Virginia Freedom of Information Act

Rights & Responsibilities:

The Rights of Requesters and the Responsibilities of Fauquier County

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.

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 any exemption allowing public records to be withheld must be interpreted narrowly.

Rights of Requestors:

Citizens of the Commonwealth of Virginia, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth have the right to request to inspect or receive copies of public records, or both.
Citizens and media have the right to request that any charges for the requested records be estimated in advance.
Citizens and media that believe that their FOIA rights have been violated, may file a petition in the Fauquier County General District or Circuit Court to compel compliance with FOIA. Alternatively, they may contact the FOIA Council for a nonbinding advisory opinion.

Making a Request for records from Fauquier County:

Records may be requested by U.S. Mail, fax, e-mail, in person, or over the phone. FOIA does not require that the request be in writing, nor does it need to specifically state that it is a request for records under FOIA.

From a practical perspective, it may be helpful to both the requestor and the person receiving the request to put it in writing. This allows a record of the request to be created. It also gives us a clear statement of what records are requested, so that there is no misunderstanding over a verbal request. Fauquier County has a form [“form” will be link to form] available for use, if desired, to make a FOIA request. However, we will not refuse to respond to a FOIA request if it is not put in writing.

The request must identify the records sought with "reasonable specificity." This is a common-sense standard. It does not refer to or limit the volume or number of records that are requested; instead, it requires that enough specificity so that we can identify and locate the records sought.

The request must ask for existing records or documents. FOIA creates a right to inspect or copy records; it does not apply to a situation where general questions about the work of Fauquier County are asked, nor does it require Fauquier County to create a record that does not exist.

The requestor may choose to receive electronic records in any format used by Fauquier County in the regular course of business.

For example, if the requested records are maintained in an Excel database, you may elect to receive those records electronically, via e-mail, jump/thumb drive, potentially on a computer disk (CD) if the responding employee has access to a CD burner, or to receive a printed copy of those records.

If we have questions about the request, please cooperate with staff's efforts to clarify the type of records sought 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.

To request records from Fauquier County, you may direct your request to the appropriate FOIA Officer. A list [“list” will be a link] of Fauquier County FOIA Officers. You may also contact the FOIA Officer with questions you have concerning requesting records from Fauquier County. 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 foiacouncil@dls.virginia.gov, or by phone at (804) 225-3056 or (866) 448-4100.

Fauquier County’s Responsibilities in Responding to Your Request:

Fauquier County 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.

The reason behind your request for public records from Fauquier County is irrelevant and you do not have to state why you want the records before we respond to your request. However, although not required, providing the reason for your request is sometimes helpful in allowing the County employee narrow your search to desired records. FOIA allows Fauquier County to require you to provide your full name and legal residential address.

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

We provide you with the records that you have requested in their entirety.
We 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, we 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.
We provide some of the records that you have requested, but withhold other records. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld, and must provide you with the remainder of the record. We 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.
We inform you in writing that the requested records cannot be found or do not exist (we do not have the records you want). However, if we know that another public body has the requested records, we must include contact information for the other public body in our response to you.
If it is practically impossible for Fauquier County 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.

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

Costs

A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, searching for, or reviewing the requested records. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. All charges for the supplying of requested records shall be estimated in advance at the request of the citizen as set forth in subsection F of § 2.2-3704 of the Code of Virginia.

Duplicating costs are calculated as follows:

A charge of $0.10 (ten cents) per printed side of a page for black and white 8 ½ x 11 or 8 ½ x 14 paper copies (in other words: $0.20 per sheet of paper if printed on both sides) and $0.50 (fifty cents) per printed side of a page for color copies ($1.00 per page if printed on both sides); or

Duplication fees
Table amounts are per page	8 1/2 x 11	8 1/2 x 14	11 x 17
Single sided, black & white	$ .10	$ .10	$ .23
Double sided, black & white	$ 0.20	$ 0.20	$ 0.46
Single sided, color	$ 0.50	$ 0.50	$1.23
Double sided, color	$ 1.00	$ 1.00	$2.46

$0.50 (fifty cents) per CD-ROM. If any other media or non-standard paper size is used, the requestor shall not be charged more than the County’s actual cost.
If, due to the size or format, the responding department does not have the ability to duplicate the public records requested and the requesting party cannot review the records in the County offices, an outside vendor may be used to make copies only if the requesting party agrees to the arrangement and pays the full cost to the vendor directly.

