FREEDOM OF INFORMATION ACT
Under the Virginia Freedom of Information Act (FOIA), located in §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 or 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 purpose of FOIA is to promote an increased awareness and transparency of government activities and afford residents an opportunity to witness the operations of government.
Your FOIA Rights
You have the right to request to 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.
How to Make a FOIA Request
You may request public records from Gloucester County Government by Emailing Us or by calling 804-693-5730. FOIA requests may also be mailed to:
Gloucester Community Engagement and Public Information
6382 Main Street
Gloucester, VA 23061
Or, you may fill out the FOIA Request Form by clicking on the button below:
Requests for Gloucester County Constitutional Offices and Gloucester County Public Schools must be made directly to those offices:
Fulfilling Your Request
Gloucester County will respond within five working days of receiving a request. The five-day period does not include weekends or holidays. FOIA requires that Gloucester County make one of the following responses to your request within the five-day time period:
Provide the records requested in their entirety.
Withhold all of the records requested, because all of the records are subject to a specific statutory exemption. If all of the records are being withheld, a response in writing will be sent with an explanation of the exemption. That response will identify the volume and subject matter of the records being withheld, and state the specific section of the Code of Virginia that allows the records to be withheld.
Provide some of the records requested, but withhold other records. An entire record will not be withheld if only a portion of it is subject to an exemption. In that instance, the portion of the record that may be withheld will be redacted, the remainder of the record will be provided. A written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld will be sent.
Respond in writing that the requested records cannot be found or do not exist. However, if another public body has the requested records, contact information for the other public body will be included in the response.
If Gloucester County cannot respond to a request within the five-day period, you will be informed in writing, explaining the conditions that make the response impossible. This will allow seven additional working days to respond a request, providing a total of 12 working days to respond to a request.
If a request for a very large number of records is made, and it is determined that it cannot be provide within 12 working days without disrupting other organizational responsibilities, the County may petition the court for additional time to respond to your request. However, FOIA requires that a reasonable effort be made to reach an agreement concerning the production or the records before going 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.
Staff Time: For all requests that exceed thirty (30) minutes of staff time to complete, the County will assess a flat fee rate of $25 per hour. Set fees are charged for various printed publications/books/documents that are reproduced. To see a full list of these items, visit the Gloucester County Board of Supervisors' Freedom of Information Act Policy.
Copying Costs: $0.25 per copy (first 5 copies are complimentary).
Digital Records: The County will charge a $5.00 fee for a USB drive if records are requested digitally and cannot be sent via e-mail.
Overhead costs will not be included.
If the estimated cost is more than $200, a deposit may be required (not to exceed the amount of the estimate), before proceeding with your request. The five days to respond to a request does not include the time between a request for a deposit and a response from the requestor.
If requested, an estimate of the charges will be provided prior to supplying the records requested.
If money is owed from a previous FOIA request that has remained unpaid for more than 30 days, Gloucester County may require payment of the past-due bill before responding to a new FOIA request.
General Guidelines
A request must identify the records needed with "reasonable specificity." It does not refer to or limit the volume or number of records requested; instead, it requires that a request be specific enough to identify and locate records.
A request must ask for existing records or documents. FOIA allows for inspection or copying of records; it does not apply to situations asking general questions about the work of (the Department), nor does it require (the Department) to create a record that does not exist.
Records can be provided in the format in which they were created. For example, if you are requesting records maintained in an Excel database, you may elect to receive those records electronically, via email or on a computer disk, or to receive a printed copy of those records.
You may be contacted if there are questions about a request, to ensure that the appropriate records are being provided.
Exemptions
The Code of Virginia allows any public body to withhold certain records from public disclosure. Gloucester County Government commonly withholds records subject to exemptions such as:
Personnel records
Records relating to the negotiation and award of a contract, prior to a contract being awarded
client privilege
Security matters
Vendor proprietary information
View a complete list of exemptions.
Documents
Additional Information
The Freedom of Information Advisory Council is available to answer any general questions you may have about FOIA. Email the Council or call them at 804-225-3056 or (toll free) 866-448-4100.
