How to File a Public Records Request in Milton, 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 principle that public business must be performed openly so that citizens can observe officials and monitor decisions. It guarantees any Delaware citizen the right to inspect and copy public records held by state agencies, counties, municipalities, and most public bodies created by the General Assembly — including the Town of Milton.

A "public record" is broadly defined as any information of any kind — in any format, whether paper, email, spreadsheet, database, or otherwise — that is owned, made, used, retained, received, produced, or compiled by a public body and relates in any way to public business or public purposes. This includes town council meeting minutes, contracts, permits, budgets, correspondence of town officials, zoning decisions, police incident reports, inspection records, and ordinances.

Key exemptions under 29 Del. C. § 10002(o) include personnel and medical files whose disclosure would invade personal privacy; law enforcement investigatory records compiled for civil or criminal purposes; attorney-client privileged communications; trade secrets; and records pertaining to pending or potential litigation. Exemptions must be applied narrowly. Critically, under 29 Del. C. § 10005(c), the burden of proof to justify withholding any record rests squarely on the Town — not on the requester. Requesters are not required to state a reason for seeking records.

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 Milton

How to Submit Your Request

The Town of Milton accepts FOIA requests through a dedicated online form at milton.delaware.gov/foia-request/, which is the most efficient method and creates a written record of your submission. You may also submit a written request by email to [email protected], by fax to (302) 684-8999, by mail to 115 Federal Street, Milton, DE 19968, or in person at Town Hall during regular business hours, Monday through Friday, 8:30 AM to 5:00 PM. Under 29 Del. C. § 10003(f), all FOIA requests must be in writing. No specific form is legally required — any written request that clearly describes the records you are seeking and includes your contact information is sufficient. The Town Manager serves as the primary administrator for records matters. Be as specific as possible about the type of record, relevant dates, departments, and subject matter to help Town staff locate the records efficiently. You do not need to explain why you are requesting the records.

What to Include in Your Request

• Your full name and mailing address (required to establish Delaware citizenship status under 29 Del. C. § 10001)
• A phone number or email address for follow-up contact
• A clear and specific description of the records sought, including document type, subject matter, relevant date range, and the department most likely to hold them
• Your preferred format for receiving records (electronic PDF, paper copies, or in-person inspection at Town Hall)
• A citation to the Delaware Freedom of Information Act, 29 Del. C. §§ 10001–10008, to formally invoke your FOIA rights
• A fee threshold statement asking to be notified before fees exceed a specified amount (e.g., $25) so you can decide whether to proceed
• If any portion of your request may be denied, a request that the Town identify the specific exemption relied upon and produce all non-exempt portions

Response Deadlines and What to Expect

Under 29 Del. C. § 10003(h), the Town of Milton 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 days when Town Hall is closed.

A valid response within that window must do one of three things: (1) provide access to the requested records; (2) deny access in whole or in part, with a written explanation citing the specific statutory exemption relied upon 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. Any extension notice must be provided before the 15-day deadline expires and must include a good-faith estimate of when production will occur.

A "response" does not always mean the records will be delivered within 15 business days — it means the Town must acknowledge your request and indicate its intended course of action within that window.

Note that Delaware FOIA formally limits access to Delaware citizens under 29 Del. C. § 10001. Non-residents do not have the same statutory right, though many agencies process out-of-state requests voluntarily.

For fees, the Town of Milton's FY2026 Fee Schedule confirms that FOIA copy fees follow the standard state schedule: the first 20 pages of standard-sized, black-and-white copies are provided at no charge under 29 Del. C. § 10003(m); additional pages cost $0.10 per single-sided sheet or $0.20 per double-sided sheet. Administrative fees for staff time exceeding one hour may also apply, billed at the rate of the lowest-paid employee capable of the work, in quarter-hour increments — but not for time spent on legal review of exemptions. Faxed copies cost $1.00 per page per the Town's current fee schedule. The Town must provide a written cost estimate before incurring any fees, giving you the opportunity to modify or cancel your request.

