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VIRGINIA FREEDOM VIRGINIA FREEDOM OF INFORMATION OF INFORMATION
ACTACT
Maria J.K. Everett, Executive Maria J.K. Everett, Executive DirectorDirector
Alan Gernhardt, Staff AttorneyAlan Gernhardt, Staff Attorney VA Freedom of Information VA Freedom of Information
Advisory CouncilAdvisory Council
VA Freedom of Information Advisory
Council,a state agency
• Issues advisory opinions– written, oral, email
• Provides FOIA training– Biennial FOIA Roadshow– Specialized training upon request
• Publishes educational material
PURPOSEPURPOSE• Single Body of Single Body of
LawLaw
• Every day Every day application of application of ““Government of, Government of, by and for the by and for the PeoplePeople””
• Predictable Predictable Behavior by Behavior by GovernmentGovernment
• Procedures to be Procedures to be followedfollowed
– Regardless of physical form or Regardless of physical form or characteristic; characteristic;
– However stored; However stored;
– Owned or prepared byOwned or prepared by or or in the in the possession ofpossession of a public body or its a public body or its officers, employees, or agents in officers, employees, or agents in the the transaction of public transaction of public businessbusiness..
PUBLIC RECORDSPUBLIC RECORDS
Debunking FOIA Debunking FOIA MythsMyths
• RECORDS not RECORDS not explanationsexplanations
• Inspect or CopyInspect or Copy
• Not freeNot free
• FOIA doesn’t FOIA doesn’t prohibitprohibit releaserelease
• Informal vs. formal Informal vs. formal requestsrequests
FOIA REQUESTS FOIA REQUESTS
DON’TDON’T HAVE TO: HAVE TO:
BE IN BE IN WRITIWRITI
NGNGSAY SAY
““FOIA”FOIA”
FOIA FOIA REQUIRESREQUIRES
55 WORKING DAYSWORKING DAYS
TO PRODUCE RECORDS TO PRODUCE RECORDS
-OR--OR-
TO MAKE OTHERTO MAKE OTHERRESPONSERESPONSE
RESPONSESRESPONSES
5 DAYS 5 DAYS5 DAYS
5 DAYS 5 DAYS 5 DAYS 5 DAYS
5 DAYS
• YES, here are the records
• We need more time
• NO, records or portions exempt
• Records don’t exist OR can’t be located
CHARGESCHARGES
• SEARCH COSTSSEARCH COSTS
• ACCESSINGACCESSING
• SUPPLYINGSUPPLYING
• DUPLICATINGDUPLICATING
ACTUAL COSTS ONLY
• Hourly rateHourly rate
• NONO fringe fringe benefitsbenefits
• AdministratiAdministrative actve act
• Reasonable, Reasonable, too.too.
ENFORCEMENENFORCEMENTT
• Failure to follow FOIA deemed Failure to follow FOIA deemed violation.violation.
• FOIA Suit by aggrieved partyFOIA Suit by aggrieved party
• Burden of proof on GovernmentBurden of proof on Government
PENALTIESPENALTIES
• Pay legal bills of Pay legal bills of petitionerpetitioner
•Mandamus or Mandamus or InjunctionInjunction
•BAD PRESSBAD PRESS
PENALTIESPENALTIES “Knowing” and “Willful” “Knowing” and “Willful”
ViolationsViolations
•Up to $2,000 for Up to $2,000 for 11stst violation. violation.
•Up to $5,000 for Up to $5,000 for any subsequent any subsequent violation.violation.
•Paid by Paid by violator, not the violator, not the agency!agency!
Advisory Advisory OpinionsOpinions
•VA Freedom of VA Freedom of Information Advisory Information Advisory CouncilCouncil
•Attorney GeneralAttorney General
RememberRemember
• Call FOIA Council with ANY questions.Call FOIA Council with ANY questions.
• There are NO stupid FOIA questions.There are NO stupid FOIA questions.
• Set “institutional culture” for compliance with FOIA.
• FOIA says —How and When to ACT; Not how to FEEL.
• It is NOT our individual sense of fairness, but the collective sense expressed in the law.
FOIA COUNCIL
• 1-866-448-4100 (toll free)• 804-225-3056• Email:
• Website: http://foiacouncil.dls.virginia.gov