The FOIA Council has a public comment form that you may submit with feedback on the quality of assistance you received from Gloucester County, Virginia Government. To access the form, CLICK HERE.
Treasurer
Rights & Responsibilities
The Virginia Freedom of Information Act (FOIA), found in Virginia Code § 2.2-3700 et seq., 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 or 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 purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that its provisions 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 to inspect and/or receive copies of public records.
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 general district or circuit court to compel compliance with FOIA.
Making a Request for Records from Gloucester County
You may request records by mail, fax, phone, email, or in person. FOIA does not require that your request
be in writing, nor do you need to specifically state that you are requesting records under FOIA.
Nevertheless, the Gloucester County Treasurer's Office would prefer requests to be submitted, in writing, via email to the Treasurer.From a practical perspective, it may be helpful to both you and the Gloucester County Treasurer's Office to put your request in writing. This allows you to create a record of your request. It also gives the Gloucester County Treasurer's Office a clear statement of what records you are requesting. However, the County cannot refuse to respond to your FOIA request if you elect to not put it in writing.
Your request must identify the records you are seeking with "reasonable specificity." This is a commonsense
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 the Gloucester County Treasurer's Office can identify and locate the records that you are seeking.You may only request existing records or documents. FOIA gives you a right to inspect or copy records; it does not apply to general questions about the work of the Gloucester County Treasurer's Office and its employees, nor does it require the Gloucester County Treasurer's Office to create a record that does not exist.
You may choose to receive electronic records in the same format used by the Gloucester County Treasurer's Office in the regular course of business. For example, if you are requesting records maintained in an Excel spreadsheet, you may elect to receive those records electronically, via email or on a computer disk, or to receive a printed copy of those records.
If the Gloucester County Treasurer's Office has 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.
Where to Send a FOIA Request or Direct Questions Regarding FOIA
FOIA requests should be directed to Lisa L. Breaud, Chief Deputy Treasurer:
Gloucester County Treasurer's Office
FOIA Request
6489 Main Street
Gloucester, VA 23061
Phone: 804-693-2141
Fax: 804-824-2466
Email the TreasurerIn addition, the Freedom of Information Advisory Council is available to answer any questions you may have about FOIA. The Council may be contacted by email, by phone at 804-225-3056 or toll free at 866-448-4100.
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 maintain 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.
Gloucester County FOIA Request Fees
We make every attempt to provide you with the information you are requesting without charge; however, depending on the complexity of your request, you may have to pay for the records that you request from the Gloucester County Treasurer's Office. FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like personnel 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 the estimated cost exceeds $200, we may require you to pay a deposit before proceeding with your request. (If paper copies are requested, we charge $0.25 per copy after the first 5 pages.) Finally, if money is owed from a previous FOIA request that is more than 30 days past due, we may require payment of the past due amount before responding to a new FOIA request.
Commonly Used Exemptions
The Virginia Code allows any public body to withhold certain records from public disclosure. Commonly used exemptions that Gloucester County may use are:
Personnel records (Virginia Code § 2.2-3705.1(1))
Records subject to attorney-client privilege (Virginia Code § 2.2-3705.1(2)) or attorney work product (Virginia Code § 2.2-3705.1(3))
Appraisals and cost estimates of real property subject to a proposed purchase, sale, or lease, prior to the completion of such purchase, sale, or lease (Virginia Code § 2.2-3705.1(8))
Records relating to the negotiation and award of a contract, prior to a contract being awarded (Virginia Code § 2.2-3705.1(12))
Records of un-cashed checks or warrant lists (Virginia Code § 58-1-3131)
Records of individual taxpayer tax transactions (Virginia Code § 58.1-3)
For a full list of exemptions, see Virginia Code § 2.2-3705.1 et seq.
Sheriff
The Virginia Freedom of Information Act (Virginia State Statute 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, public employees, and constitutional officers. A public record is any recording, regardless of whether it is a paper record, electronic file, audio or video recording or any other format, that is prepared, owned, 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 purpose of the Freedom of Information Act is to promote an increased awareness and transparency of government activities and afford citizens an opportunity to witness the operations of government.
