Attorney General's Opinion 1979-80 #377A

VIRGINIA FREEDOM OF INFORMATION ACT. CHARGES FOR COPIES OF PUBLIC RECORDS.

July 30, 1979

The Honorable Calvin G. Sanford
Member, House of Delegates

79-80 377A

You have asked whether the Freedom of Information Act (the "Act") permits a local governing body to charge citizens for obtaining information on the cost of construction of a new public facility.

The Act provides that citizens of Virginia shall, except as otherwise provided by law, have the right to inspect and copy official records maintained by public bodies. See § 2.1-342(a) of the Code of Virginia (1950), as amended. I understand your question concerning citizens obtaining "information" to refer to citizen access to official records. The provisions of § 2.l-342(a) specifically provide that public bodies "may make reasonable charges for the copying and search time expended in supplying...records; however in no event shall the charges exceed the actual cost of supplying such records." (Emphasis added.) The Act also provides that an advance estimate of any charges shall be made at the request of the citizen. I, therefore, conclude that a public body may charge citizens for supplying copies of official records and for employee search time required to supply records, provided that such charges do not exceed the actual costs involved in supplying the requested records.