How to File a Public Records Request in Newark, Delaware

What Is the Delaware Freedom of Information Act?

The Delaware Freedom of Information Act (FOIA), 29 Del. C. §§ 10001–10008, was first enacted in 1977 and stands on a clear civic principle: it is vital in a democratic society that public business be performed in an open manner and that citizens have easy access to public records. The law guarantees any Delaware citizen the right to inspect and obtain copies of records held by public bodies, including municipalities like the City of Newark.

Public records are broadly defined as any information — in any format — owned, made, used, retained, received, produced, or compiled by a public body relating to public business or public purposes. This includes meeting minutes, city contracts, permits, emails sent or received by city officials, budget documents, ordinances, and police-related records not covered by law enforcement exemptions.

Key exemptions include personnel and medical files whose disclosure would invade personal privacy; investigatory files compiled for law enforcement purposes; records of ongoing or potential litigation; attorney-client privileged communications; and records of properly closed executive sessions. Critically, the burden of proof rests on the agency — not the requester — to justify withholding any record under 29 Del. C. § 10005(c). 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 Newark

How to Submit Your Request

The City of Newark accepts FOIA requests through its official records request portal at newarkde.gov/909/Record-Requests. Requesters may fill out the City's FOIA request form online and submit it directly to the City Secretary's Office, which serves as the City's designated FOIA Coordinator. You may also submit a request by email to [email protected], by mail, or in person at the Newark Municipal Building, 220 South Main Street. The City Secretary's Office is open Monday through Friday, 8:30 AM to 5:00 PM. All requests should be in writing and describe the records sought with enough specificity to allow city staff to locate them. You do not need to explain why you are requesting the records.

Download Required Form

What to Include in Your Request

• Your full name and contact information (mailing address, phone, or email)
• A clear description of the records you are seeking, including relevant dates, names, or subject matter
• 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 request for a fee estimate before production if costs may be significant
• Your preferred method of delivery (email, mail, or in-person pickup)
• The approximate time period covered by the records you are requesting

Response Deadlines and What to Expect

Under the Delaware Freedom of Information Act and the City of Newark's FOIA Policy, the City must respond to a FOIA request within 15 business days of receipt, as required by 29 Del. C. § 10003. That response must take one of three forms: (1) providing access to the requested records; (2) denying the request in whole or in part with the specific legal reason cited in writing; or (3) advising the requester that additional time is needed and providing a good-faith estimate of when fulfillment will occur.

Extensions are permitted when a request involves voluminous records, requires legal review, or the records are in storage or archived. The City must clearly state which of these reasons applies and give a realistic timeline. This is not a blank check for indefinite delay — the City must still act in good faith.

Note that Delaware's FOIA is generally limited to citizens of Delaware. Non-residents do not have the same statutory right to request records, though many agencies process out-of-state requests voluntarily. If you are a Delaware resident, the 15 business day deadline applies fully.

For copying fees, the first 20 pages of standard black-and-white copies are free under 29 Del. C. § 10003(m). Pages beyond 20 cost $0.10 per single-sided sheet. Color copies add $1.00 per page. In-person inspection of records during business hours is typically free. If your request may generate significant fees, ask for an estimate before production begins.

What to Do If Your Request Is Denied or Delayed

Receiving a denial — or hearing nothing at all — can be frustrating, but Delaware law gives you meaningful tools to push back. Here is what to do.

First, read the denial carefully. Under the City of Newark's FOIA Policy and 29 Del. C. § 10003, any denial must state the specific legal reason for withholding. If the City cites an exemption under 29 Del. C. § 10002(o), evaluate whether that exemption actually applies to what you requested. Many denials are overly broad or rely on exemptions that don't fit the records at issue.

If the denial seems incorrect or the City has not responded within 15 business days, contact the City Secretary's Office directly. Politely note the statutory deadline and ask for a status update. Sometimes a follow-up call or email resolves the issue quickly.

If informal contact doesn't resolve the problem, you have two formal options under 29 Del. C. § 10005. First, you may petition the Delaware Attorney General's Office, which will issue a written determination within 20 days on whether a FOIA violation has occurred. The AG's FOIA opinions are publicly available and carry significant weight. Second, you may file suit in Superior Court (for records access) or the Court of Chancery (for injunctive relief) within 60 days of the denial.

Importantly, the burden of proof is on the City, not you. Under 29 Del. C. § 10005(c), the City must justify its denial. If it prevails in court, a court may award you attorney's fees; the City can only recover fees if a court finds your lawsuit was frivolous or brought solely for harassment.

Steps to Appeal

1. Review the written denial for the specific exemption cited and assess whether it plausibly applies to your request.
2. Contact the City Secretary's Office (FOIA Coordinator) directly by phone at (302) 366-7000 or email at [email protected] to seek clarification or informal resolution.
3. If the City has not responded within 15 business days, send a written follow-up citing 29 Del. C. § 10003 and the date your request was received.
4. File a petition with the Delaware Attorney General's Office under 29 Del. C. § 10005(e), requesting a written determination of whether a FOIA violation has occurred; the AG must respond within 20 days.
5. If the AG finds a violation, request that the Attorney General file suit on your behalf, or proceed with your own legal action.
6. File suit in Delaware Superior Court (for records access) within 60 days of the denial under 29 Del. C. § 10005(b); venue is proper in New Castle County where Newark is located.
7. If you prevail in court, seek an award of attorney's fees and costs under 29 Del. C. § 10005(d); note that fees are awarded to a prevailing defendant only upon a court finding that your suit was frivolous or brought for harassment.

Types of Records You Can Request from Newark, Delaware

The City of Newark manages a broad range of government functions — from its own electric utility and water system to police operations, zoning, and city contracting. Most records generated in carrying out these functions are public. Below are common categories requesters seek from Newark city government.

• City Council meeting minutes, agendas, and voting records
• City contracts, vendor agreements, and procurement documents
• Building permits, zoning variances, and code enforcement inspection reports
• Newark Police Department incident reports and use-of-force records (non-exempt portions)
• City budget documents, audited financial statements, and expenditure records
• Emails and correspondence between city officials on public business
• City ordinances, resolutions, and municipal code amendments
• Electric utility rate studies, energy contracts, and infrastructure records
• Public works project documents, engineering reports, and construction contracts
• Environmental records including water quality reports and stormwater compliance filings
• Employee salary and compensation data (aggregate or positional records, excluding personnel files)
• City property records, easements, and rights-of-way documentation
• Planning and zoning commission records, development applications, and site plans
• Grant applications and federal/state funding agreements received by the City
• Alderman's Court dockets and case disposition records

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

Tips for Effective Public Records Requests in Newark