Delaware

Delaware FOIA

Formally: Delaware Freedom of Information Act (Open Meetings)

Del. Code Ann. tit. 29, §§ 10001–10007

Read the statute →

Sunshine Score: 66/100 (good)
66/100

Sunshine Score

66/100
Limited
Methodology v0.1
Advance Notice 7 days, online posting required
Public Comment Not required, remote allowed, written accepted
Closed Sessions 7 permitted categories
Minutes Required, online posting required
Recording Required
Remote Participation Allowed
Enforcement Voidable, legislature exempt

Agenda & Notice Requirements

Regular Meetings
7 days
Special Meetings
1 day
Emergency Meetings
0 hours

Online posting: Required

Post notice at least 7 days before regular meetings; at least 24 hours for special meetings; agenda must be added at least 6 hours before meeting if not included in initial notice

Agenda changes at meeting: Allowed — majority vote

Public Participation

Public Comment
Not required
Written Comment
Allowed

Delaware Freedom of Information Act (29 Del. C. ch. 100) does not mandate a public comment period at open meetings. Public bodies permit comment at their discretion. General Assembly sessions are governed by separate legislative chamber rules.

Virtual Meetings

Member Remote Participation
Allowed
Counts Toward Quorum
Yes
Public Remote Comment
Allowed

Allowed under 29 Del. C. § 10006A; virtual meeting participants count toward quorum with full legal effect. Chair may permit public comment via electronic means. Governor may authorize full virtual meetings during public health emergencies.

Closed Sessions

Closed (executive) sessions: Allowed under specific circumstances

Permitted Categories

Meeting Minutes

Minutes Required
Yes
Publication Deadline
7 days

Online posting: Required

Content requirements: date, time, place, members attending, all actions taken, all votes with individual member votes (29 Del. C. § 10004(f))

Recording & Broadcast

Recording Required
Yes
Broadcast Required
No

Enforcement

Violation Effect
Voidable
Max Civil Penalty
$100
Standing to Sue
Any citizen, Attorney General
Enforcement Body
Court of Chancery, Attorney General

Scope

This law applies to:

  • City
  • County
  • School District
  • Special District

Legislature: Exempt (follows own rules)

Accessibility & Language Access

ADA accessibility: ADA Title II applies to all public meetings. The state statute does not add requirements beyond federal law; reasonable accommodations must be provided on request.

Language access: No statutory language-access mandate beyond federal Civil Rights Act Title VI obligations for recipients of federal funds.

Sources & References

← Back to Open Meetings & Public Notice Laws

The specific rules for Delaware may differ from this general description. Consult the full statute for details.