FOIA filing with the city ‘101’
A primer of FOIA, or the Freedom of Information Act.
The following info is intended as a synopsis of how the City views complying with the Virginia State Code for FOIA, or the Act.
Public Records:
“All writing and recordings that consists of letters, words or number, or their equilvalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechangical or electronic recording or other form of data compilation, however stored, regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business.” Whew. Va. Code 2.2-3701
Examples of Public Records:
+ email
+ video & audio tapes
+ a note written with a crayon on a napkin
+ computer data
+ draft documents
Requests for Documents:
+ Any Virginia citizen who is not in jail or prison, or any member of the press, may make a FOIA request.
+ A request for documents need not be in writing, and the requestor is *not* required to cite the Act or refer to the request as a FOIA request. If a Virginia citizen asks for a document, she has made a FOIA request.
+ The motive of the requestor is irrelevant under the Act.
+ The requestor must identify the records she seeks woth “reasonable specificity”.
Example: A request for “anything that might help me when I sue the City” is not reasonably specific, but a request for “any documents referencing street repairs since 1995 on the 2600 block of Atlantic Avenue” is reasonably specific.
+ The City employee is authorized to ask the requestor questions to clarify the request.
Responses to Requests for Documents:
Within 5(five) working days of the receipt of the request…
+ documents should be provided
+ exemptions cited in writing for withholding some or all the requested documents
+ a notice requested in writing asking for an additional 7(seven) days to respond
+ a request for a deposit if the cost to respond will likely exceed $200
Costs:
+ actual cost incurred in accessing, duplicating, supplying or searching for the requested records
+ search time should be assessed at the lowest compensated hourly rate of the department employee who has the sufficient degree of familiarity with the requested documents
+ no searches should be billed at the hourly rate of a department director
Exclusions:
+ the Act does contain a list of excluded documents
+ another provision of state or federal law explicitly prohibits the release of a document
+ exclusions must be narrowly construed
Examples of Exclusions:
+ personnel records
+ medical and mental health records
+ library records
+ tax returns
+ ...and several more
Plus working papers of the city manager prepared by or for the city manager for his personal or deliberative use. If the document[s] are shared with anyone else - it loses its exempt status. Draft document are working papers *only* if they meet the above-defined criteria.
Enforcement:
+ any person who believes a public body or public official has violated the Act may file suit in general district or circuit court.
+ the case must be heard with 7(seven) days of filing
+ the public body has the burden of establishing by a preponderance of the evidence that a record is exempt from the requirements of the Act.
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The above primer is, again, intended as a synopsis of how the City complies with the Act.
May we recommend contacting the City staff person, officer, etc who you believe may have the information you are looking for before contacting the Freedom of Information Specialist?
And remember, any Virginia citizen as stated above, can make any request for any “reasonable specific” documents as often as one likes.
Topics: FOIA - How to/Info SDCC News & Info