Delaware
Delaware FOIA
Formally: Delaware Freedom of Information Act (Open Meetings)
Del. Code Ann. tit. 29, §§ 10001–10007
Sunshine Score
| 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
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
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
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
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
Enforcement
Scope
This law applies to:
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.