26-IB48 8/10/26 FOIA Opinion Letter to Ken Grant re: City of Wilmington

RE:     FOIA Petition Regarding the City of Wilmington

We write in response to your correspondence 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 violated FOIA by failing to meet Section 10003’s requirements when the City needed additional time to fulfill your request.  The remaining claims regarding the City’s failure to meet its burden of proof in its response to your request are without merit.

On June 12, 2026, you submitted a FOIA request to the City seeking all documents, including emails with attachments, memoranda, and other records with one of the listed keywords, including “SSAM,” “Episcopal Church of Saints Andrew and Matthew,” “Saints Andrew and Matthew,” “Rev. Burke,” “Patrick Burke,” “8th and Orange,” “8th and Shipley,” and “100 block of 8th street.”[1]  On July 8, 2026, the City responded that it had reviewed its files and located responsive records; it produced two documents.  In addition, the City stated that some responsive documents have been withheld pursuant to attorney-client privilege as permitted by Section 10002(o)(6). In addition, the City stated that it “may provide further records as staff members return from leaves of absence and are able to conduct searches of their correspondence for the period of your request.”[2]  This Petition followed.