How to File a Public Records Request in Milford, Delaware

What Is the Delaware Freedom of Information Act?

The Delaware Freedom of Information Act (FOIA), codified at 29 Del. C. §§ 10001–10008, was enacted in 1977 on the premise that “it is vital in a democratic society that public business be performed in an open and public manner” and that citizens have “easy access to public records in order that the society remain free and democratic.”

The law guarantees citizens the right to inspect and obtain copies of public records held by any public body in Delaware, including the City of Milford. A “public record” is broadly defined as information of any kind — regardless of physical form or whether it is stored as paper, email, database, or other electronic format — that relates in any way to public business, public interest, or public purposes. Examples include building permits, city council meeting minutes, contracts, budgets, city emails, inspection reports, and zoning decisions.

Key exemptions include personnel and medical files, law enforcement investigatory records, attorney-client privileged communications, and materials specifically protected by other statutes. The burden of proof to justify withholding any record rests on the public body — not on the requester. Delaware FOIA applies to all Delaware citizens; non-Delaware citizens may be denied access under the current statute.

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 Milford

How to Submit Your Request

The City of Milford accepts public records requests through its online form at cityofmilford.com, by mail to City Hall at 201 S Walnut Street, Milford, DE 19963, or in person at City Hall during regular business hours, Monday through Friday, 8:00 AM to 5:00 PM. The online form is the most efficient submission method and creates a written record of your request. Under 29 Del. C. § 10003(f)(1), all FOIA requests must be in writing. You are not required to use a specific form, but your request must include your contact information and a sufficiently detailed description of the records you seek. The City Clerk’s Office serves as the custodian of city records and will acknowledge and process your request.

What to Include in Your Request

• Your full name and mailing address
• A phone number or email address for follow-up contact
• A specific and detailed description of the records requested (dates, subjects, departments, document types)
• The preferred format for receiving records (electronic copies, paper, in-person inspection)
• A fee ceiling above which you want to be notified before work proceeds (e.g., 'Please notify me if fees will exceed $25')
• The date of your request
• A citation to the Delaware Freedom of Information Act, 29 Del. C. §§ 10001–10008

Response Deadlines and What to Expect

Under 29 Del. C. § 10003(h)(1), the City of Milford must respond to your FOIA request as soon as possible, but in any event within 15 business days of receipt. A response within this window may take one of three forms: (1) providing access to the requested records; (2) denying access to the records or parts of them, with stated reasons; or (3) notifying you that additional time is needed because the request involves voluminous records, requires legal review, or the records are in storage or archived.

If the City cannot fulfill the request within 15 business days, it must cite one of those enumerated reasons and provide a good-faith estimate of when it expects to complete the response.

If your request is denied in whole or in part, the City must state the reason(s) for denial. Note that Delaware FOIA restricts access to Delaware citizens; non-residents of Delaware may be denied access under the current statute and recent Attorney General opinions.

For fees, the first 20 pages of standard-sized, black-and-white paper copies are free. Copies beyond 20 pages are $0.10 per single-sided sheet. Administrative fees may be charged for staff time exceeding one hour of processing, billed at the lowest applicable hourly pay rate in quarter-hour increments. The City must provide you with an itemized written cost estimate before incurring any fees, and you may choose to modify or cancel your request after receiving that estimate.

What to Do If Your Request Is Denied or Delayed

A denial of your FOIA request by the City of Milford is not necessarily the end of the road. Delaware provides a meaningful avenue for review through the Attorney General, and ultimately through the courts.

Common reasons for denial include claims that records fall under one of the 19 statutory exemptions in 29 Del. C. § 10002(o) — most frequently cited are personnel file privacy, law enforcement investigatory records, attorney-client privilege, and records protected by other statutes. If a denial doesn’t cite a specific exemption or seems overly broad, that itself may be grounds for challenge.

Remember: the burden of proof is on the City, not you. Under 29 Del. C. § 10005(c), in any appeal or court action, the custodian of records must justify the denial — you do not have to prove that the records should be released.

If your request receives no response within 15 business days, treat that silence as a constructive denial and consider escalating.

Practically speaking, try a polite follow-up call or email to the City Clerk first. Staff turnover, miscommunication, or simple processing delays sometimes account for non-responses. Keep records of all communications, including dates, names, and content. If informal resolution fails, Delaware’s Attorney General petition process is free, relatively accessible, and has a real track record of securing disclosure.

Steps to Appeal

1. Follow up directly with the City Clerk's Office if you have not received a response within 15 business days, citing the deadline under 29 Del. C. § 10003(h).
2. If the denial is received, review it carefully to identify what exemptions were cited and whether they appear to apply to your specific request. Narrow or reframe your request if appropriate.
3. Petition the Delaware Attorney General (Department of Justice) for a written determination under 29 Del. C. § 10005(e). The AG must issue a written determination within 20 days of receiving your petition. Petition forms and instructions are available at attorneygeneral.delaware.gov/executive/open-government/.
4. If the AG's determination finds a violation, the City must comply or face potential litigation. If the AG disagrees, you retain the right to pursue court action.
5. File suit in Delaware Superior Court within 60 days of the denial under 29 Del. C. § 10005(b). Venue may be in the county where the public body ordinarily meets or where you reside. If you seek to enjoin an action or gain access to a meeting, file in the Court of Chancery.
6. In any court action, the burden of proof is on the City to justify its denial (29 Del. C. § 10005(c)). A court may award attorney's fees and costs to a successful plaintiff. Attorney's fees may be awarded to a successful defendant only if the court finds the action was frivolous or brought solely to harass (29 Del. C. § 10005(d)).
7. Consider contacting a private attorney experienced in Delaware FOIA litigation if the records sought are of significant public importance or if you face unusual resistance.

Types of Records You Can Request from Milford, Delaware

The City of Milford holds a wide variety of records that are presumptively public under the Delaware Freedom of Information Act. The following are common and useful categories of municipal records you can request:

• City Council meeting minutes, agendas, and resolutions
• City budget documents, financial reports, and audits
• Contracts and agreements between the City and vendors, developers, or service providers
• Building permits, inspection reports, and certificates of occupancy
• Zoning applications, variances, and planning commission records
• Annexation petitions and boundary change documents
• Code enforcement actions, notices of violation, and abatement records
• City employee salary schedules and personnel policies (excluding individual personnel files)
• Public works project documents, bids, and cost estimates
• City emails and correspondence related to public business
• Police incident and call-for-service data (subject to law enforcement exemptions)
• Development agreements and incentive packages for economic projects
• Environmental and stormwater management records
• City election records managed by the City Clerk
• Property records, assessments, and tax liens held by the City

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

Tips for Effective Public Records Requests in Milford