Services

Submit a FOIA Request

Fulfilling your request

Henrico County will respond within five working days of receiving a request.  “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 Henrico County General Government is irrelevant, and you do not have to state why you want the records before we respond to your request. FOIA does, however, allow Henrico to require you to provide your name and legal address.

FOIA requires that Henrico County General Government 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 Henrico 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 to 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 provided 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 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.

  • Actual costs are determined by multiplying the hours of staff time by the hourly rate (excluding benefits) of the employee(s) processing the request and adding
    any supply costs. The County will not include any general overhead costs in the charge.
  • Charges are as follows:
    • No charge other than personnel costs for copies/files transmitted by email; and
    • The County’s actual cost for paper copy reproduction, data CD, flash drive, other electronic storage device, postage greater than standard letter postage, and supplies from outside vendor
  • 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.
  • If requested, an estimate of the charges will be provided prior to supplying the records 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 money is owed from a previous FOIA request that has remained unpaid for more than 30 days, Henrico County may require payment of the past-due bill before responding to a new FOIA request.
 
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