Can I demand 'all books, checking accounts and papers' a town has kept since a certain year under a public records request?

Official title

03-IB24: F.O.I.A. Complaint Against Town of Frederica

Plain-English summary

A resident who suspected she'd been overcharged for water and trash service asked Frederica for four things: her water and trash bills, "all books, checking accounts and papers" the town had kept since 1994, an accounting of $20,000 and $10,000 in bonds left by a former mayor and council, and a list of bonded persons and their bonding company. The town agreed to hand over the bills and bonding records right away. It pushed back on the sweeping request for "all" its financial records since 1994 as impossibly vague, and the AG agreed: FOIA puts the burden on the requester to frame a request narrowly enough to actually identify records, not just ask for everything. On the bond accounting, the town argued no formal accounting document existed and FOIA doesn't make it create one. The AG agreed with that principle too, but drew a distinction that mattered: even though the town doesn't have to build a new summary document, the underlying records that a summary would be based on, whatever shows where that bond money actually went, are still public records the town has to produce, since the resident had identified that specific pot of money clearly enough.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Can I ask a town for "all" of its financial records going back several years in one public records request?
A: Not under this opinion. The AG found that kind of broad, sweeping request lacking specificity doesn't have to be honored, since it's the requester's job to frame the request narrowly enough to identify actual records.

Q: If I ask for "an accounting" of specific government funds and no such accounting exists, does the government have to create one?
A: No, according to this opinion. The AG found FOIA doesn't require a public body to pull together information from various sources into a brand-new summary document that didn't already exist.

Q: If a summary document doesn't exist, can I still get the underlying records behind it?
A: Yes, based on this opinion, as long as you've identified the specific fund or subject with reasonable clarity. The AG ordered the town to produce the underlying documents about the bond money even though it wouldn't order a new accounting to be prepared.

Background and statutory framework

The complaint concerned four categories of records requested from the Town of Frederica: water and trash bills, all town financial books and papers since 1994, an accounting of $20,000 and $10,000 in bonds left by a prior administration, and bonding-company information. The town voluntarily resolved the bills and bonding requests. On the sweeping request for all records since 1994, the AG applied its own prior opinions, Att'y Gen. Op. 95-IB24 and Att'y Gen. Op. 94-IO30, for the rule that a requester must frame requests with reasonable specificity, finding this one too broad. On the bond accounting, the AG applied Att'y Gen. Op. 03-IB13 to hold that while FOIA doesn't require creating a new accounting document, the underlying records reflecting the bond fund's use remained public records that had to be produced given the reasonable specificity of that part of the request.

Citations and references

Cases:

• Att'y Gen. Op. 95-IB24 (Aug. 7, 1995), a requester must frame requests with sufficient specificity
• Att'y Gen. Op. 94-IO30 (Oct. 19, 1994), broad, sweeping requests lacking specificity need not be honored
• Att'y Gen. Op. 03-IB13 (June 2, 2003), FOIA doesn't require creating a new accounting document, but underlying records must be produced

Source

• Landing page: https://attorneygeneral.delaware.gov/2003/10/30/03-ib24-f-o-i-a-complaint-against-town-of-frederica/
• Original PDF: not linked from landing page

Original opinion text

October 30, 2003

Kent County Office – Civil Division (739-7641)

Ms. Cecile Tiemeyer

80 Church Street

Bowers Beach, DE 19946

Re: Freedom of Information Act Complaint Against Town of Frederica

Dear Ms. Tiemeyer:

We received your complaint on September 11, 2003 alleging that the Town of Frederica ("the Town") violated the Freedom of Information Act, 29 Delaware Code Chapter 100 ("FOIA"), by not allowing you to inspect and copy the following records: (1) "all water and trash bills"; (2) "all books, checking accounts and papers that the Town maintains since 1994"; (3) "an accounting of the $20,000.00 and $10,000.00 in bonds left in the Town's name by a former mayor and council"; and (4) a list of the names of persons who are bonded and the name and address of the bonding company.

By letter dated September 22, 2003, we asked the Town to respond to your complaint in writing. We received the Town's response on October 14, 2003. The Town has offered to make available to you for inspection and copying the water and trash bills, and documentation relating to the bonding of Town employees and/or Council members. The Town objects to your second request as "exceptionally broad and vague," but has offered you access to any account statements. The Town also objects to your third request because "no specific 'accounting' of these funds has been authorized or prepared" and FOIA does not require a public body "to prepare a document where no such document exists to comply with a FOIA request."

The Town has offered to provide you with access to the water and trash bills and bonding information, so those issues have been resolved. Your second request is overly broad. In previous opinions, we have pointed out that "[i]t is the duty of the requestor to frame the request with sufficient specificity so that it is not unnecessarily broad." Att'y Gen. Op. 95-IB24 (Aug. 7, 1995). FOIA does not require a public body to honor "[b]road, sweeping requests lacking specificity." Att'y Gen. Op. 94-IO30 (Oct. 19, 1994).

FOIA also does not require a public body to prepare an accounting "pulling together information from various sources and arranging it in a format you requested to create a new public record that did not already exist." Att'y Gen. Op. 03-IB13 (June 2, 2003). The underlying documents on which an accounting might be prepared, however, are subject to FOIA, and we believe that you have identified those records with reasonable specificity. Accordingly, the Town should make those records available to you for inspection and copying within ten days of the date of this letter.

We sense in your complaint a note of frustration that you may have been overcharged for Town services, and trust that Town officials will take the time to work with you to resolve any problems to the extent they have not already done so.

Very truly yours,

W. Michael Tupman

Deputy Attorney General

APPROVED

Malcolm S. Cobin

State Solicitor

cc: The Honorable M. Jane Brady

Attorney General

Lawrence W. Lewis, Esquire

Deputy Attorney General

Fred A. Townsend, III, Esquire

Town Solicitor

Phillip G. Johnson

Opinion Coordinator