Steps in the Process

(1) Know your FOIA rights. Not all FOIA laws are the same. There is Federal FOIA that addresses all federal government documents, but each individual state has its own FOIA law. In Virginia access to current FOIA law is available through multiple avenues on the internet. Vaopengov.org is the website we have established to help people obtain FOIA information and to understand their rights under that law.

1. The Virginia Coalition for Open Government link (found on the “Helpful Virginia FOIA Links” page) will give you access to current FOIA Law and Facts, the FOIA Citizen's Guide, possible future changes in FOIA Law (2009 Legislative Roundup), search enabled data bases of opinions of the Advisory Council, Attorney General, and the Courts in the Look Up Opinions section.

2. The Virginia Freedom of Information Advisory Council provides a .pdf file of the Virginia Freedom of Information Act, Records Exemptions, and Meeting Exemptions. The two Exemptions sections are important for understanding some of the limits of FOIA.

(2) Any FOIA request must begin with a clear understanding of what question(s) you would like to have answered. If you already have a topic in mind that is fine. If not, it is likely that simply scanning your local newspaper will alert you to possible areas to consider. Examples of some of the topic areas that we have considered are (you will note that these can be very specific or broad ranged):

1. Where can I obtain a copy of the Town Charter or Town Code?

2. How can I find out what citizen input was used in developing the Town Comprehensive Plan?

3. Can proffers for a rezoning be changed after the public meeting?

4. What Town financial reports am I entitled to under FOIA?

5. When was the zoning on a particular property changed?

6. What soil tests were performed by the Town prior to authorizing a development?

(3). Once you have identified your primary question(s), you have to begin to identify possible sources of the information that you need. Your FOIA request must be specific as to what documents/records you want to receive, so you need to develop a working knowledge of where that information can be found in order to request the correct documents .

1. If you are interested in a rezoning request, the Minutes from the Meeting of the Town Council or Board of Supervisors may provide you with very little information. State Code requires that those minutes contain a minimum amount of information (as noted in FOIA §2.2-3707). Requesting those Minutes will not necessarily provide you with information that was provided to the Planning Commission in forming their recommendation to the Town Council. You may find that you need to specifically request minutes from both of those groups and specifically request copies of staff analysis, plats, proffers list, and other such documents. I will note here that there are many Virginia jurisdictions that go far beyond those minimum requirements and will provide you with all related information. In fact, many jurisdictions have those on their web pages for easy access by any citizen.

2. The Library of Virgina has a website (http://www.lva.virginia.gov/agencies/records/sched_local/index.htm) that provides clear descriptions of documents and how long the jurisdiction is required to keep those documents. It also includes the specific state codes that establish those mandates.

(4). Identify the level of government and/or departments from which to obtain records. For instance, a review of a certain Town's Charter or Code is helpful only in determining if that Charter or Code is being applied. A closer look would require a review of the State Code that gives the power to the local jurisdiction. You may find that local Charter and/or Code are out of sync with State Codes. In those cases, it is the State Code that is applicable UNLESS there is a disclaimer statement in the State Code indicating that any changes do NOT supersede existing local Code.

(5). Once you have identified the appropriate agency, you will need to find out to whom you should submit your request. A simple phone call or email to the agency is likely to provide you with that information. Many jurisdictions have a specific person identified as the FOIA officer and all FOIA request go through that individual. This makes it much easier for the jurisdiction to insure that time lines are met and that the appropriate person is responsible for obtaining the information required.

(6). Write your FOIA request. We have provided a copy of the FOIA request form used by the Roanoke Times (with their permission) on our website (http://vaopengov.org/FOIA%20study/req_audit_outline.htm). It is in a .pdf format that allows you to print it out and fill it in by hand, or fill out the form on your computer and print it for mailing, or send as an email attachment.

(7). Document your process. This can be done via index cards, a spreadsheet or by using the form we have provided to collect specific information:Level of government: State, County, City, or Town

1. Name of jurisdiction. (i.e., Town of Blacksburg or County of Montgomery)

2. Brief description of the documents requested.

3. Date request submitted.

4. Did you receive the requested documents within the five (5) day time frame established by state code? (Please do not count the day actually submitted as that would not be a full working day. Weekends and holidays are also excluded from the count.)

5. Did you receive notification of additional seven (7) days needed to comply with the request as allowed by state code within 5 days of the request? (Please do not count the day actually submitted as that would not be a full working day. Weekends and holidays are also excluded from the count.)

6. Did you receive the requested documents within the extended time frame established by state code? (Please do not count the day actually submitted as that would not be a full working day. Weekends and holidays are also excluded from the count.)

7. Please tell us about your experience with this quest for public documents. We want to hear about your perception of the process and any problems you may have found. (This can simply be a brief description of your experience or more detailed.)

8. Do you have any suggestions for any other studies of this type or for expansions to this study?

The data obtained from the FOIA request can then be put into the online survey tool we provide through the links on the vaopengov.org website. There are two such links, the one for the League of Women Voters does require a password which can be obtained by contacting Carol Lindstrom at vaopengov@gmail.com or by telephone at 540-382-6431/540-381-9064. Additionally, printed or written information can be mailed to Carol Lindstrom , 630 Depot Street NE, Christiansburg, VA, 24073. The second link is for the general public and other groups. It does not require a password.

Once the data has been added to the survey tool, an ongoing analysis will be done and reports will be generated. These reports will be posted to http://vaopengov.org/CitInitTransparency.htm to become public information. If LWV groups in the State of Virginia wish to have reports prepared specific to their jurisdiction, those can be provided .

OPTIONAL: Work with other groups to form a primary data collection center where information from your tracking sheets can be submitted for analysis as an individual group or as one large group. By using the survey links provided here or sending the data to us, it will be included it into a centralized data source.

Now, it is up to each of you to decide if you wish to participate. We hope that you do. Thank you for any help you can provide as we continue to monitor and report on the status of FOIA and open government in Virginia. If you are interested in using a blog or webpage in your jurisdiction, we will be happy to help you get started. For further assistance, support, or questions, please contact:

Carol Lindstrom
540-382-6431
630 Depot St. NE
Christiansburg, VA 24073
email: vaopengov.org@gmail.com