You may have to pay for the records that you request from Fauquier County. FOIA allows us 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, you will be required to pay a deposit in the full amount of the estimate before staff proceeds with producing records responsive to your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond.

You may request that we estimate in advance the charges for supplying the records that you have requested. This will allow you to know about any costs upfront, or give you the opportunity to modify your request in an attempt to lower the estimated costs.

If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, Fauquier County may require payment of the past-due bill before it will respond to your new FOIA request.

Types of records

The following is a general description of the types of records held by Fauquier County:

Personnel records concerning employees and officials of Fauquier County
Records of contracts entered into by Fauquier County
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If you are unsure whether Fauquier County has the record(s) you seek, please contact the appropriate FOIA Officer (“FOIA Officer” will be link).

Commonly used exemptions

The Code of Virginia allows any public body to withhold certain records from public disclosure. Although not an exhaustive list, Fauquier County commonly withholds records subject to the following exemptions:

Personnel records: § 2.2-3705.1(1) of the Code of Virginia
Records subject to attorney-client privilege or attorney work product: § 2.2-3705.1(2)) and § 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)
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Policy regarding the use of exemptions

The general policy of Fauquier County is to invoke:

the personnel records exemption in those instances where it applies in order to protect the privacy of employees and officials of Fauquier County.

the contract negotiations exemption whenever it applies in order to protect Fauquier County’s bargaining position and negotiating strategy.

the attorney-client privilege and attorney work product exemption whenever it applies in order to protect the interests of Fauquier County.

