--- title: AG FOIA Appeal — City of Newark Blanket Denial, May 1 Bus Accident Records recipient: Delaware Attorney General — FOIA Coordinator address: | FOIA Coordinator Office of the Delaware Attorney General 820 N. French Street Wilmington, DE 19801 attorney.general@delaware.gov statute: 29 Del. C. § 10005(e) deadline: AG response within 20 business days of receipt status: draft related-denial: City of Newark, §10002(o)(3), ~May 2025 --- **Matthew Clifford** **124 Manns Avenue, Newark, DE 19711** **matthew.b.clifford@gmail.com · 302-502-6064** **[Date]** FOIA Coordinator Office of the Delaware Attorney General 820 N. French Street Wilmington, DE 19801 attorney.general@delaware.gov --- **Re: FOIA Appeal — City of Newark Blanket Denial of Public Records Request** Dear FOIA Coordinator, Pursuant to 29 Del. C. § 10005(e), I am petitioning the Office of the Attorney General to review a blanket denial of a public records request by the City of Newark, Delaware, and to find that the denial was improper under the Delaware Freedom of Information Act. **Background** On or about [date of original request], I submitted a public records request to the City of Newark for records related to a school bus accident that occurred on May 1, 2026, at or near the driveway entrance to West Park Place Elementary School's bus loop (1 Apple Road, Newark, DE 19702). The records requested included the incident report, any police narrative or supplemental report, and any internal communications regarding the incident. The City of Newark denied the request in full, citing 29 Del. C. § 10002(o)(3), the exemption for records of a law enforcement agency that would interfere with an active investigation. **Grounds for Appeal** **1. The blanket denial violates the segregability requirement.** Delaware FOIA requires that agencies disclose any reasonably segregable portion of a record that does not fall within an exemption, even if other portions of the same record are exempt. 29 Del. C. § 10002(o). The City's blanket denial — without partial disclosure, without a record index, and without explanation of why no portion of any responsive record could be segregated — is facially inconsistent with this requirement. Basic incident information such as date, time, location, vehicle type, and whether injuries were reported is not investigative in character and is routinely disclosed even when a law enforcement investigation is ongoing. The City provided no explanation of why this information could not be segregated and disclosed. **2. The active-investigation exemption does not apply to the full scope of requested records.** The May 1, 2026 incident occurred in a public location, was observed by multiple witnesses including school staff, and was reported in the Newark Post. The assertion that any disclosure would interfere with an ongoing investigation — without identification of the investigation, its status, or how disclosure of basic incident records would prejudice it — is conclusory and unsupported. If the investigation has since concluded, the exemption no longer applies, and the City has not responded to a follow-up inquiry about whether the investigation remains open. **3. No record index was provided.** A proper denial under 29 Del. C. § 10002 should be accompanied by sufficient information for the requester to assess the validity of the exemption claim. The City's denial provided no description of the records withheld, no explanation of how each category of withheld records falls within the claimed exemption, and no information about appeal rights. This procedural deficiency independently warrants review. **Relief Requested** I respectfully request that the Office of the Attorney General: 1. Find that the City of Newark's blanket denial of this request was improper under 29 Del. C. § 10002(o) and the segregability requirement; 2. Direct the City of Newark to conduct a segregability review and produce any portions of responsive records that are not exempt; 3. Direct the City of Newark to provide a record index for any records it continues to withhold, including the specific statutory basis for each withholding; and 4. Direct the City of Newark to advise whether the referenced investigation remains active, and if not, to produce all responsive records. **Documents enclosed / referenced** - Copy of original FOIA request [attach] - Copy of City of Newark denial letter [attach] - Copy of follow-up correspondence [attach if sent] I am happy to provide any additional information the Office requires. I can be reached by email or phone at the address above. Respectfully, **Matthew Clifford** 124 Manns Avenue, Newark, DE 19711 matthew.b.clifford@gmail.com · 302-502-6064 --- *Drafted: 2026-06-20* *Attach: original request, denial letter, follow-up email before sending* *Statute: 29 Del. C. § 10005(e) — AG has authority to issue opinion; not binding but creates public record of non-compliance*