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 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…
Does Delaware's open-meetings agenda rule apply to a Joint Legislative Committee?
No. The Joint Legislative Oversight and Sunset Committee did not violate FOIA when its February 13, 2025 agenda named only the Lead Poisoning Prevention Program but the meeting drifted into related pr…
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 officials…
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 by …
If Delaware police were called about me but no crime was charged, can I FOIA the body camera footage of that encounter?
No. The City of Newark properly denied a request from Samuel Smith for body camera footage of his own interaction with police, even though Smith insisted no crime was committed and no investigation wa…
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 violated FOIA when it failed to post the February 5, 2025 meeting agenda until thirty minutes before the meeting. FOIA requires the agenda to be posted …
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 rules.…
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 litig…
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 own…
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 Committ…
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 st…
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 as…
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 agenda must include a public comment period (verbally adding it at the meeting does not work), and the meeting notice must include both an anchor physical location AND virtual participation inform…
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 t…
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 win…
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 signature…
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 must be on the printed agenda. The Mayor's verbal addition at the start of the December 13, 2024 meeting did not save it. ACT violated FOIA. But because ACT voted at that…
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 staf…
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. Pawlos…
If a Delaware city tells me that no records exist responsive to my FOIA request, can I force them to look harder?
Only if you can show their search was inadequate. The City of Wilmington's Director of Land Use and Planning swore under oath that an inspector visited the Rockford Tower Condominiums in August 2024 a…
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 reques…
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?
No. Two separate Delaware statutes block it: 11 Del. C. § 4322(a) makes DOC's case records privileged, and 11 Del. C. § 8513(d) prohibits dissemination of 'criminal history record information,' which …
Can a Delaware town council discuss a public employee's performance plan in a string of emails, instead of holding a public meeting?
No. When the town's lawyer emailed the whole council asking for their comments on the plan and members replied with substantive opinions, that exchange became a 'meeting' under FOIA. Doing it by email…
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. Because the DOC's records system would have to be cross-referenced with other state databases to produce accurate aggregate counts, and FOIA does not require an agency to create a record that does…
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 (incl…
When are post-executive-session conversations among school board members a FOIA violation?
No. The Christina School District Board of Education did not violate FOIA on August 13, 2024. Board member Monica Moriak alleged four members met privately after an executive session, but the Board's …
Can a national trade association FOIA Delaware records to investigate whether the state legislature ratified the Unified Carrier Registration Agreement, when the association itself isn't a Delaware citizen?
No. Delaware FOIA's right to inspect public records is limited to Delaware citizens, a rule the AG has consistently applied since Op. 16-IB20. The Small Business in Transportation Coalition is a natio…
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 a…
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 device…
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 FOIA…
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 Divis…
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 potentia…
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 addition…
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 are…
Can a Delaware FOIA request reach emails from a previous Governor's administration?
No. The AG concluded the Governor's Office did not violate FOIA when it told an incarcerated requester it could not produce emails belonging to the prior Markell administration, because FOIA's noncust…
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 W…
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 complaints…
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 Educ…
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 or…
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 stree…
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 eligibility…
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 cel…
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 a …
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 identity-of-req…
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 July…
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 that…
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 f…
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 qualifications …
Can a Delaware school board hold an unannounced executive session about Robert's Rules and vote no confidence in the superintendent?
Yes for two of four claims. The AG ruled the Christina School Board violated FOIA by holding an unannounced executive session on parliamentary procedure (not a permitted purpose) and by failing to age…
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 'meetin…
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 publ…
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 pr…
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, by…
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 exem…
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. DelDO…
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 a …
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 th…
Can a Delaware town council just hold a closed-door 'executive meeting' to talk about draft ordinances?
No. The Town of Leipsic noticed a March 26, 2024 'Executive Meeting/Session' for 'Council Members Only' to discuss draft and existing town ordinances and the town charter. The AG ruled that ordinances…
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 bul…
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 why…
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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.