How to File a Public Records Request in Dover, Delaware

What Is the Delaware Freedom of Information Act?

The Delaware Freedom of Information Act (FOIA), codified at 29 Del. C. §§ 10001–10008 (Title 29, Chapter 100), was first enacted in 1977. It establishes that 'it is vital that citizens have easy access to public records in order that the society remain free and democratic,' and guarantees the public the right to inspect and copy records held by government bodies.

Under Delaware FOIA, 'public record' is broadly defined as information of any kind — owned, made, used, retained, received, produced, composed, drafted, or otherwise collected by any public body — relating in any way to public business or public purposes. This includes city council meeting minutes, municipal contracts, building permits, budget documents, inspection reports, correspondence, and emails related to public business.

The law contains 19 specific exemptions, including personnel and medical files, criminal investigative records, attorney-client communications, pending litigation strategy, and collective bargaining materials. Crucially, the burden of proof to justify any withholding rests on the public body, not the requester. Exemptions are to be narrowly construed under Delaware law. All public bodies, including the City of Dover, are required to designate a FOIA coordinator and maintain an online portal for receiving requests.

Read the full text of the Delaware Freedom of Information Act (29 Del. C. §§ 10001–10008 (Title 29, Chapter 100))

How to File a Public Records Request with the City of Dover

How to Submit Your Request

The City of Dover accepts FOIA requests through its online portal, accessible from the city's FOIA page at cityofdover.gov/FOIA. The portal allows you to submit a new request, check the status of a pending request, and search the City's public FOIA archives. Requests may also be submitted by email to [email protected], by mail to the City Clerk's Office at 15 Loockerman Plaza, or in person during regular business hours. No specific form is required, but your request must be in writing and describe the records sought in sufficient detail to allow City staff to locate them with reasonable effort. The City Clerk's Office can be reached by phone at (302) 736-7008 for assistance identifying or locating records. The online portal is the recommended method, as it creates a timestamped record of your request and allows you to monitor its status.

What to Include in Your Request

• Your full name and contact information (mailing address, email, and/or phone number)
• A clear and specific description of the records you are requesting, including relevant dates, parties, or subject matter
• The preferred format for receiving records (electronic copies, paper copies, or inspection in person)
• Any specific date ranges or document types that help narrow the search
• A statement of your maximum fee threshold, or a request for a fee waiver if applicable
• A reference to the Delaware Freedom of Information Act, 29 Del. C. §§ 10001–10008, as the basis for your request

Response Deadlines and What to Expect

Under 29 Del. C. § 10003(h), the City of Dover must respond to your FOIA request as soon as possible, but no later than 15 business days after receipt. Business days exclude weekends, state and federal holidays, and other days when City offices are closed.

A valid response within the deadline must do one of the following: (1) provide access to the requested records; (2) deny access in whole or in part with written explanation citing the applicable exemption; or (3) advise that additional time is needed because the request involves voluminous records, requires legal review, or the records are in storage or archived. An extension must be communicated in writing before the 15-day deadline expires.

If the City anticipates that your request will require labor costs or other fees, it must provide an itemized written cost estimate before proceeding. Upon receiving the estimate, you may proceed, modify, or cancel your request. Under state statute, the first 20 pages of standard black-and-white copies are provided free of charge; additional pages are $0.10 per sheet. Labor fees are billed per quarter-hour at the rate of the lowest-paid employee capable of performing the work.

For code violation records, the City of Dover charges a $50.00 flat fee per property. Police report copies carry separate fees (§25.00 for insurance companies). Check the City's FOIA page for any additional service-specific fee information.

What to Do If Your Request Is Denied or Delayed

If the City of Dover denies your FOIA request, fails to respond within 15 business days, or provides an inadequate response, you have meaningful options for recourse under Delaware law.

The most common reasons for denial include claims that records fall within one of FOIA's 19 statutory exemptions — such as ongoing criminal investigations, attorney-client privilege, personnel privacy, or pending litigation. If you receive a denial, read the written explanation carefully. The City is required to identify the specific exemption it is relying upon and may be required to produce any non-exempt portions of partially withheld records.

If you believe the denial is improper, or if the City simply failed to respond within the statutory deadline, you may petition the Delaware Attorney General's Open Government section for a determination of whether a FOIA violation has occurred. This is a free process under 29 Del. C. § 10005(e). Submit your petition in writing to [email protected]. The AG has 20 days to issue a written determination.

If the AG finds a violation occurred, you may either file suit yourself in Delaware Superior Court or request that the AG file suit on your behalf. You have 60 days from the denial to file suit under 29 Del. C. § 10005(b). Courts may award attorney fees and costs to a successful plaintiff. Note that a fee award against a prevailing defendant requires a court finding that the action was frivolous or brought solely for harassment — the standard is not symmetric.

Practical tip: Before escalating, try contacting the City Clerk's Office directly by phone at (302) 736-7008 to ask about the status of your request. Delays are sometimes administrative rather than intentional, and a brief follow-up call can resolve many issues quickly.

Steps to Appeal

1. Review the denial letter carefully to identify the specific statutory exemption cited and whether any non-exempt portions were produced.
2. Contact the City Clerk's Office at (302) 736-7008 or [email protected] to ask about the status or reason for delay and to attempt informal resolution.
3. Submit a written petition to the Delaware Attorney General's Open Government section at [email protected], describing how the City violated FOIA and attaching supporting documents (29 Del. C. § 10005(e)).
4. The AG will review your petition and contact the City within 10 days; the AG must issue a written determination within 20 days of receiving the petition.
5. If the AG finds a violation, decide whether to file suit yourself in Delaware Superior Court or request that the AG file suit on your behalf; you have 60 days from the denial to file suit (29 Del. C. § 10005(b)).
6. If successful in court, seek attorney fees and litigation costs — courts may award these to the prevailing requester under 29 Del. C. § 10005(d).
7. If the Superior Court rules against you, an appeal may be taken to the Delaware Supreme Court within 30 days under Delaware Supreme Court Rule 6.

Types of Records You Can Request from Dover, Delaware

As Delaware's state capital and a full-service municipal government, the City of Dover generates a wide range of public records. The following are common record types frequently requested under the Delaware FOIA:

• City Council meeting minutes, agendas, and vote records
• City budget documents, financial reports, and audit records
• Municipal contracts, vendor agreements, and procurement records
• Building permits, inspection reports, and code violation records
• Zoning applications, planning commission decisions, and land use records
• Police incident reports and crime statistics (non-investigative)
• City employee salary and payroll records (excluding personal privacy details)
• Public works project files and infrastructure maintenance records
• Environmental and utility records, including water quality reports
• City ordinances, resolutions, and legislative history
• Mayor and City Council correspondence related to public business
• Grant applications and awarded grant documentation
• Personnel policies and departmental procedures
• Election records and voter registration data (subject to statutory restrictions)
• City-issued licenses and permits

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Dover to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Dover