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Department or Constitutional Office	FOIA Officer	Custodian of the Following
Administration - including the following: Board of Supervisors Social Services Board Reassessment Board of Assessors Board of Equalization Broadband Advisory Committee Administrative Office of Circuit Court Judge	Paul S. McCulla (540) 422-8001 Fax: (540) 422-8022 10 Hotel Street Warrenton, VA 20186	Correspondence of Administration and BOS; original deeds, leases and other agreements; department budget; agendas & minutes for included boards and committees; County Administrator working papers exempt § 2.2-3705.7(3)
Adult Court Services	Tom Pavelko (540) 422-8080 FAX: (540) 422-8065 70 Culpeper Street Warrenton, VA 20186	Department correspondence & budget; local probation & pretrial case files exempt § 2.2-3706.A(2)(f)
Agricultural Development - including the following: Agricultural Development Advisory Board Purchase of Development Rights Selection Review Committee	Ray Pickering (540) 422-8280 Fax: (540) 422-8277 35 Culpeper Street Warrenton, VA 20186	Department correspondence, budget & PDR transaction paperwork; agendas & minutes for included board & committee
Office of the Clerk of the Fauquier County Circuit Court	Gail Barb (540) 422-8100 Fax: (540) 422-8112 29 Ashby Street, 1st Floor Warrenton, VA 20186	Correspondence & budget; financial accounting reports; reports to Commonwealth agencies. Court records exempt § 2.2-3703.A(5) & subject to disclosure pursuant to § 17.1-208. Juvenile records confidential pursuant to § 16.1-307.
Commissioner of the Revenue's Office	Donna Shipe (540) 422-8149 29 Ashby Street P.O. Box 149 Warrenton, VA 20188	Correspondence & budget; personal and real property tax assessment records; many records exempt pursuant to § 2.2-3705.7(1) & Taxpayer Secrecy Act § 58.1-3
Commonwealth's Attorney's Office	Jamey Cook (540) 422-8120 29 Ashby Street, 4th Floor Warrenton, VA 20186	Correspondence & budget; majority of documents exempt as attorney-client priviledged communications §§ 2.2-3705.1(2) & (3) or criminal investigative files § 2.2-3706.A(2)
Community Development - including the following Planning Commission Board of Zoning Appeals Board of Building Appeals Architectural Review Board Agricultural and Forestal District Advisory Committee	Kimberley Fogle (540) 422-8200 Fax: (540) 422-8231 29 Ashby Street, 3rd Floor Warrenton, VA 20186	Department correspondence & budget; comprehensive plan; zoning, subdivision, E&S/SWM ordinances; land use and building applications & permits; and compliance inspection & violation files
County Attorney	Kevin J. Burke (540) 422-8010 Fax: (540) 422-8022 10 Hotel Street Warrenton, VA 20186	Department correspondence & budget; majority of other documents exempt as attorney-client priviledged communications §§ 2.2-3705.1(2), (3) & (5)
Economic Development	Miles Friedman (540) 422-8270 Fax: (540) 422-8269 35 Culpeper Street Warrenton, VA 20186	Department correspondence & budget; many documents exempt pursuant to § 2.2-3705.6
Emergency Services (DFREM)	Darren Stevens (540) 422-8800 Fax: (540) 422-8813 62 Culpeper Street Warrenton, VA 20186	Department correspondence & budget
Environmental Services	Davina Bratcher 6438 College Street Warrenton, VA 20187 (540) 422-8840 Fax: (540) 422-8841	Disposal account & transaction information; DEQ operating permits; department correspondence & budget
Finance	Terrilyn Pete (540) 422-8333 Fax: (540) 422-8326 320 Hospital Drive, 3rd Fl, Suite 32 Warrenton, VA 20186	Department correspondence & budget; financial reports; accounts payable, County debt, & ambulance recovery revenue documents
Geographic Information Systems (GIS)	Andrew Fioranelli (540) 422-8260 Fax: 422-8265 29 Ashby Street, 3rd Floor Warrenton, VA 20186	Department correspondence & budget; maps exempt - see fee schedule & request form
General Services	Wanda Mercer (540) 422-8484 94 Manor Court, Suite 25 Warrenton, Virginia 20186	Fleet records; County facility building plans; County project records; department correspondence & budget
Human Resources	Janelle Downes (540) 422-8300 Fax: (540) 422-8315 320 Hospital Drive, Suite 34 Warrenton, VA 20186	Department correspondence & budget; risk management documents; personnel records exempt § 2.2-3705.1(1)
Information Technology	Rick Klinc (540) 422-8383 320 Hospital Drive Warrenton, VA 20186	NOT all County email and electronic documents - see each department Department correspondence & budget
Library - including the following Library Board	Maria Del Rosso (540) 422-8500 Fax: (540) 422-8520 11 Winchester Street Warrenton, VA 20186	Department correspondence & budget; agendas & minutes for Library Board; patron records exempt § 2.2-3705.7(3)
Management and Budget	Erin Kozanecki (540) 422-8360 Fax: (540) 422-8355 320 Hospital Drive, Suite 24 Warrenton, VA 20186	Department correspondence; official County budget records
Parks and Recreation - including the following Parks and Recreation Board	Larry Miller (540) 422-8555 Fax: (540) 422-8559 832 Hospital Drive, Suite 6 Warrenton, VA 20186	Department correspondence & budget; P&R Board agendas & minutes
Registrar	Alex Ables (540) 422-8290 Fax: (540) 422-8291 832 Hospital Drive, Suite 6 Warrenton, VA 20186	Registered voter list; absentee ballot applicants list; local campaign finance reports; departmental correspondence & budget documents
Sheriff's Office - including the following Towing and Recovery Advisory Board Adult Detention Center 911 Joint Communications Center	Shawn Lasher (540) 422-8600 Fax: (540) 422-8608 78 West Lee Street Warrenton, VA 20186	Correspondence, budget, contracts & agreements; criminal investigative files exempt pursuant to § 2.2-3706.A(2)(a)
Social Services - including the following Community Policy and Management Team Family Assessment and Planning Team - FAPT is exempt from FOIA pursuant to § 2.2-3703.A(3)	Laura Brown (540) 422-8400 Fax: (540) 422-8449 320 Hospital Drive, Suite 11 Warrenton, VA 20186	Department correspondence & budget documents; agendas & minutes for CPMT; majority of other documents exempt §§ 63.2-100 et seq.
Treasurer's Office	Tanya Wilcox (540) 422-8180 Fax: (540) 422-8179 29 Ashby Street, 2nd Floor P.O. Box 677 Warrenton, VA 20188	Department correspondence & budget documents; tax payment and delinquency records; many documents exempt pursuant to § 2.2-3705.7(1) & Taxpayer Secrecy Act § 58.1-3
Warrenton-Fauquier Airport - including the following Airport Committee	David Darrah (540) 422-8283 Fax: (540) 422-8286 5075 Airport Road P.O. Box 198 Midland, VA 22728	Airport layout plan; Federal & Commonwealth grant documents; department correspondence & budget documents; agendas & minutes for committee

Department or Constitutional Office

FOIA Officer

Custodian of the Following