Adoption of a Comprehensive Freedom of Information Act Policy and Procedures

Staff recommends that the Board of Supervisors approve the adoption of the proposed FOIA policy and procedures to establish best practices in answering requests for public documents made pursuant to the Virginia Freedom of Information Act (“FOIA”).

The Virginia Code requires responses to requests for public documents as governed under FOIA found in Virginia Code § 2.2-3700 et seq. Of paramount concern is that the County establish best practices for consistently answering requests made by citizens or organizations for access to public records and that all responses comply with the requirements of FOIA. While the County is certainly aware of FOIA and works diligently to maintain compliance there is currently no formal policy set to ensure best practices.  Staff is doing well to comply with the law, but best practices will allow for the best transparency, accountability, training, standardization, and overall service to citizens and taxpayers.  The proposed policies and procedures will also provide a training tool and standards to train toward.  The proposed policies also strike a balance between service and accountability to taxpayers by creating an allowable de minimis response whereby County staff can provide a quick turnaround for a citizen while they wait at no cost while also recovering the County’s costs for more intensive and time consuming searches thereby being responsible to taxpayers.  Finally, the policy will allow for the County Administrator, in consultation with the County Attorney, to amend the policy to ensure efficiency and address any requirements mandated by the General Assembly.  

Staff proposes an effective date for the policy of October 1, 2018 to allow the FOIA officer and the County Attorney’s Office time to train County staff on the policy and procedures.  This is reflected in the draft resolution attached hereto.

Highlights of the proposed County FOIA policy include:

• Assisting County departments in meeting statutory FOIA requirements;

• Encouraging County employees to provide information to the public at no cost when readily available and there are de minimus costs for the County to provide it;

• Ensuring the availability of information to the public by providing a procedural framework within County departments to efficiently provide responsive documents;

• Meeting the needs of the public and the media by developing designated personnel who have a heightened ability to manage FOIA requests; and

• Establishing systems and standards to determine costs to the County of responding to FOIA requests and to reasonably charge requesters for the costs incurred, as permitted by law. 

   

• Procedures are proposed in this policy to address the proper point of contact for requesters and the personnel responsible for fulfilling request. 
• Responsibilities of the FOIA officer, as well as other employees in County departments, are set out to streamline the process.
• Costs that can be assessed, as well as the allowance of a response with no associated costs when the information is readily available and will be de minimus for the County to provide, are set out in the policy. 
• The County Administrator, in consultation with the County Attorney, is granted the authority to modify or amend this policy as deemed necessary and shall inform the Board of Supervisory when any modifications or amendments are made.

Denial of staff’s request to adopt this FOIA policy and procedures will result in the County maintaining its current system of answering FOIA requests without formally establishing best practices.