Freedom of Information Act (FOIA) Request

The information on this page applies to the Department of Public Safety Communications specific requests only. Freedom of Information Act (FOIA) requests for other Prince William County agencies are processed by their respective FOIA Liaison Officers or the Office of the County Attorney.

Virginia FOIA At-A-Glance

Virginia FOIA grants residents access to public records of public bodies, officials, and employees. A public record is any writing or recording - regardless of form: paper, electronic file, audio/video recording, or other format - that is prepared or owned by the department or an employee in the course of public business.

FOIA applies to existing records/documents only, meaning the Department of Public Safety Communications is not required to create a new record in response to any request. Additionally, FOIA does not mandate the Department of Public Safety Communications to answer questions, requests only pertain to the access, inspection, or retrieval of existing records/documents.

Tips for Submitting a FOIA Request

To be helpful in the process, FOIA requests should be as detailed as reasonably possible and outline the specific information and/or records/documents you are seeking. Please include your full name and legal address as the requestor, who you represent (if attorney), the case number if known, and any other relevant details to aid in locating the records/documents you are seeking.

FOIA does not require that your request be in writing; however, it may be helpful to both you and the person receiving your request to do so. Submitting your request in writing creates a record of your request. It also helps to avoid a misunderstanding over a verbal request by providing us with a clear statement of what records you are requesting. However, the Department of Public Safety Communications cannot refuse to respond to your FOIA request if you elect to not put it in writing.

The FOIA Compliance Specialist, or other Department of Public Safety Communications representative, may contact you to clarify your request. This is to ensure we understand your request fully, so the request can be completed properly and efficiently. The Department of Public Safety Communications will not ask you to provide a reason why you are submitting your request.

How To Submit a FOIA Request to the Department of Public Safety Communications

FOIA requests are processed by the Department's FOIA Compliance Specialist and can be submitted in person, by U.S. mail, fax, phone, or by email.

3 County Complex Ct,

Woodbridge, VA 22192

[email protected]

703-792-4099

Mon.-Fri. | 8:30 a.m. – 4:30 p.m.

FREQUENTLY ASKED QUESTIONS

Who is eligible to submit a FOIA request?

FOIA laws vary by state. The Federal Government is also governed by their own FOIA laws. As a local public safety agency in the Commonwealth of Virginia, the Prince William County Department of Public Safety Communications is governed by Virginia state FOIA laws.

Pursuant to Virginia FOIA, FOIA requests will be accepted from any resident of the Commonwealth of Virginia or by any representative of the news media with a print publication in the state or a television/radio broadcast from or into the state.

How long will it take to receive a response to my request?

The Department of Public Safety Communications is committed to responding to your request as soon as possible. Under the Code of Virginia, the Department has five business days to respond to your request with one of the following:

The records/documents as requested in their entirety.
A denial of your request if FOIA is not applicable or your request meets one of the exemptions or is otherwise prohibited under state law.
Partial records/documents, while denying others as explained above.
A notice of extension of seven business days to complete the request, meaning 12 business days in total.

For requests of very large number of records/documents, the Department of Public Safety Communications may petition the court for additional time to respond. This will only occur if the Department feels the 12-day period is insufficient to complete the request without disrupting organizational responsibilities.

Day one of the request is considered the next business day after your request is submitted. A business day is any working day and does not include weekends or County-recognized holidays or closures.

*NOTE: Your request may include redactions which is permitted if the information restricted meets an exemption or is otherwise prohibited under state law.

What are the reasons my request could be denied?

The Code of Virginia allows any public body to withhold certain records from public disclosure.

The Department of Public Safety Communications commonly withholds records subject to the following exemptions:

Records of criminal investigations that have not yet been adjudicated in court (§2.2-3706(A)(2)(a))
Unwarranted Invasion of Personal Property (§2.2-3706.1(C)(3))
Juvenile Records (§16.1-301)
Records of criminal investigations (§2.2-3706(A)(2)(a))
Personnel records (§2.2-3706(B)(9))
Tests or examinations used, administered, or prepared for purposes of evaluation of any employee or employment seeker’s qualifications or aptitude for employment, retention, or promotion, or qualifications for any license or certificate (§2.2-3705.1 (4))
Requests by persons incarcerated in a state, local, or federal correctional facility (§2.2-3703(C))
Plans and information to prevent or respond to terrorist activity, the disclosure of which would jeopardize the safety of any person (§2.2-3705.2 (14))

In addition to the commonly used exemptions, our Department is prohibited from releasing:

A juvenile offender’s information
The identity of any individual providing information about a crime or criminal activity under a promise of anonymity shall not be disclosed
Social Security numbers, financial records, other sensitive account information, and certain motor vehicle records

If you believe your FOIA rights were violated, you may file a petition in district or circuit court. Alternatively, you may contact the FOIA Council for a nonbinding advisory opinion.

Are there costs associated with my request?

You may have to pay for the records you are requesting. These charges would include fees associated with staff time spent researching, redacting, and supplying the requested records. These charges do not include general overhead costs.

The Code of Virginia states:

- 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 and in accordance with the Prince William County FOIA Policy.

You may request an estimate in advance for charges associated with supplying the records that you have requested. This will provide you with an approximate cost up front and will allow you the opportunity to modify your request in an attempt to lower the estimated costs.

If a previous FOIA request remains unpaid for more than 30 days, the Department of Public Safety Communications may require payment prior to processing any additional FOIA requests.