Freedom of Information Act (FOIA) Rights and Responsibilities

The Virginia Freedom of Information Act (FOIA) 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 or other law applies to those records.

Sheriff Travis M. Sumption is the custodian of all records for the Clarke County Sheriff’s Office.

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 your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance with FOIA.

Requests

• You may request records by U.S. mail, fax, email, in person, or over the phone. FOIA does not require that request be in writing, nor do you need to specifically state you are requesting records under FOIA. From a practical perspective, it may be helpful to you and the Clarke County Sheriff’s Office that your request is in writing. This allows you to create a record of your request. It also gives the Clarke County Sheriff’s Office a clear statement of what records you are requesting, so there is no misunderstanding over a verbal request. However, the Clarke County Sheriff’s Office cannot refuse to respond to your FOIA request if you elect not to put it in writing.

Requirements

• You must provide your name and legal address.
• Your request must identify the records you are seeking with “reasonable specificity.” It does not refer to or limit the volume or number of records you are requesting. It requires you to be specific enough so the Clarke County Sheriff’s Office can identify and locate the records you seek.
• Your request must ask for records or documents. FOIA gives you a right to inspect or copy records; it does not apply to a situation in which you are asking general questions about the work of the Clarke County Sheriff’s Office.
• You may choose to receive electronic records in any format used by the Clarke County Sheriff’s 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 the Clarke County Sheriff’s Office has questions about your request, please cooperate with the staff’s efforts to clarify the type of records you are seeking, or to attempt to reach a reasonable agreement about a response to a large request. The Clarke County Sheriff’s Office may need to discuss your request with you to ensure staff understands what records you seek.

Costs

• Virginia Code § 2.2-3704.1(A)(6): A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records and shall make all reasonable efforts to supply the requested records at the lowest possible cost. 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. Prior to conducting a search for records, the public body shall notify the requester in writing that the public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records as set forth in subsection F of § 2.2-3704 of the Code of Virginia.

Direct FOIA Requests or Questions About FOIA:
Office Manager Janine Rose
Clarke County Sheriff’s Office
100 N. Church St.
Berryville, VA 22611
(540) 955-5152
jrose@clarkecounty.gov

For records from other Clarke County government offices, go to Submit a FOIA Request.