Forms
Freedom of Information Act - 911 Center Recordings Form (PDF)
Freedom of Information Act - Body Camera Footage Request (PDF)
Accident Reports
The Sheriff's Office no longer handles requests for accident reports. Obtain a report through the Virginia Department of Motor Vehicles.
Your FOIA Rights
You have the right to request to 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.
How to Make a FOIA Request
You may request public records in possession of the Gloucester County Sheriff's Office by completing a FOIA request (PDF) Opens in New Window , or by calling Ms. Jamie Williams at 804-824-2715.
For records belonging to Gloucester County, please click here. For records belonging to other Constitutional Offices (Treasurer, Commonwealth Attorney, Commissioner of the Revenue, Registrar, Circuit Court Clerk's Office) or the Gloucester County Public Schools, requests must be made directly to those offices.
You may submit the form in several ways:
Jamie Williams, FOIA Officer
7502 Justice Drive
Gloucester, VA 23061
Phone: 804-824-2715
Fax: 804-693-1122
Email Jamie Williams
Fulfilling Your Request
The Gloucester County Sheriff's Office will respond within five business days of receiving a request. This five-day period does not include weekends or holidays. FOIA requires that the Sheriff's Office make one of the following responses to your request within the five-day time period:
Provide the records requested in their entirety.
Withhold all of the records requested, because all of the records are subject to a specific statutory exemption. If all of the records are being withheld, a response in writing will be sent with an explanation of the exemption. That response will identify the volume and the subject matter of the records being withheld, and state the specific section of the Code of Virginia that allows the records to be withheld.
Provide some of the records requested, but withhold other records. An entire record will not be withheld if only a portion of it is subject to an exemption. In that instance, the portion of the record that may be withheld will be redacted, and the remainder of the record will be provided. A written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld will be sent.
Respond in writing that the requested records cannot be found or do not exist. However, if another public body has the requested records, contact information for the other public body will be included in the response.
If the Sheriff's Office cannot respond to a request within the five-day period, you will be informed in writing, explaining the conditions that make the response impossible. This will allow seven additional working days to respond to the request, providing a total of 12 working days to respond. if a request for a very large number of records is made, and it is determined that they cannot be provided within the 12 working days without disrupting other organizational responsibilities, the Sheriff's Office may petition the court for additional time to respond to your request. However, FOIA requires that a reasonable effort be made to reach an agreement concerning producing the records before going to court to ask for more time.
Costs
Under normal circumstances, a ten dollar fee is charged to insurance companies or agencies seeking reports, a five dollar fee is charged to citizens, and there is no fee charged to Gloucester residents who are victims of a crime and are seeking a report related to their incident. However, for a sizeable or time-consuming records request, these fees may be increased. Citizens will be advised if the costs will be increased for their request. In these cases, the following may apply:
Staff Time: depending on the time involved, an hourly staff charge may be applied. A minimum of one hour of time is assigned to requests for body camera footage ($23.40) and 911 Center calls ($25.00) per incident. Please download and complete the appropriate form for these requests.
Copying Costs: $0.25 per printed page.
Overhead Costs will not be included.
It the estimated cost is more than two hundred dollars, a deposit may be required (not to exceed the amount of the estimate) before proceeding with your request. The five days to respond to a request does not include the time between a request for a deposit and a response from the requester.
If requested, an estimate of the charges will be provided prior to supplying the records requested.
If money is owed from a previous FOIA request that has remained unpaid for more than 30 days, the Sheriff's Office may require payment of the past-due bill before responding to a new FOIA request.
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 Virginia State Statue 2.2-3704 of the Code of Virginia.
General Guidelines
A request must identify the records needed with "reasonable specificity." It does not refer to or limit the volume or number of records requested: instead, it requires that a request be specific enough to identify and locate records.
A request must ask for existing records or documents. FOIA allows for inspection or copying of records: it does not apply to situations asking general questions about the work of the agency, nor does it require the Sheriff's Office to create a record that does not exist.
Records can be provided in the format in which they were created. For example, if you are requesting records maintained in an Excel database, you may elect to receive those records electronically, via email or on a computer disk, or to receive a printed copy of those records.
You may be contacted if there are questions about a request, to ensure that the appropriate records are being provided.
