How to File a Public Records Request in Wilmington, 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. It establishes that citizens have the right to inspect and copy the public records of state and local government bodies, declaring it vital in a democratic society that public business be conducted in an open and public manner.

A "public record" is broadly defined as any information of any kind — regardless of physical form or characteristic — owned, made, used, retained, received, produced, drafted, or otherwise collected by any public body that relates in any way to public business, public interest, or public purposes. This encompasses paper documents, electronic files, emails, permits, meeting minutes, contracts, financial records, and databases.

Key exemptions include personnel, medical, and pupil files the disclosure of which would constitute an invasion of personal privacy; investigatory files compiled for civil or criminal law-enforcement purposes; trade secrets; attorney-client privileged materials; and records of the Delaware General Assembly. Under Delaware case law, exemptions are construed narrowly. The burden falls on the public body to justify withholding — not on the requester to prove entitlement.

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 Wilmington

How to Submit Your Request

The City of Wilmington handles public records requests through a dedicated GovQA online portal, accessible from the Law Department's page at wilmingtonde.gov. To submit a request, visit the portal link on the city website, create a free account, and complete the online form describing the records you seek. The portal allows you to track your request, receive notifications, and download responsive records electronically. If you prefer not to use the online portal, you may submit a written request by mail or deliver it in person to the Law Department at the Louis L. Redding City/County Building, 800 N. French Street, Wilmington, DE 19801. Requests to the City Council should be directed to the Council's own FOIA coordinator at the same building, 9th Floor. No specific form is legally required — any written request that adequately describes the records sought and provides your contact information will suffice.

What to Include in Your Request

• Your full name, mailing address, and preferred contact information (phone or email)
• A clear and specific description of the records you are seeking (type of record, subject matter, date range, parties involved)
• The department or office you believe holds the records
• Your preferred format for receiving records (electronic PDF, paper copies, etc.)
• A statement of your fee preference — whether you want to be notified before fees exceed a certain amount or wish to request a fee waiver
• A reference to the Delaware Freedom of Information Act, 29 Del. C. Chapter 100, as the legal basis for your request
• If submitting by mail or in person, your signature

Response Deadlines and What to Expect

Under 29 Del. C. § 10003(h), the City of Wilmington must respond to your FOIA request as soon as possible, and in any event within 15 business days of receiving it. The response must do one of three things: (1) provide access to the requested records; (2) deny access in whole or in part, with the reasons stated; or (3) advise that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived.

If the City cannot fulfill the request within 15 business days, it must cite one of those permitted reasons and provide a good-faith estimate of how much additional time will be required. There is no hard statutory cap on extensions, but the good-faith estimate requirement provides a degree of accountability.

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

Fees may apply. Before incurring administrative charges (staff time to retrieve records), the City must provide you with an itemized written cost estimate. Photocopying fees, administrative time, and electronic media costs may all be charged. You may choose to proceed, modify, or cancel the request after receiving the estimate. The first 20 pages of microfilm/microfiche copies are free; additional pages are $0.15 per sheet under 29 Del. C. § 10003(m).

What to Do If Your Request Is Denied or Delayed

If your request is denied — in whole or in part — the City of Wilmington is required by 29 Del. C. § 10003(h)(2) to provide the specific reason for the denial, including the applicable exemption under § 10002(o). Read this explanation carefully: sometimes agencies invoke broad or inapplicable exemptions, and a well-reasoned follow-up can resolve the issue without formal escalation.

If you believe the denial is improper, your primary formal remedy is to petition the Delaware Attorney General's Open Government section. The petition must be in writing and must describe how the City violated or is about to violate FOIA, along with all supporting documents — including your original request and the City's response. Petitions can be submitted by email to [email protected]. The AG's office will review the submission and issue a written determination to both parties.

If you are still unsatisfied after the AG's determination, or if the City simply fails to respond within 15 business days, you have the right to file suit in Delaware Superior Court. Under 29 Del. C. § 10005(b), you must file within 60 days of the denial. If you prevail, the court has discretion to award attorney's fees and costs. Conversely, a court may award fees to the City only if it finds your action was frivolous or brought solely to harass.

Don't overlook informal options first: contact the City's FOIA Coordinator directly to clarify your request or negotiate a narrower scope. Many disputes are resolved without formal action.

Steps to Appeal

1. Review the denial letter carefully and identify the specific exemption cited under 29 Del. C. § 10002(o).
2. Contact the City of Wilmington Law Department (FOIA Coordinator) informally to clarify your request, narrow its scope, or challenge the applicability of the cited exemption.
3. Submit a written petition to the Delaware Attorney General's Open Government section at [email protected], describing the alleged FOIA violation and attaching your original request and the City's response.
4. Await the AG's written determination, which is typically issued after both parties have had an opportunity to respond. The AG may find a violation and direct the City to disclose records.
5. If the AG's determination is unsatisfactory, or if the City fails to comply, file suit in Delaware Superior Court within 60 days of the original denial under 29 Del. C. § 10005(b).
6. If you prevail in court, request that the court award attorney's fees and litigation costs — available to successful requesters under 29 Del. C. § 10005(c). Note: fees are awarded to a prevailing defendant only upon a finding that the action was frivolous or brought solely for harassment.
7. If no response is received within 15 business days, treat the non-response as a constructive denial and begin the escalation process from step 2.

Types of Records You Can Request from Wilmington, Delaware

As Delaware's largest city and seat of New Castle County, Wilmington generates a wide range of public records across municipal operations, public safety, land use, and finance. The following types of records are available to citizens under the Delaware FOIA.

• City Council meeting minutes, agendas, and resolutions
• Mayor's Office correspondence and executive communications
• City budget documents, financial audits, and expenditure reports
• Contracts and procurement records for city vendors and service providers
• Building permits, zoning variance applications, and inspection reports
• Police incident reports and use-of-force records (subject to applicable law-enforcement exemptions)
• Code enforcement complaints and violation notices
• Property assessment records and tax lien documentation
• City employee salary and payroll data (excluding personnel files protected by privacy exemptions)
• Environmental and infrastructure reports (water, sewer, public works)
• Grants received by the City and related expenditure documentation
• Planning commission applications, development approvals, and community impact assessments
• Settlement agreements and litigation-related records (excluding attorney-client privileged materials)
• Emergency management plans and public safety protocols

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

Tips for Effective Public Records Requests in Wilmington