for requesting records.

C. Forwarding

If this request has been misdirected, I request that it be forwarded to the appropriate FOIA Coordinator and that I be notified.

D. Communication

All communications regarding this request should be directed to the Requester at the contact information provided in Part I above.

PART XII: CERTIFICATION AND SIGNATURE

I certify that this request is made in good faith pursuant to the Delaware Freedom of Information Act, 29 Del. C. § 10001 et seq. I affirm the accuracy of the information provided herein.

Signature: ___________________________________

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Organization (if applicable): [________________________________]

Date: [__/__/____]

SOURCES AND REFERENCES

1. Delaware Freedom of Information Act, 29 Del. C. § 10001 et seq.
2. 29 Del. C. § 10001 - Public policy declaration
3. 29 Del. C. § 10002(l) - Definition of "public record" and exclusions/exemptions
4. 29 Del. C. § 10003(a) - Right of inspection and copying (citizens of Delaware)
5. 29 Del. C. § 10003(b) - Electronic records production
6. 29 Del. C. § 10003(g) - Response deadline (15 business days)
7. 29 Del. C. § 10003(m) - Fee provisions (first 20 pages free; $0.10/page thereafter; no legal review charges)
8. 29 Del. C. § 10005(a) - Civil action in Superior Court
9. 29 Del. C. § 10005(d) - Attorney fees and costs
10. 29 Del. C. § 10005(e) - Petition to Attorney General (20-day determination)
11. 29 Del. C. § 10005(f) - Civil penalties ($100-$1,000 per violation)
12. 29 Del. C. § 5003 - Delaware Public Archives records retention

This template is designed for use in the State of Delaware under the Freedom of Information Act, 29 Del. C. § 10001 et seq. It should be customized to the specific facts of each request and reviewed by a qualified Delaware attorney before submission. Laws and regulations may change; verify all citations before use.