How to File a Public Records Request in Selbyville, 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), was first enacted in 1977 on the principle that public business must be performed openly and that citizens must have easy access to public records for democracy to function. The law guarantees any Delaware citizen the right to inspect and copy records held by any public body — including municipalities like the Town of Selbyville.

A "public record" is broadly defined as any information of any kind — in any format — owned, made, used, retained, received, produced, or compiled by a public body that relates in any way to public business or public purposes. This encompasses town council meeting minutes, contracts, building permits, budgets, emails sent or received by town officials on public business, zoning records, inspection reports, and utility-related documents.

Key exemptions 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; and records related to pending or potential litigation. Exemptions must be narrowly construed. Critically, under 29 Del. C. § 10005(c), the burden of proof to justify withholding any record rests on the Town — not on the person making the request. 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 Town of Selbyville

How to Submit Your Request

The Town of Selbyville provides an online FOIA request form at selbyville.delaware.gov/foia-form/, which is the simplest way to submit a request. You may also submit a written request by email to [email protected], by fax to (302) 436-8018, by mail to 1 West Church Street, P.O. Box 106, Selbyville, DE 19975, or in person at Town Hall 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 adequately describes the records sought and includes your contact information is sufficient. All requests are handled by FOIA Coordinator Stacey Long, who also serves as the Town Administrator. Be as specific as possible when describing the records you are requesting to help Town staff locate them efficiently. You do not need to state a reason for your request.

What to Include in Your Request

• Your full name and mailing address (required to establish Delaware citizenship under 29 Del. C. § 10001)
• A phone number or email address for follow-up contact
• A clear and specific description of the records requested, including relevant dates, subject matter, and document types
• The department or function most likely to hold the records (e.g., Public Works, Police, Administration)
• Your preferred format for receiving records (electronic PDF, paper copies, or in-person inspection)
• A fee threshold above which you would like to be notified before the Town proceeds (e.g., 'Please contact me if fees will exceed $25')
• A citation to the Delaware Freedom of Information Act, 29 Del. C. §§ 10001–10008, to formally invoke your FOIA rights

Response Deadlines and What to Expect

Under 29 Del. C. § 10003(h), the Town of Selbyville must respond to your FOIA request as soon as possible, and in any event within 15 business days of receipt. Business days do not include weekends, state and federal holidays, or 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 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.

If the Town cannot fulfill the request within 15 business days, it must identify one of those specific grounds and provide a good-faith written estimate of when production will be completed. This is not an open-ended extension — the Town must still act promptly.

Note that Delaware's FOIA limits requesters 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. If you are a Delaware resident, the 15 business day deadline applies fully.

For fees, the first 20 pages of standard black-and-white copies are provided free under 29 Del. C. § 10003(m). Copies beyond 20 pages are $0.10 per single-sided sheet ($0.20 double-sided). Administrative fees may be charged for staff time exceeding one hour spent on identifying or retrieving records — 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. The Town must provide a written itemized cost estimate before incurring any charges, and you may modify or cancel your request after reviewing it.

What to Do If Your Request Is Denied or Delayed

If the Town of Selbyville denies your FOIA request, fails to respond within 15 business days, or provides only a partial response, you have meaningful remedies under Delaware law. Here is what to do.

First, read the denial carefully. The Town is required by 29 Del. C. § 10003(h)(2) to identify the specific statutory exemption under 29 Del. C. § 10002(o) that justifies withholding records. A vague or conclusory denial — one that does not cite a specific exemption or fails to address all responsive records — does not meet the legal standard. If the Town withholds only part of a record, it should still provide all non-exempt portions.

If the denial seems incorrect, or if you received no response within 15 business days, try contacting FOIA Coordinator Stacey Long directly at (302) 436-8314 or [email protected]. For a small town with limited administrative staff, a polite follow-up call or email can often resolve a delay or miscommunication quickly. Keep a written record of all contact.

If informal resolution fails, Delaware provides two formal avenues. First, under 29 Del. C. § 10005(e), any Delaware citizen may petition the Delaware Attorney General's Open Government section at [email protected] for a written determination of whether a FOIA violation occurred. The AG will notify both parties and issue a written decision within 20 days. This is a free process and often results in disclosure without further litigation.

If the AG determines a violation occurred and the Town still refuses to comply, or if you prefer to proceed directly, you may file suit in Delaware Superior Court within 60 days of the denial under 29 Del. C. § 10005(b). The burden of proof remains on the Town to justify its denial. If you prevail, the court may award attorney fees and costs. Fees against the plaintiff are available only upon a court finding that the action was frivolous or brought solely for harassment — that standard is not symmetric.

Steps to Appeal

1. Review the written denial carefully and identify the specific exemption cited under 29 Del. C. § 10002(o); a denial that lacks a specific exemption citation may itself constitute a FOIA violation.
2. Contact FOIA Coordinator Stacey Long directly at (302) 436-8314 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 original request was received, and treat silence 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 the AG must issue within 20 days. If the AG finds a violation, the Town must comply, or you may proceed to court.
6. File suit in Delaware Superior Court within 60 days of the denial under 29 Del. C. § 10005(b); venue is proper in Sussex County where Selbyville is located.
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 if the court finds your action was frivolous or brought solely for harassment.

Types of Records You Can Request from Selbyville, Delaware

The Town of Selbyville operates a full range of municipal services — including water and sewer utilities, police services, public works, zoning and permitting, and town governance — and generates a wide variety of public records in the process. The following are common record types available to citizens under the Delaware FOIA.

• 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, zoning applications, and variance approvals
• Code enforcement complaints, inspection records, and violation notices
• Planning and Zoning Commission records, decisions, and staff reports
• Police Department incident reports and calls-for-service logs (subject to law enforcement exemptions)
• Water and sewer utility records, rate schedules, infrastructure reports, and water quality reports
• Public works project documents, contractor bids, and maintenance records
• Town ordinances, resolutions, and municipal code amendments
• Town Administrator and Mayor correspondence related to public business
• Business license and rental license applications and approvals
• Town election records and voter registration data
• Grant applications, federal and state funding documentation, and related expenditure records
• Town employee salary schedules and compensation policies (excluding individual personnel files)

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

Tips for Effective Public Records Requests in Selbyville