The
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. FOIA states that its purpose 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.
Making a Request for Records
·
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. From a practical perspective, it may be
helpful to both you and the person receiving your request to put your request in
writing to create a record of your request and also to give us a clear statement
of your request.
·
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 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 Facility.
·
You may choose
to receive electronic records in any format used by the Facility in the regular
course of business.
·
Please
cooperate with any 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.
Responsibilities in Responding to Your Request
·
The Facility
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.
·
If it is
practically impossible for the Facility 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.
Commonly used exemptions
The Code of Virginia allows any public body to
withhold certain records from public disclosure, including:
·
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 (§ 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))
·
Medical records
(§ 2.2-3705.5 (1) and § 32.1-127.1:03)
·
Records of
civil commitment proceedings (§ 2.2-3705.5 (6) and § 37.1-67.3)
·
Privileged
records (§ 8.01-581.17)
·
Building
security systems (§ 2.2-3705.2 (6))
·
Working papers
and correspondence of the Governor, including materials prepared for the MHMRSAS
Inspector General (§ 2.2-3705.7 (2)).
For more information, please visit: http://www.vcbr.dmhmrsas.virginia.gov/