How to File a Public Records Request in Millsboro, 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), is Delaware's primary open-records law. Enacted in 1977, it declares 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 so that the society remains free and democratic. The law applies to all state agencies, counties, municipalities, school boards, and most public bodies created by the General Assembly — including the Town of Millsboro.

A "public record" under Delaware FOIA is broadly defined: any information of any kind, in any format — paper, email, database, or otherwise — that is owned, made, used, retained, received, produced, or compiled by a public body relating in any way to public business or public purposes. Examples include town council meeting minutes, municipal contracts, building permits, zoning decisions, inspection reports, budgets, and emails sent or received by town officials on public business.

Key exemptions include personnel and medical files whose disclosure would invade personal privacy, law enforcement investigatory records, attorney-client privileged communications, records involving pending or potential litigation, and trade secrets. Under 29 Del. C. § 10005(c), the burden of proof to justify withholding any record rests squarely on the public body — not on the person making the request. Requesters are not required to state a reason for their 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 Millsboro

How to Submit Your Request

The Town of Millsboro accepts public records requests by email, mail, fax, or in person at Town Hall. The Town's FOIA Coordinator is located in the Town Manager's Office at 322 Wilson Highway, Millsboro, Delaware 19966. Email your request to [email protected] — the Town's primary FOIA contact address, confirmed on both the Town's FOIA page and the Millsboro Police Department's FOIA page. You may also fax your request to (302) 934-7682, mail it to Town Hall, or deliver it in person during regular business hours, Monday through Friday, 8:00 AM to 4:30 PM. No specific form is legally required under Delaware FOIA. Any written request that clearly describes the records you are seeking and includes your contact information is sufficient. If you do not receive a receipt acknowledging your request via email within one business day of submission, the Town's FOIA page advises calling Town Hall at (302) 934-8171 to confirm receipt.

What to Include in Your Request

• Your full name and contact information (mailing address, phone number, and/or email address)
• A clear, specific description of the records you are requesting — include document type, subject matter, relevant date range, and the town department most likely to hold the records
• Your preferred format for receiving records (electronic PDF, paper copies, or in-person inspection)
• A statement invoking the Delaware Freedom of Information Act, 29 Del. C. §§ 10001–10008
• A fee threshold statement — ask to be notified before fees exceed a certain amount (e.g., $25) so you can decide whether to proceed
• A request for an itemized fee estimate before production if the request may involve significant staff time or copying costs
• If applicable, a note that you are a Delaware citizen, as FOIA access is formally limited to Delaware residents

Response Deadlines and What to Expect

Under 29 Del. C. § 10003(h), the Town of Millsboro must respond to your FOIA request as soon as possible, and in any event within 15 business days of receiving it. Business days exclude weekends, state and federal holidays, and other days when Town Hall is closed. The Town's own FOIA page advises that if you do not receive an acknowledgment of receipt within one full business day of submission, you should call Town Hall at (302) 934-8171 to confirm.

A valid response within the 15 business day window must do one of three things: (1) provide access to the requested records; (2) deny access in whole or in part with a specific written explanation citing the applicable statutory exemption under 29 Del. C. § 10002(o); 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 deadline expires. Silence does not constitute an acceptable response — if no communication arrives within 15 business days, treat it as a constructive denial and consider escalating.

For fees, the Town of Millsboro publishes the following schedule on its FOIA page: the first 20 pages of standard black-and-white copies are provided at no charge; additional pages cost $0.10 each; there is no charge for the first hour of administrative time; and fees for copies of tapes, photographs, or other records not subject to photocopying are assessed at the actual cost of reproduction. The Town must provide an itemized cost estimate before incurring any charges above these thresholds, giving you the opportunity to modify or cancel your request.

What to Do If Your Request Is Denied or Delayed

If the Town of Millsboro denies your FOIA request, fails to respond within 15 business days, or provides only a partial response, you have meaningful legal tools to push back. Here is how to proceed.