Records that are maintained by the Sheriff's Office include crime reports, information reports, and 911 center recordings.
Exemptions
The Code of Virginia allows any public body to withhold certain records from public disclosure. The Sheriff's Office commonly withholds records subject to exemptions such as:
Personnel Records
Records subject to attorney-client privilege
Vendor proprietary information
Records relating to the negotiation and award of a contract, prior to a contract being awarded
Security matters
Suspect information such as name, date of birth, pending charges, etc.
Information requests regarding pending criminal investigations, informant information, internal affairs, or juvenile records
View a complete list of exemptions and the Gloucester County Sheriff's Office policy on FOIA (PDF) Opens in New Window .
Additional Information
For more information, please contact:
Ms. Jamie Williams, Sheriff's Office FOIA Officer
7502 Justice Drive
Gloucester, VA 23061
Phone: 804-824-2715
Email Jamie Williams
The Freedom of Information Advisory Council is available to answer any general questions you might have about FOIA. Email the Council or call 804-225-3056 or (toll free) 866-448-4100.
Elections & Voter Registration
Rights & Responsibilities
The Virginia Freedom of Information Act (FOIA), §2.2-3700 et. seq. of the Code of Virginia, guarantees residents 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 or 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 purpose of FOIA is to promote an increased awareness and transparency of government activities and afford residents an opportunity to witness the operations of government.
Your FOIA Rights
You have the right to request to 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
Costs
First 5 regular pages are free, $0.25 page thereafter
Any duplexes will be $0.35 per page
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.
Staff Time: For all requests that exceed thirty (30) minutes of staff time to complete, the County will assess a flat fee rate of $25 per hour.
You may have to pay for the records that you request. 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.
Deposits
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.
Quotes
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.
Past-Due Bills
If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, we may require payment of the past-due bill before we will respond to your new FOIA request.
Commonly Used Exemptions to FOIA Requests
The Code of Virginia allows any public body to withhold certain records from public disclosure. We commonly withhold records subject to the following exemptions:
Personnel records (§2.2-3705.1 (1))
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))
Making a Request for Records
You may request records by U.S. mail, fax, email, 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.
From a practical perspective, it may be helpful to both you and the person receiving your request to put your request in writing. This allows you to create a record of your request. It also gives us a clear statement of what records you are requesting, so that there is no misunderstanding over a verbal request. However, we cannot refuse to respond to your FOIA request if you elect to not put it in writing.
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 our office, nor does it require us to create a record that does not exist.
You may choose to receive electronic records in any format used by our office in the regular course of business. For example, if you are requesting records maintained in an Excel database, you may elect to receive those records electronically, via email or on a computer disk, or to receive a printed copy of those records.
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.
Responsibilities in Responding to Your Request
We 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 is irrelevant, and we cannot ask you why you want the records before we respond to your request. FOIA does, however, allow us to ask you to provide your name and legal address.
FOIA requires that we make one of the following responses to your request within the five-day time period:
We provide you with the records that you have requested in their entirety.
We withhold all of the records that you have requested, because all of the records are subject to a specific statutory exemption. If all of the records are being withheld, we must send you a response in writing. That writing must identify the volume and subject matter of the records being withheld, and state the specific section of the Code of Virginia that allows us to withhold the records.
We provide some of the records that you have requested, but withhold other records. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld, and must provide you with the remainder of the record. We must provide you with a written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld.
If it is practically impossible for us to respond to your request within the five-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us seven additional working days to respond to your request, giving us a total of 12 working days to respond to your request. 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 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.
Contact Information
To request records, or if you have questions concerning requesting records from our office, you may direct your request to our FOIA Coordinator/Director of Elections and General Registrar at:
Bobbi Morgan, Director of Elections and General Registrar
P.O. Box 208
Gloucester, VA 23061
Phone: 804-693-3659
Fax: 804-824-2465
Email Bobbi Morgan
In addition, the Virginia Freedom of Information Advisory Council is available to answer any questions you may have about FOIA and their website provides information and reference materials about the law. The Council may be contacted by:
Phone: 804-225-3056
Toll Free: 866-448-4100
Fax: 804-371-8705