Delaware public bodies would follow rules for records and meetings

A public body would have to explain why releasing an investigative file could cause a listed harm before withholding it under this exception. This applies to files gathered for civil or criminal law enforcement, including files about pending investigations. The public body must state its finding and explain its reasons in its response to the records request. The listed harms include interfering with enforcement, harming a fair trial, invading privacy, revealing a confidential source, exposing investigative methods, or endangering someone.

A public body would respond to a records request by providing access, denying it, providing part of a record, or explaining why it needs more time. The rules apply to records requests made to a public body. A public body could deny an overly broad, unduly burdensome, disruptive, or abusive request, but it must explain the facts behind that denial. If asked, the body would provide electronic records in their original format when possible and make paper or non-searchable records searchable, unless listed practical or legal limits apply. A public body would respond within 10 business days after receiving a request. It could ask for more time when a request involves many records, needs legal advice, or seeks records in storage or an archive.

A public body would include time for public comment at an open meeting and could set reasonable limits on comments. This covers public bodies, except General Assembly bodies governed by their constitutional rules. Comment time must give the public a meaningful chance to speak. A public body could still close a session for listed reasons, such as discussing certain personnel matters or litigation strategy.

A public body could charge a nonresident more than a resident for fulfilling a records request. This applies only if the public body adopts a fee schedule for nonresidents in its FOIA policy. The fee could not exceed 150% of the cost to fulfill the request for a Delaware resident. A public body could not charge administrative fees for qualifying news, education, or research requests when the request is not commercial and disclosure would help the public understand the body's work.

A person could ask the Attorney General to review an alleged violation or file a lawsuit without first petitioning the Attorney General. These options apply to people alleging that a public body failed to follow the chapter. Attorney General and Chief Deputy decisions would be advisory and could not be appealed. A court could order listed remedies and reasonable legal fees, but could not award monetary damages under this section. A petition must reach the Attorney General within 120 calendar days of the alleged conduct. A lawsuit generally must be filed within 120 calendar days of that conduct; after a petition, the deadline may extend to 30 days after the written decision if that is later.