Freedom of Information Act (FOIA)
Rights & Responsibilities:
The Rights of Requesters and the Responsibilities of the City of Fredericksburg under the Virginia Freedom of Information Act
The Virginia Freedom of Information Act (FOIA), located § 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.
Your FOIA Rights
- 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.
- 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.
Making a Request for records from the City
- 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.
- Your request must ask for existing records or documents. FOIA gives you a right to inspect or copy records; it does not apply to a situation where you are asking general questions about the work of the City, nor does it require the City to create a record that does not exist.
- You may choose to receive electronic records in any format used by the City 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 City generally, you may direct your request to the Clerk of Council. She can be reached at Tonya Lacey, Clerk of Council, 715 Princess Anne Street, Fredericksburg, Virginia 22404, (540) 372-1010, email Tonya Lacey. The Clerk of Council will also accept records requests for certain local public bodies appointed by the City Council, such as the Planning Commission or Architectural Review Board, the Riverfront Park task force or other task force appointed by City Council. You may contact the Clerk of Council with questions you have concerning requesting records from the City. In addition, the Freedom of Information Advisory Council is available to answer any questions you may have about FOIA. The Advisory Council may be contacted by e-mail at Advisory Council email, or by phone at (804) 225-3056 or [toll free] 1-866-448-4100.
The City's Responsibilities in Responding to Your Request
- The City must respond to your request within five working days of receiving it. "Day One" is considered the day after your request is received. The five-day period does not include weekends or holidays.
- The reason behind your request for public records from the City is irrelevant, and you do not have to state why you want the records before we respond to your request. FOIA does, however, allow the City to require you to provide your name and legal address.
- FOIA requires that the City make one of the following responses to your request within the five-day time period:
- 1) We provide you with the records that you have requested in their entirety.
- 2) We withhold all of the records that you have requested, because all of the records are subject to a specific statutory exemption. If all of the records are being withheld, we must send you a response in writing. That writing must identify the volume and subject matter of the records being withheld, and state the specific section of the Code of Virginia that allows us to withhold the records.
- 3) We provide some of the records that you have requested, but withhold other records. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld, and must provide you with the remainder of the record. We must provide you with a written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld.
- 4) We inform you in writing that the requested records cannot be found or do not exist (we do not have the records you want). However, if we know that another public body has the requested records, we must include contact information for the other public body in our response to you.
- 5) If it is practically impossible for the City to respond to your request within the five-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us seven additional working days to respond to your request, giving us a total of 12 working days to respond to your request.
- If you make a request for a very large number of records, or we feel that we cannot provide the records to you within 12 working days without disrupting our other organizational responsibilities, we may petition the court for additional time to respond to your request. However, FOIA requires that we make a reasonable effort to reach an agreement with you concerning the production or the records before we go to court to ask for more time.
- A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. All charges for the supplying of requested records shall be estimated in advance at the request of the citizen as set forth in subsection F of § 2.2-3704 of the Code of Virginia.
- You may have to pay for the records that you request from the City. FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs.
- If we estimate that it will cost more than $200 to respond to your request, we may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond.
- You may request that we estimate in advance the charges for supplying the records that you have requested. This will allow you to know about any costs upfront, or give you the opportunity to modify your request in an attempt to lower the estimated costs.
- If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, we may require payment of the past-due bill before we will respond to your new FOIA request.
Types of records
The following is a general description of the types of records held by the City:
- Administrative policies and procedures
- Written correspondence, including letters and electronic mail
- Financial records of the City
- Personnel records concerning employees and officials of the City
- Records of contracts which the City has entered into
- Permits issued by the City
- Official records of City Council meetings, including minutes, ordinances, resolutions, and memoranda
- Criminal history information for crimes investigated by the police department
If you are unsure whether the City has the record(s) you seek, please contact the Clerk of Council directly at the address listed above.
Commonly used exemptions
The Code of Virginia allows any public body to withhold certain records from public disclosure. The City commonly withholds records subject to the following exemptions:
- Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia)
- Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3))
- Vendor proprietary information software (§ 2.2-3705.1 (6))
- Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))
- Health records (§2.2-3705.5)
- Confidential proprietary records provided by private businesses for business, trade and tourism development or retention, and memoranda, working papers or other records related to businesses that are considering locating or expanding in Virginia, prepared by the public body, where competition or bargaining is involved (§2.2-3705.6)
- Records relating to public safety (§2.2-3705.2)a
- Criminal investigative records (§2.2-3706)
Policy regarding the use of exemptions
- The general policy of the City is to invoke the personnel records exemption in those instances where it applies, in order to protect the privacy of employees and officials of the City.
- The general policy of the City is to invoke the contract negotiations exemption whenever it applies, in order to protect the City's bargaining position and negotiating strategy.
- The general policy of the City is to invoke the attorney-client privilege and work product exemptions whenever they apply, to protect the confidentiality of legal advice and to preserve the City's litigation strategy.
- The general policy of the City is for City officials to exercise their discretion in a reasonable manner when an exemption applies, weighing the public interest in inspecting the record, and the public interest in maintaining the confidentiality of the record.