The Virginia Freedom of Information Act (VFOIA) is the state law governing access by citizens of Virginia, and representatives of the media, to public records and to meetings of public bodies, as defined in the act. VFOIA provides that, with some specific exemptions and exceptions, all meetings of public bodies shall be open to the public and all public records open for public inspection. All public meetings and records are presumed open unless an exemption is properly invoked.
Fairfax County complies with the state's Freedom of Information Act. There is no separate county policy that addresses VFOIA.
The County’s Freedom of Information Act Officer is Amanda Kastl. She may be contacted by mail at the Office of Public Affairs, Suite 551, 12000 Government Center Parkway, Fairfax, VA 22035 or by e-mail.
It is recommended that prior to submitting a VFOIA request for records the requestor should review the remainder of the County's website, in particular the pages dealing with the County's departments and agencies, and to use the site's search function. Doing so should assist the requestor in identifying the County department or agency that has the type(s) of records he or she is looking for, and identifying the types of records that he or should will want to ask for. In many instances, the requestor may find the information or records that he or she is looking for online.
The types of records held by Fairfax County agencies include, but are not limited to:
VFOIA requires that a request for public records must identify the requested records with "reasonable specificity." A VFOIA request may be made for any existing documents or reports, however, public bodies are not required under VFOIA to create a new document that does not exist to satisfy a request. In the event that the requestor so requests, for example, because the number of records required to respond to the request is very large, the public body may abstract or summarize the requested information being sought.
It is recommended, though not required, that VFOIA requests be made in writing. Requests can be made in person, by phone, by mail, or electronically. It is not necessary to specify the reason for your request. However, you must provide your name and legal address.
Within 5 working days after a request is received, a public body must:
The act does not require electronic delivery of requested documents, though they may be provided electronically if available.
A public body is permitted to make reasonable charges not to exceed the actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. Public bodies are permitted to make reasonable charges only for the costs to access, search for, duplicate and supply requested records. Extraneous or surplus fees, such as the cost of benefits paid to an employee conducting the search, cannot be included in the charge.
If asked for by the requestor, the public body must make an advance estimate of the charges. In any case where the public body determines in advance that the charges for producing the requested records will exceed $200, the public body may, before continuing to process the request, require the requestor to agree to the payment of a deposit not to exceed the amount of the advance determination. The deposit will be credited toward the final cost of supplying the requested records. The time period for producing the records or making a response under VFOIA is tolled for the amount of time that elapses between the notice of the advance determination and the response of the requestor.
Before processing a request for records, a public body may require the requestor to pay for any amounts owed to the public body for previous requests for records that remain unpaid 30 days or more after billing.
The Virginia Freedom of Information Act guarantees access by citizens of Virginia and members of the media to the meetings of public bodies such as the Board of Supervisors, and to public records.
The law says that, in general, these meetings and records should be open to citizen inspection, with some specific exceptions, and requires that those exceptions be narrowly construed.
All meetings of all public bodies, as defined in VFOIA, as well as any meetings of their committees or sub-committees, are generally required to be open meetings, subject to certain exceptions spelled out in the Act. An open meeting is a meeting open to the members of the public.
Under VFOIA, for there to be a "meeting" subject to the Act, there must be at least three members of the body, or a quorum of the public body if less than three, present for the purpose of discussing or transacting public business. A gathering of public employees is not a meeting under the Act.
During the course of a public meeting, a public body may go into a closed meeting to discuss certain specific types of matters set forth in VFOIA. In order to do so, the public body must follow the specific procedures set forth in VFOIA to go into and come out of closed session.
VFOIA permits members of the public to photograph or record (audio, visual, or audio-visual) public meetings. It also permits public bodies to adopt reasonable rules concerning the use of cameras and recorders, designed to prevent disruption.
The Freedom of Information Advisory Council has an online public comment form allowing any FOIA requester to comment on the quality of assistance provided by Fairfax County
12000 Government Center Pkwy
Fairfax, VA 22035