How to File a Public Records Request in Middletown, Delaware

What Is the Delaware Freedom of Information Act?

The Delaware Freedom of Information Act (FOIA), codified at 29 Del. C. §§ 10001–10008, is the state's primary open-records law. It declares that public business must be performed openly so that citizens can observe officials and monitor decisions, and that citizens must have easy access to public records for democracy to function. The law applies to all state agencies, counties, municipalities, school boards, and most public bodies created by the General Assembly — including the Town of Middletown.

A public record under Delaware FOIA is defined broadly: any information of any kind, in any format, owned, made, used, retained, received, or compiled by a public body that relates in any way to public business or public purposes. This includes town council meeting minutes, contracts, permits, budgets, emails, zoning decisions, police reports, and invoices.

Key exemptions include personnel and medical files, law enforcement investigatory records, trade secrets, attorney-client communications, records involving labor negotiations or collective bargaining, and records pertaining to pending or potential litigation. Under 29 Del. C. § 10005(c), the burden of proof to justify withholding any record falls squarely on the public body — not on the person making the request.

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 Middletown

How to Submit Your Request

Under 29 Del. C. § 10003(f), all FOIA requests must be made in writing — in person, by mail, by email, or by fax. The Town of Middletown has adopted a FOIA policy under Town Code Chapter 125 implementing Delaware FOIA. You may use the standard FOIA request form promulgated by the Delaware Attorney General's Office (available at delaware.gov/forms/foia_request_form.pdf), but this form is not required — any written request that adequately describes the records sought will be accepted. Send or deliver your written request to the Town Clerk's Office / FOIA Coordinator at 19 W. Green Street, Middletown, DE 19709. You can also call Town Hall at (302) 378-2711 to obtain the current FOIA coordinator's name and direct email address before submitting. Be as specific as possible about the records you are seeking — dates, subjects, departments, and document types — to help the Town locate them efficiently.

What to Include in Your Request

• Your full name and complete mailing address (required for identification as a Delaware citizen)
• A clear, specific description of the records you are requesting, including relevant dates, subjects, and document types
• The department or office most likely to hold the records (e.g., Planning, Finance, Police)
• Your preferred format for receiving records (paper copies, electronic files, etc.)
• A fee threshold statement indicating the maximum you are willing to pay, and requesting a cost estimate before production if that amount may be exceeded
• Your phone number or email address so the Town can contact you with questions or a fee estimate
• A citation to the Delaware Freedom of Information Act, 29 Del. C. §§ 10001–10008, to make clear this is a formal FOIA request

Response Deadlines and What to Expect

Under 29 Del. C. § 10003(h), every public body in Delaware — including the Town of Middletown — must respond to a FOIA request within 15 business days of receiving it. The response must either provide access to the requested records, deny access with a specific written explanation citing applicable statutory exemptions, or notify the requester that additional time is needed.

Note that the Town of Middletown's own FOIA policy under Town Code Chapter 125 sets a target of 10 business days for responses — a more ambitious standard than the state minimum.

An extension is permitted when the request involves voluminous records, requires legal review, or demands extensive archival research. The Town must give written notice of the need for additional time. No specific outer limit for extensions is written into the statute, but the public body must still act as promptly as possible.

Under the state FOIA fee schedule at 29 Del. C. § 10003(m), the first 20 pages of standard-sized black-and-white copies are provided free of charge. Additional pages are $0.10 per single-sided sheet or $0.20 per double-sided sheet. Administrative fees may be charged for staff time exceeding one hour spent on identifying records, monitoring file reviews, or generating computer records — but not for time spent on legal review of exemptions. The Town may require payment in advance before fulfilling a request.

What to Do If Your Request Is Denied or Delayed

If the Town of Middletown denies your FOIA request, fails to respond within 15 business days, or provides only a partial response, you have meaningful options under Delaware law.

First, review the denial letter carefully. The Town is required to cite the specific statutory exemption under 29 Del. C. § 10002(o) that justifies withholding records. Vague or conclusory denials — such as “this information is confidential” without a specific exemption — do not meet the legal standard. The Town bears the burden of proof to justify any withholding.

Second, consider contacting the FOIA Coordinator directly to clarify the scope of your request. Narrowing or rephrasing a broad request can sometimes resolve a denial without formal escalation.

If informal resolution fails, Delaware citizens may petition the Delaware Department of Justice (Attorney General's Office) under 29 Del. C. § 10005(e) for a written determination of whether a violation has occurred. This is a free process — the AG will contact the public body, review the record, and issue a written opinion. The AG has 20 business days to respond to your petition.

If the AG determines a violation has occurred, the citizen may request that the AG file suit, or file independently in Delaware Superior Court within 60 days of the denial under 29 Del. C. § 10005(b). A court may award attorney fees and costs to a prevailing plaintiff. Attorney fees against the plaintiff may only be awarded if the court finds the action was frivolous or brought solely for harassment under 29 Del. C. § 10005(d).

Keep copies of every written communication, including your original request, the Town's response, any fee estimates, and all follow-up correspondence. A clear paper trail is essential for any petition or lawsuit.

Steps to Appeal

1. Review the written denial carefully for the specific statutory exemption(s) cited under 29 Del. C. § 10002(o); a missing or vague citation is itself a potential FOIA violation.
2. Contact the Town of Middletown FOIA Coordinator at (302) 378-2711 to seek clarification, narrow your request, or resolve the dispute informally.
3. If informal resolution fails, file a written petition with the Delaware Department of Justice, Open Government Section, under 29 Del. C. § 10005(e); the AG has 20 business days to issue a written determination.
4. Contact the AG's FOIA office at: Delaware Department of Justice, Attn: FOIA Coordinator, 820 N. French St., 6th Floor, Wilmington, DE 19801, or visit attorneygeneral.delaware.gov/executive/open-government/ for petition instructions.
5. If the AG determines a violation occurred, request that the AG bring suit on your behalf, or file your own action in Delaware Superior Court within 60 days of the denial under 29 Del. C. § 10005(b).
6. If you prevail in court, you may recover attorney fees and costs under 29 Del. C. § 10005(d); the defendant may only recover fees if the court finds your action was frivolous or brought solely to harass.
7. If your suit is time-barred (more than 60 days since denial), consider submitting a new, updated FOIA request to reset the clock on the same records.

Types of Records You Can Request from Middletown, Delaware

As a growing municipality providing a wide range of public services — including its own electric utility, water and sewer systems, police department, and planning commission — the Town of Middletown produces and retains a broad range of public records. The following are common examples of records available under Delaware FOIA.

• Town Council meeting minutes, agendas, and resolutions
• Building permits, zoning applications, and variance approvals
• Municipal contracts, vendor agreements, and procurement records
• Town budgets, annual financial reports, and audit documents
• Police department incident reports, calls for service logs, and use-of-force records
• Electric utility rate schedules, service agreements, and infrastructure records
• Water and sewer system records, inspection reports, and connection fee schedules
• Planning and zoning board decisions and staff reports
• Code enforcement complaints, inspection records, and violation notices
• Mayor and Town Council correspondence and official communications
• Personnel policies (not individual personnel files, which are exempt)
• Town annexation records and boundary change documents
• Grant applications and federal/state funding documentation
• Traffic studies, road construction contracts, and public works records
• Environmental compliance reports and utility easement records

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

Tips for Effective Public Records Requests in Middletown