FOIA Policy

The Rights of Requesters and the Responsibilities of Buckingham County under the Virginia Freedom of Information Act

The Virginia Freedom of Information Act (FOIA), located § 2.2-3700 et seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees.

A public record is any writing or recording - regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format - that is prepared and owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. All public records are presumed to be open, and may only be withheld if a specific, statutory exemption applies.

The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.

Requester's FOIA Rights

  • You have the right to request or inspect or receive copies of public records, or both.

  • You have the right to request that any charges for the requested records be estimated in advance.

  • If you believe that your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance with FOIA. Alternatively, you may contact the FOIA Council for a nonbinding advisory opinion.

Making a Request for Records from Buckingham County

  • You may request records by U.S. Mail, fax, e-mail, in person, or over the phone. FOIA does not require that your request be in writing, nor do you need to specifically state that you are requesting records under FOIA.

  • Your request must identify the records you are seeking with "reasonable specificity." This is a common-sense standard. It does not refer to or limit the volume or number of records that you are requesting; instead, it requires that you be specific enough so that we can identify and locate the records that you are seeking

  • Your request must ask for existing records or documents. FOIA gives you a right to inspect or copy records; it does not apply to a situation where you are asking general questions about the work of Buckingham County, nor does it require Buckingham County to create a record that does not exist.

  • You may choose to receive electronic records in any format used by Buckingham County in the regular course of business.

  • If we have questions about your request, please cooperate with staff's efforts to clarify the type of records that you are seeking, or to attempt to reach a reasonable agreement about a response to a large request. Making a FOIA request is not an adversarial process, but we may need to discuss your request with you to ensure that we understand what records you are seeking.

To request records from Buckingham County, please direct your request to either of the County’s FOIA Officers:

Karl Carter, County Administrator
Email: kcarter@buckinghamcounty.virginia.gov

Buckingham County Administration
13380 W. James Anderson Hwy
P.O. Box 252
Buckingham, VA 23921

Phone: 434-969-4242
FAX: 434-969-1638

Either maybe reached at the contact information listed above. You may also contact them with questions you have concerning requesting records from Buckingham County.

In addition, the Freedom of Information Advisory Council is available to answer any questions you may have about FOIA. The Council may be contacted by e-mail at foiacouncil@dls.virginia.gov, or by phone at (804) 225-3056 or [toll free] 1-866-448-4100.

Buckingham County’s Responsibilities in Responding to Your Request

  • Buckingham County must respond to your request within five working days of receiving it. "Day One" is considered the day after your request is received. The five-day period does not include weekends or holidays.

  • The reason behind your request for public records from Buckingham County is irrelevant, and you do not have to state why you want the records before we respond to your request. FOIA does, however, allow Buckingham County to require you to provide your name and legal address.

  • FOIA requires that Buckingham County make one of the following responses to your request within the five-day time period:

  • If you make a request for a very large number of records, and we feel that we cannot provide the records to you within 12 working days without disrupting our other organizational responsibilities, we may petition the court for additional time to respond to your request. However, FOIA requires that we make a reasonable effort to reach an agreement with you concerning the production or the records before we go to court to ask for more time.

Costs

  • 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. All charges for the supplying of requested records shall be estimated in advance at the request of the citizen as set forth in subsection F of § 2.2-3704 of the Code of Virginia.

  • You may have to pay for the records that you request from Buckingham County. FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs.

  • If we estimate that it will cost more than $200 to respond to your request, we may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond.

  • You may request that we estimate in advance the charges for supplying the records that you have requested. This will allow you to know about any costs upfront, or give you the opportunity to modify your request in an attempt to lower the estimated costs.

  • If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, Buckingham County may require payment of the past-due bill before it will respond to your new FOIA request.

Types of Records

The following is a general description of the types of records held by Buckingham County:

  • Personnel records concerning employees and officials of Buckingham County;

  • Records of contracts which Buckingham County has entered into;

  • Records of the Buckingham County Board of Supervisors.

If you are unsure whether Buckingham County has the record(s) you seek, please contact: Karl Carter, County Administrator at 434-969-4242.

Commonly Used Exemptions

The Code of Virginia allows any public body to withhold certain records from public disclosure. Buckingham County commonly withholds records subject to the following exemptions:

  • Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia)

  • Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3))

  • Vendor proprietary information (§ 2.2-3705.1 (6))

  • Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))

  • For a full list of exemptions, see § 2.2-3705.1 et seq. of the Code of Virginia.

Policy regarding the Use of Exemptions

  • It is the general policy of Buckingham County to exempt any and all records that are allowed to be exempted, redacted, or excluded from production by law.

  • Any record exempt in the Code of Virginia, which the custodian of the record has the option of disclosing, shall not be disclosed.

footer-mask