Virginia Freedom of Information Act

How FOIA works 

1. The easiest way to request request records is to use the City of Richmond’s online FOIA platform . You may also request records through 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. 
2. 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 City holidays. 
3. You may have to pay for the records that you request from the City . FOIA allows the City 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  before proceeding with your request. The five days we have to respond to your request do not include the time between when the City requests a deposit and when you provide the deposit. 
4. If it is practically impossible for the City to respond to your request within the five-day period, we may request a seven-day extension. We must state this in writing, explaining the conditions that make the five-day response impossible. 

The ABCs of a successful FOIA request 

• Ask for 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, nor does it require the city to create a record that does not exist. 
• Be specific. If possible, include people, departments, date ranges, or other ways to narrow your request. This is not intended to limit the volume or number of records that you are requesting, instead it helps us identify and locate your records. 
• Communicate with us. Making a FOIA request is not an adversarial process, but we may need to discuss your request with you to ensure that we understand how best to find your records. 

Exemptions to FOIA 

The Code of Virginia § 2.2-3705.1 allows any public body to withhold certain records from public disclosure. Commonly used exemptions include the following: 

• Personnel records (§ 2.2-3705.1 (1)) 
• Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3)) 
• Vendor proprietary information (§ 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)) 
• Working papers of the mayor (§ 2.2-3705.7(2)) 
• Confidential tax information (§58.1-3) 

Rights & Responsibilities 

The Virginia Freedom of Information Act (FOIA), § 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 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. 

The City’s Responsibilities 

FOIA requires that the department make one of the following responses to your request within the five-day time period: 

1. Provide you with the records that you have requested in their entirety. 
2. 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, the department 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. Provide some of the records that you have requested, but withhold other records. The department cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, the department may redact the portion of the record that may be withheld, and must provide you with the remainder of the record. The department 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. Inform you in writing that the requested records cannot be found in the department's possession or do not exist (i.e., the department does not have the records you want). However, if the department knows that another city department or another public body has the requested records, the department must include contact information in the response to you. 
5. If it is practically impossible for the department to respond to your request within the five-day period, it must state this in writing, explaining the conditions that make the response impossible. This will allow the department seven additional working days to respond to your request, giving it a total of 12 working days to respond to your request.  

If you make a request for a very large number of records, and the CIty cannot provide the records to you within 12 working days without disrupting its other organizational responsibilities, it may petition the court for additional time to respond to your request. However, FOIA requires that the City make a reasonable effort to reach an agreement with you concerning the production or the records before going to court to ask for more time. 

City Department FOIA Officers 

To request records from the city, you may direct your request to the applicable city department through the FOIA Officers for such departments as listed below. 

In addition, the Freedom of Information Advisory Council is available to answer any questions you may have about FOIA. The Council may be contacted by e-mail at [email protected] , or by phone at 804-698-1810 (toll-free number: 866-448-4100). 

Resources 

• Administrative Regulation 3.1 : The City's policy on responding to requests for records. 
• Code of Virginia § 2.2-3700