Virginia Freedom of Information Act (“VFOIA”) Notice
Friends of Southwest Virginia, Inc. (“Friends”) is subject to the Virginia Freedom of Information Act, Va. Code § 2.2-3700 et seq. VFOIA gives citizens of Virginia and certain media representatives the right to inspect and copy public records held by Friends. VFOIA must be interpreted in favor of access, and exemptions are to be read narrowly (Va. Code § 2.2-3700).
A “public record” is any writing or recording, in any format, that is prepared, owned, or held by Friends in the transaction of public business (Va. Code § 2.2-3701).
How to Request Records
Requests may be made by email, mail, or telephone:
Paula Hurt
Friends of Southwest Virginia, Inc.
Email: phurt@myswva.org
Phone: (276) 492-2400
Mailing Address: 1 Heartwood Circle, Abingdon, VA 24210
VFOIA permits verbal or written requests (Va. Code § 2.2-3704), but written or email
requests are encouraged. To help Friends respond:
- Describe the records with “reasonable specificity” so they can be identified and located (Va. Code § 2.2-3704);
- State whether you wish to inspect records or receive copies; and
- Indicate if you prefer electronic records in a format Friends already uses, when reasonably possible.
Friends has designated the FOIA Officer above under Va. Code § 2.2-3704.2.
Friends’ Response
Friends will respond within five working days of receiving a request (Va. Code § 2.2-
3704) by:
1. Providing the requested records;
2. Withholding all records if an exemption applies and citing the specific Virginia Code section(s);
3. Providing some records and withholding others, with Code citations for any withheld portions;
4. Stating that the records do not exist or cannot be found (and, if known, referring to another public body); or
5. Stating in writing that Friends cannot practically respond within five working days and taking up to seven additional working days as allowed by law.
For large or complex requests, Friends and the requester may agree in writing to additional time (Va. Code § 2.2-3704). If Friends does not respond within the time allowed, the non-response is treated as a denial under VFOIA.
Costs
Friends may charge the actual costs of searching for, accessing, duplicating, supplying, and, if necessary, redacting records (Va. Code § 2.2-3704(F)). Friends will make reasonable efforts to keep these costs as low as possible.
You may request a cost estimate in advance. If the estimated cost exceeds $200, Friends may require a deposit before processing the request (Va. Code § 2.2-3704.1). Friends will not charge general overhead or other fees not directly tied to the cost of responding (Va. Code § 2.2-3704(F)).
Records That May Be Withheld
- Some records, or portions of records, may be withheld if a specific exemption in VFOIA applies. Common examples include:
- Personnel records containing personal information about employees (Va. Code §
2.2-3705.1); and - Proprietary or trade-secret information (Va. Code § 2.2-3705.3).
- Personnel records containing personal information about employees (Va. Code §
When Friends withholds records, the response will cite the specific Virginia Code section(s) relied upon. If only part of a record is exempt, Friends will redact only the exempt portion and release the rest, as required by VFOIA.