FOIA Requests

Office Of Counsel’s Virginia Freedom Of Information Act Policy

The Office of the Governor only has records that are in the physical custody of the Office of the Governor. The Governor's Office does not include individual state agencies.

Revised November 7, 2019

Purpose

To establish an efficient and effective process of providing timely and complete responses to requests under the Virginia Freedom of Information Act (§ 2.2‑3700 et seq.) (FOIA or Act); To facilitate the Office of the Governor’s compliance with the Act’s public disclosure requirements; and To advise a person seeking disclosure of public records under the Act of his or her rights and the responding public body’s responsibilities.

Scope

This Policy applies to all FOIA requests directed to the Office of the Governor, which includes the Governor; the Governor’s Chief of Staff, Counsel, Director of Policy, and Cabinet Secretaries; the Assistant to the Governor for Intergovernmental Affairs; and those individuals to whom the Governor has delegated authority pursuant to Virginia Code § 2.2‑104 (Office).

Rights and Responsibilities Under the Act

The Act, § 2.2‑3700 et seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media with circulation in the Commonwealth access to public records held by public bodies, public officials, and public employees. A public record is any writing or recording—regardless of 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 be withheld only if a specific statutory exclusion applies. The purpose of FOIA is to promote public awareness of governmental activities. FOIA must be interpreted liberally in favor of access, and any exclusion allowing records to be withheld must be interpreted narrowly.

A Requester’s FOIA Rights

Citizens of the Commonwealth and representatives of the media with circulation in the Commonwealth may: - Request to inspect or receive copies of public records, or both - Request that charges for requested records be estimated in advance - File a petition pursuant to § 2.2‑3713 in district or circuit court to compel FOIA compliance - Submit FOIA requests by U.S. Mail, fax, e‑mail, in person, or by phone FOIA does not require requests to be in writing or to cite FOIA specifically. However: - Written requests help document and clarify what records are sought - Requests must identify records with “reasonable specificity” - FOIA applies only to records, not to general questions - Requesters may choose to receive records electronically in any format regularly used by the Office If clarification is needed, the Office will work cooperatively with the requester. FOIA is not an adversarial process.

The Office’s Responsibilities in Responding to a FOIA Request

The Office must respond within five (5) working days of receiving a request. “Day One” begins the first working day after receipt. Weekends and holidays are excluded. Requests received after 5:00 p.m. EST are considered received the following working day. The Office will not ask why records are requested but may ask for the requester’s name and legal address. Within the five‑day period, the Office must respond by: - Providing all requested records - Withholding all records under a specific statutory exclusion (with written explanation citing applicable law) - Providing some records and redacting others, with citation to the applicable statutory exclusion - Notifying the requester in writing if additional time is needed due to logistical issues (up to seven additional working days) For exceptionally large requests, the Office may seek additional time from the court under FOIA after attempting to narrow scope with the requester.

Costs

FOIA permits the Office to charge for actual costs incurred, including staff time, copying, and directly related expenses. General overhead costs may not be charged. If estimated costs exceed $200, a deposit may be required. Requesters may ask for a cost estimate in advance to adjust scope if desired.

Commonly Used Exclusions

The Office commonly withholds records under the following exclusions (others may also apply):

• Personnel records § 2.2‑3705.1(1)
• Attorney‑client privilege § 2.2‑3705.1(2)
• Attorney work product § 2.2‑3705.1(3)
• Vendor proprietary software information § 2.2‑3705.1(6)
• Contract negotiation and award records § 2.2‑3705.1(12)
• Working papers and correspondence of the Governor § 2.2‑3705.7(2)