First, read the denial carefully. Under 29 Del. C. § 10003(h)(2), any denial must cite the specific statutory exemption being invoked. Delaware FOIA lists exemptions at 29 Del. C. § 10002(o), and they must be applied narrowly. Vague or conclusory denials — such as "this information is confidential" without a specific exemption — are legally insufficient. Evaluate whether the cited exemption actually applies to the records you requested.

Second, try informal resolution. Contact the Town's FOIA Coordinator at Town Hall — by phone at (302) 934-8171 or by email at [email protected] — to clarify your request, narrow its scope, or discuss the denial. Many disputes resolve at this stage without formal escalation.

If informal contact does not resolve the issue, Delaware gives you two formal escalation paths under 29 Del. C. § 10005. First, you may petition the Delaware Attorney General's Open Government section for a free written determination of whether a FOIA violation has occurred. Submit your petition by email to [email protected], describing the alleged violation and attaching your original request and the Town's response. The AG must issue a written determination within 20 days. Second, you may file suit in Delaware Superior Court within 60 days of the denial under 29 Del. C. § 10005(b). In any court action, the burden of proof is on the Town — not on you — to justify the denial. A prevailing plaintiff may recover attorney fees and costs; the Town may only recover fees if the court finds your action was frivolous or brought solely for harassment under 29 Del. C. § 10005(d).

Steps to Appeal

1. Review the denial letter carefully: it must cite a specific statutory exemption under 29 Del. C. § 10002(o). A denial lacking a specific legal basis is itself a potential FOIA violation.
2. Contact the Town of Millsboro FOIA Coordinator at (302) 934-8171 or [email protected] to seek clarification, narrow the scope of your request, or attempt informal resolution.
3. If the Town has not responded within 15 business days, send a written follow-up citing 29 Del. C. § 10003(h) and the date your request was received. Document all correspondence.
4. File a written petition with the Delaware Attorney General's Open Government section at [email protected] under 29 Del. C. § 10005(e), describing the alleged FOIA violation and attaching your original request, the Town's response (or evidence of non-response), and any supporting documents.
5. The AG must issue a written determination within 20 days of receiving your petition. If the AG finds a violation, the Town must comply — or risk being the subject of an AG-initiated lawsuit.
6. If the AG's determination is unsatisfactory, or if the Town fails to comply, file suit in Delaware Superior Court within 60 days of the original denial under 29 Del. C. § 10005(b). Venue in Sussex County is appropriate for records held by the Town of Millsboro.
7. If you prevail in court, seek an award of attorney fees and litigation costs under 29 Del. C. § 10005(d). The Town can only recover fees from you if the court finds your action was frivolous or brought solely for harassment — the standard is asymmetric and protective of requesters.

Types of Records You Can Request from Millsboro, Delaware

As a growing municipality providing a full range of public services — including police, water and sewer systems, zoning, and public works — the Town of Millsboro generates and retains a broad range of public records. The following are common categories of records available under the Delaware FOIA.

• Town Council meeting minutes, agendas, and voting records
• Municipal budget documents, financial reports, and annual audits
• Contracts and agreements between the Town and vendors, developers, or service providers
• Building permits, code enforcement inspection reports, and certificates of occupancy
• Zoning applications, variance requests, and planning board decisions
• Annexation petitions, boundary change documents, and related impact fee records
• Town Manager correspondence and official communications related to public business
• Millsboro Police Department incident reports and calls-for-service data (non-exempt portions)
• Water and sewer system records, infrastructure project documents, and service agreements
• Public works bids, construction contracts, and project cost records
• Town employee salary schedules and personnel policies (excluding individual personnel files)
• Town election records and candidate filing documents
• Environmental compliance reports and stormwater management records
• Grant applications and state or federal funding documentation received by the Town
• Property tax records and assessment data maintained by the Town

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

Tips for Effective Public Records Requests in Millsboro