FOIA - Records Requests

The Virginia Freedom of Information Act (FOIA), located at § 2.2-3700 et seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees.

A public record is any writing or recording -- regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format -- that is prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. All public records are presumed to be open, and may only be withheld if a specific, statutory exemption applies.

The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.

• You have the right to request to inspect or receive copies of public records, or both. 
• You have the right to request that any charges for the requested records be estimated in advance. Pursuant to VA Code Section § 2.2-3704, prior to conducting a search for records, the public body shall notify the requester in writing that the public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying or searching for requested records and inquire of the requester whether they would like to request a cost estimate in advance of the supplying of the requested records. https://law.lis.virginia.gov/vacode/title2.2/chapter37/section2.2-3704/ 
• If you believe that your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance with FOIA. Alternatively, you may contact the FOIA Council for a nonbinding advisory opinion.
• FOIA Council Forms: 
  • Sample Letters (Freedom of Information Advisory Council) (virginia.gov) 
  • PETITION FOR INJUNCTION OR MANDAMUS – FREEDOM OF INFORMATION ACT (AND AFFIDAVIT FOR GOOD CAUSE)/ GOVERNMENT DATA COLLECTION (vacourts.gov)
  • FOIA REQUEST FORM 

• You may request records by U.S. Mail, fax, e-mail, in person, or over the phone. FOIA does not require that your request be in writing, nor do you need to specifically state that you are requesting records under FOIA.
• From a practical perspective, it may be helpful to both you and the person receiving your request to put your request in writing. This allows you to create a record of your request. It also gives us a clear statement of what records you are requesting, so that there is no misunderstanding over a verbal request. However, we cannot refuse to respond to your FOIA request if you elect to not put it in writing.
• Your request must identify the records you are seeking with "reasonable specificity." This is a common-sense standard. It does not refer to or limit the volume or number of records that you are requesting; instead, it requires that you be specific enough so that we can identify and locate the records that you are seeking.
• You may choose to receive electronic records in any format used by the Town in the regular course of business. For example, if you are requesting records maintained in an Excel database, you may elect to receive those records electronically, via e-mail or on a computer disk, or to receive a printed copy of those records
• If we have questions about your request, please cooperate with staff's efforts to clarify the type of records that you are seeking, or to attempt to reach a reasonable agreement about a response to a large request. Making a FOIA request is not an adversarial process, but we may need to discuss your request with you to ensure that we understand what records you are seeking.
• To request records from the Town, you may direct your request to a FOIA Officer or to one of the FOIA Liaisons listed below. We have provided separate FOIA Liaisons for the Police Department that receive frequent requests because you are likely to receive a reply to your request more quickly if you go through that Department directly. However, we also have designated as FOIA Officer for the Town.
• Please note FOIA requests are charged at an hourly rate of the staff(s) fulfilling the request. To calculate: Staff hourly rate x Total number of hours to complete the request.