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VIRGINIA FREEDOM OF INFORMATION ACTPlease contact Kim Medley concerning any VFOIA request. It is recommended, though not required, that VFOIA requests be made in writing. Requests can be made in person, by phone, by mail, or electronically. It is not necessary to specify the reason for your request. However, you must provide your name and legal address.
§ 2.2-3700. Short title; policy. A. This chapter may be cited as "The Virginia Freedom of Information Act."
B. By enacting this chapter, the General Assembly ensures the people of the Commonwealth ready access to public records in the custody of a public body or its officers and employees, and free entry to meetings of public bodies wherein the business of the people is being conducted. The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government. Unless a public body or its officers or employees specifically elect to exercise an exemption provided by this chapter or any other statute, every meeting shall be open to the public and all public records shall be available for inspection and copying upon request. All public records and meetings shall be presumed open, unless an exemption is properly invoked.
The provisions of this chapter shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government. Any exemption from public access to records or meetings shall be narrowly construed and no record shall be withheld or meeting closed to the public unless specifically made exempt pursuant to this chapter or other specific provision of law. This chapter shall not be construed to discourage the free discussion by government officials or employees of public matters with the citizens of the Commonwealth.
All public bodies and their officers and employees shall make reasonable efforts to reach an agreement with a requester concerning the production of the records requested.
Any ordinance adopted by a local governing body that conflicts with the provisions of this chapter shall be void. 1968, c. 479, § 2.1-340; 1976, c. 467, § 2.1-340.1; 1989, c. 358; 1990, c. 538; 1999, cc. 703, 726; 2001, c. 844; 2002, c. 393.
Contact Information:
FOIA Officer: Kim Medley
Smyth County Sheriff's Office 819 Matson Drive Marion, VA 24354
kmedley@smythcounty.org
276-781-2357
This Office maintains the following types of public records: Records associated with a law enforcement agency for the purpose of public safety, 911 records, and personnel records of employees of the Smyth County Sheriff’s Office.
The list of records that can be withheld by the Smyth County Sheriff’s Office can be found in the Code of Virginia (link) Chapter 37, (2.2-3705.1, 2.2-3705.2, 2.2-3705.3, 2.2-3706, 2.2-3706.1).
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."
The Smyth County Sheriff's Office will assess the costs for FOIA responses as follows: $25.00 per hour for the time required to research, compile, and duplicate requested records. The materials costs is assessed at $.50 per page and $1.00 per CD.
Public comments regarding the FOIA request/response for the Smyth County Sheriff’s Office can be submitted to
Virginia Freedom of Information Advisory Council.
Read the Virginia Freedom of Information Act online.
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