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The Virginia Freedom of Information Act is a wonderful thing, but most citizens probably have no concept of how much it costs their local and state governments in time and taxpayers' funds to respond to all of the requests for records that they receive.
While FOIA permits public bodies to charge reasonable photocopy fees (Roanoke City Council has established a fee of 10 cents per page for photocopies), and for certain expenses related to finding and copying requested records, the charges don't begin to recoup the cost to taxpayers.
Citizens who request records can help reduce the cost of obtaining them, and greatly expedite a response, by being specific in identifying what records they are after. (FOIA requires that the request "identify the requested records with reasonable specificity.") Citizens often make broad requests of the city for everything we have relating to a topic, probably without realizing that many different departments and offices may have relevant records, and that someone from each department and office will have to comb through files to find relevant records, which takes time.
A FOIA request does not have to be made in writing, but it is usually a good idea, so that there is no misunderstanding about what records are being requested. The requester does not have to cite or invoke FOIA to make it a request covered by FOIA. Requests for records should be directed to the office or department that has custody of them. The city does not have a FOIA office or a designated person to receive such requests -- responses can be expedited if requests are made directly to the person believed to be the custodian of the records.
FOIA requires a response within five work days, but one of the permitted responses is that it is not practically possible to provide the requested records or to determine if they are available, in which case the public body has an additional seven work days in which to respond.
With many of the city's records being stored off-site, and with records being scattered in various city offices, it is often not practically possible for them to be located and provided within five days. Sometimes, when a request involves what may be a voluminous amount of records, city staff may contact the requester to let the requester know that, in case the requester can refine or clarify the request (this usually saves the requester money, and saves the city time and expense).
If a citizen so requests, a governing body must estimate in advance what charge will be made for providing the requested records. (Sometimes, just preparing an estimate can take time, as the requested records usually have to be found before an estimate can be prepared.)
FOIA provides that 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 pay a deposit not to exceed the amount of the advance determination, which is credited toward the final charge.
There are some records that are exempt from FOIA disclosure requirements -- for example, others can't ask (without your permission) for copies of your tax returns, or your medical records or your personnel records. Other types of records that need to be kept confidential (for example, law enforcement tactical plans) are also excluded.
Those making requests for records should be aware that FOIA applies only to public records existing at the time of a request. It does not require governing bodies to create a new record if the requested record does not already exist.
For citizens seeking information about the city and city records, the city's Web site at www.roanokeva.gov is a great place to start. It has a wealth of information and local public records, including such things as property records, city council minutes and agendas, and facts about the city and its demographics.
A good resource for those who want to know more about FOIA is the Web site of the Virginia Freedom of Information Act Advisory Council at http://foiacouncil.dls. virginia.gov/.
William Hackworth is the city attorney for Roanoke.
