How Do I File a Lawsuit for a Public Records Request in Virginia?
Full Question:
Answer:
Please see the following VA statutes to determine applicability:
Section 2.2-3704. Public records to be open to inspection; procedure for
requesting records and responding to request; charges.
A. Except as otherwise specifically provided by law, all public records
shall be open to inspection and copying by any citizens of the Commonwealth
during the regular office hours of the custodian of such records. Access to
such records shall not be denied to citizens of the Commonwealth,
representatives of newspapers and magazines with circulation in the
Commonwealth, and representatives of radio and television stations
broadcasting in or into the Commonwealth. The custodian may require the
requester to provide his name and legal address. The custodian of such
records shall take all necessary precautions for their preservation and
safekeeping.
B. A request for public records shall identify the requested records
with reasonable specificity. The request need not make reference to this
chapter in order to invoke the provisions of this chapter or to impose
the time limits for response by a public body. Any public body that is
subject to this chapter and that is the custodian of the requested
records shall promptly, but in all cases within five working days of
receiving a request, provide the requested records to the requester or
make one of the following responses in writing:
1. The requested records are being entirely withheld because their
release is prohibited by law or the custodian has exercised his
discretion to withhold the records in accordance with this chapter. Such
response shall identify with reasonable particularity the volume and
subject matter of withheld records, and cite, as to each category of
withheld records, the specific Code section that authorizes the
withholding of the records.
2. The requested records are being provided in part and are being
withheld in part because the release of part of the records is prohibited
by law or the custodian has exercised his discretion to withhold a
portion of the records in accordance with this chapter. Such response
shall identify with reasonable particularity the subject matter of
withheld portions, and cite, as to each category of withheld records, the
specific Code section that authorizes the withholding of the records. When
a portion of a requested record is withheld, the public body may delete
or excise only that portion of the record to which an exemption applies
and shall release the remainder of the record.
3. The requested records could not be found or do not exist. However,
if the public body that received the request knows that another public
body has the requested records, the response shall include contact
information for the other public body.
4. It is not practically possible to provide the requested records or
to determine whether they are available within the five-work-day period.
Such response shall specify the conditions that make a response
impossible. If the response is made within five working days, the public
body shall have an additional seven work days in which to provide one of
the four preceding responses.
C. Any public body may petition the appropriate court for additional
time to respond to a request for records when the request is for an
extraordinary volume of records or requires an extraordinarily lengthy
search, and a response by the public body within the time required by
this chapter will prevent the public body from meeting its operational
responsibilities. Before proceeding with the petition, however, the
public body shall make reasonable efforts to reach an agreement with the
requester concerning the production of the records requested.
D. Subject to the provisions of subsections G and J, no public body
shall be required to create a new record if the record does not already
exist. However, a public body may abstract or summarize information under
such terms and conditions as agreed between the requester and the public
body.
E. Failure to respond to a request for records shall be deemed a denial
of the request and shall constitute a violation of this chapter.
F. A public body may make reasonable charges not to exceed its actual
cost incurred in accessing, duplicating, supplying, or searching for 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. The public
body may also make a reasonable charge for the cost incurred in supplying
records produced from a geographic information system at the request of
anyone other than the owner of the land that is the subject of the
request. However, such charges shall not exceed the actual cost to the
public body in supplying such records, except that the public body may
charge, on a pro rata per acre basis, for the cost of creating
topographical maps developed by the public body, for such maps or
portions thereof, which encompass a contiguous area greater than 50
acres. All charges for the supplying of requested records shall be
estimated in advance at the request of the citizen.
G. Public records maintained by a public body in an electronic data
processing system, computer database, or any other structured collection of
data shall be made available to a requester at a reasonable cost, not to
exceed the actual cost in accordance with subsection F. When electronic or
other databases are combined or contain exempt and nonexempt records, the
public body may provide access to the exempt records if not otherwise
prohibited by law, but shall provide access to the nonexempt records as
provided by this chapter.
Public bodies shall produce nonexempt records maintained in an
electronic database in any tangible medium identified by the requester,
including, where the public body has the capability, the option of
posting the records on a website or delivering the records through an
electronic mail address provided by the requester, if that medium is used
by the public body in the regular course of business. No public body
shall be required to produce records from an electronic database in a
format not regularly used by the public body. However, the public body
shall make reasonable efforts to provide records in any format under such
terms and conditions as agreed between the requester and public body,
including the payment of reasonable costs. The excision of exempt fields
of information from a database or the conversion of data from one
available format to another shall not be deemed the creation, preparation
or compilation of a new public record.
H. In any case where a public body determines in advance that charges
for producing the requested records are likely to exceed $200, the public
body may, before continuing to process the request, require the requester
to agree to payment of a deposit not to exceed the amount of the advance
determination. The deposit shall be credited toward the final cost of
supplying the requested records. The period within which the public body
shall respond under this section shall be tolled for the amount of time
that elapses between notice of the advance determination and the response
of the requester.
I. Before processing a request for records, a public body may require the
requester to pay any amounts owed to the public body for previous requests
for records that remain unpaid 30 days or more after billing.
A. All state public bodies created in the executive branch of state
government and subject to the provisions of this chapter shall make
available the following information to the public upon request and shall
post such information on the Internet:
1. A plain English explanation of the rights of a requester under this
chapter, the procedures to obtain public records from the public body,
and the responsibilities of the public body in complying with this
chapter. For purposes of this subdivision "plain English" means written
in nontechnical, readily understandable language using words of common
everyday usage and avoiding legal terms and phrases or other terms and
words of art whose usage or special meaning primarily is limited to a
particular field or profession;
2. Contact information for the person designated by the public body to
(i) assist a requester in making a request for records or (ii) respond to
requests for public records; and
3. A general description, summary, list, or index of the types of
public records maintained by such state public body;
4. A general description, summary, list, or index of any exemptions in
law that permit or require such public records to be withheld from release;
and
5. Any policy the public body has concerning the type of public
records it routinely withholds from release as permitted by this
chapter or other law.
B. The Freedom of Information Advisory Council, created pursuant to
Section 30-178, shall assist in the development and implementation of the
provisions of subsection A, upon request.
§ 2.2-3809. Injunctive relief; attorneys' fees. —
[EDITORS' NOTE:
THE TEXT OF THIS SECTION IS EFFECTIVE UNTIL JULY 1, 2009, SEE BELOW
SECTION FOR TEXT EFFECTIVE JULY 1, 2009.]
Any aggrieved person may institute a proceeding for injunction or
mandamus against any person or agency that has engaged, is engaged, or is
about to engage in any acts or practices in violation of the provisions
of this chapter. The proceeding shall be brought in the circuit court of
any county or city wherein the person or agency made defendant resides or
has a place of business.
In the case of any successful proceeding by an aggrieved party, the
person or agency enjoined or made subject to a writ of mandamus by the
court shall be liable for the costs of the action together with
reasonable attorneys' fees as determined by the court.