26-IB52 9/4/26 FOIA Opinion Letter to Dr. Amy Roe, DELCOG re: City of Wilmington

Dr. Amy Roe, Vice President
Delaware Coalition for Open Government
[email protected]

RE:     FOIA Petition Regarding the City of Wilmington

We write in response to your correspondence, on behalf of the Delaware Coalition for Open Government, alleging that the City of Wilmington violated Delaware’s Freedom of Information Act, 29 Del. C. §§ 10001-10008 (“FOIA”).  We treat your correspondence as a Petition for a determination pursuant to 29 Del. C. § 10005 of whether a violation of FOIA has occurred or is about to occur.  For the reasons set forth below, we determine that the City did not violate FOIA by failing to have the FOIA request form published on its website.

On August 4, 2026, you emailed the City of Wilmington’s FOIA contact with the police department.  You stated that you did not see a FOIA request form on the City’s website which would allow you to submit a FOIA request and asked how to access this form.  This Petition followed, in which you object to the lack of FOIA request form on the City’s website.  You assert that a FOIA request form is required so requesting parties can submit a request by U.S. mail, email, or fax.  As evidence of your claim, you point to the language in Section 10003(f) stating that requests shall be made in writing by U.S. mail, email, fax, or online and “[c]opies of the FOIA request form may be obtained from the website of any state agency, school district, or other public body.”