What to Do If Your Request Is Denied or Delayed

If the Town of Milton denies your FOIA request, fails to respond within 15 business days, or provides only a partial response, you have meaningful remedies under Delaware law — and the burden is firmly on the Town, not on you.

Start by reading any denial carefully. The Town is required by 29 Del. C. § 10003(h)(2) to cite the specific statutory exemption under 29 Del. C. § 10002(o) that justifies withholding records. A vague denial — one that says only that a record is "confidential" or "not releasable" without identifying the applicable exemption — does not satisfy the legal standard and may itself constitute a FOIA violation. If only part of a document is withheld, the Town must produce all non-exempt portions.

If the denial seems improper, or if the Town simply has not responded after 15 business days, try contacting the Town Manager's Office at (302) 684-4110. Small town staffing sometimes results in processing delays that are administrative rather than intentional. A polite, written follow-up citing the statutory deadline often resolves these situations quickly. Document all contact — dates, names, and the substance of any conversation.

If informal contact does not resolve the issue, Delaware law provides two formal escalation paths. First, any Delaware citizen may file a free written petition with the Delaware Attorney General's Open Government section under 29 Del. C. § 10005(e). The AG will notify both parties and issue a written determination within 20 days of receiving the petition. Submit petitions by email to [email protected]. AG opinions are publicly published and carry significant weight — many towns respond promptly once a formal AG review begins.

Second, you may file suit in Delaware Superior Court within 60 days of the denial under 29 Del. C. § 10005(b). In any court proceeding, the burden of proof rests on the Town to justify the denial. If you prevail, a court may award attorney fees and costs. A fee award against the plaintiff is only available upon a court finding that the action was frivolous or brought solely for harassment — a high bar designed to protect good-faith requesters.

Steps to Appeal

1. Review the denial carefully and verify that the Town cited a specific exemption under 29 Del. C. § 10002(o); a denial lacking a specific legal basis is itself a potential FOIA violation.
2. Contact the Town Manager's Office at (302) 684-4110 or [email protected] to seek clarification, narrow the scope of your request, or attempt informal resolution; document all contacts with dates and details.
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; treat non-response as a constructive denial.
4. File a written petition with the Delaware Attorney General's Open Government section at [email protected], describing the alleged FOIA violation and attaching your original request and the Town's response (or documentation of non-response), pursuant to 29 Del. C. § 10005(e).
5. Await the AG's written determination, which must be issued within 20 days of receiving your petition; if the AG finds a violation, the Town must comply or risk AG-initiated litigation.
6. If the AG's determination is unsatisfactory or the Town fails to comply, file suit in Delaware Superior Court (Sussex County) within 60 days of the original denial under 29 Del. C. § 10005(b).
7. If you prevail in court, seek an award of attorney fees and litigation costs under 29 Del. C. § 10005(d); the Town may 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 good-faith requesters.

Types of Records You Can Request from Milton, Delaware

The Town of Milton manages a broad range of municipal functions — including its own police department, water and sewer utilities, planning and code enforcement, parks and recreation, and public works. Most records generated in carrying out these functions are presumptively public under the Delaware FOIA. The following are common categories of records available from the Town.

• Town Council meeting minutes, agendas, and voting records
• Town budget documents, financial reports, and annual audits
• Municipal contracts, vendor agreements, and procurement records
• Building permits, inspection reports, and certificates of occupancy
• Zoning applications, variance requests, and Planning and Zoning Commission decisions
• Annexation petitions, boundary change documents, and related impact studies
• Code enforcement complaints, violation notices, and abatement records
• Milton Police Department incident reports and calls-for-service logs (non-exempt portions)
• Water and sewer utility records, infrastructure project documents, and connection fee schedules
• Public works bids, construction contracts, and project cost records (including water tower projects)
• Historic Preservation Commission and Board of Adjustment applications and decisions
• Town employee salary schedules and compensation policies (excluding individual personnel files)
• Town ordinances, resolutions, and municipal code amendments
• Grant applications and state or federal funding documentation received by the Town
• Mayor and Town Council official correspondence related to public business

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

Tips for Effective Public Records Requests in Milton