By Stan Crock
Congress adopted the Freedom of Information Act (FOIA) in 1966 requiring agencies to disclose requested information unless it falls under exemptions that protect personal privacy, national security and law enforcement. All 50 states have freedom of information acts, too, but they provide an ever-changing landscape as thousands of bills get introduced.
In Virginia, the legislature passed a bill commending the Virginia Coalition for Open Government on its 30th anniversary of advocating for access to open records. It also passed one that exempted records of minors participating in certain state-run programs and an exemption for certain court record data. Dozens of bills are pending.
Across the country, FOIA requests are encountering increased delays. Many agencies lack adequate staffing to work through huge backlogs of requests. And new laws limit disclosures. The lack of transparency shuts a window into how government functions and uses taxpayer funds.
For more than two decades during mid-March, groups and individuals nationwide mark Sunshine Week to highlight the importance of public records and open government. It coincides with the March 16 (1751) birthday of James Madison, who championed free press.
Coordinated by the nonpartisan Brechner Project, Sunshine Week highlights how to get information from the state and federal government.
FOIA frequently asked questions
For public records in Virginia, who can file a Freedom of Information Act (FOIA) request?
Citizens of the commonwealth and the media.
How do I file a Freedom of Information Act (FOIA) request?
You may request records by mail, fax, email, in person, or over the phone. The office can ask for your name and address but not why you want a document. By making the request in writing, you will have a record with no misunderstanding about what you’re requesting. Be specific about what you want.
What are my rights?
You can request to inspect or receive copies of public records held by public bodies, public officials, and public employees unless the law specifically exempts them. You can request an estimate in advance for any charges. For requests from Rappahannock County government, copy costs are five cents a page or 10 cents if printed on both sides. You can receive electronic records if the county maintains them that way in the regular course of business, with charges only for staff time.
Rappahannock County must respond to your request within five working days of receiving it. Day one is the day after your request is received.
If it is impossible for Rappahannock County to respond to your request within five days, the county must state this in writing and explain why. This will give the county an additional seven working days to respond to your request. If the request is for a large number of files, and compliance would disrupt organizational duties, the county can go to court to seek more time. But the county must try to work out a mutually agreeable schedule with you before going to court.
For criminal investigative files not exempt under the law, the county has an additional 60 working days to respond.
Note: If you ask for an estimate, the five days don’t start until you respond to the estimate.
What documents are available under the FOIA?
A public record is any writing or recording—regardless of format—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 be withheld only if a specific, statutory exemption applies.
What are typical exemptions?
Personnel records, records subject to attorney-client privilege, proprietary vendor information, records involving negotiations of a contract award before the contract is awarded, and county administrator working papers.
What do I do if an agency denies my request?
- You can file a petition in district or circuit court to compel compliance with FOIA.
- You may contact the Virginia Freedom of Information Act Advisory Council, a state agency, for a nonbinding advisory opinion at [email protected], or by phone at (804) 698-1810 or 1-866-448-4100.
Who are the FOIA officials at various Rappahannock agencies?
To view a list of officials and also see a FOIA request form visit: rappnews.link/nas.
