Requests that go right, and the outliers that don't
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MuckRock — which lets users file records requests through their portal, archives communications, sends out reminders, initiates payment and more — parsed user data to find out average response times for records requests. There are only 10 recent Virginia requests in the database underlying the map (there are dozens upon dozens of requests over the years), but the average response is 63 days! That seems like a lot, considering Virginia requires an initial response within 5 working days and a 7-working day extension can be requested (for a total of 12 and not counting the 60 days police and prosecutors can take to respond to requests for closed criminal investigative files).
Let's dive in to learn more about that 63 number.
The Virginia Retirement System took a month and a half to respond because reports about the agency's investment in hedge funds between July and September 2022 was "not available" until Feb. 28. When it became available, they responded immediately, but not without first charging $2.56.
Alexandria provided records related to various financial investments within 2 working days and at no cost.
Fairfax police responded and provided records on Tesla crash data within 2 working days and at no cost.
Arlington County police took 9 months to respond to a request for civilian complaint data, and then only to ask the requester to provide the requester's legal address. "The request will not be processed unless and until such information is received."
After receiving the info, Arlington provided some records the next day. The remainder of the records were sent more than a month after a $50 charge was paid.
Meanwhile, Fairfax police acknowledged a similar request the day after it was sent, gave an estimate of $238.01 the day after that and sent the records a month after receiving payment.
Newport News police responded to a similar but narrower request a week after receiving it, but at that time provided some of the records requested, and all of the records at no cost.
The DMV fulfilled a request for commercial use agreements within a calendar week (and within the 5 working days deadline), even with a back-and-forth to clarify part of the request, and charged nothing for the records.
JMU complied with a request for contracts between it and soft drink companies within 10 working days at no cost.
Virginia Tech responded to a similar request and provided records at no cost within 1 day.
The Division of Child Support Enforcement of the Virginia Department of Social Services took a week to acknowledge a request for records related to youth incarceration policies and expenses but then provided records (and answers to questions) at no cost within 7 working days.
So, a 63-day average? Most everyone did pretty good, right? Yes, they did, And remember that: We hear about the FOIA horror stories, but hundreds of requests are processed every day just the way they're supposed to be.
Unfortunately for them, it takes a lot of efficient, diligent responses to chip away at the 10 or so months taken by Arlington. Was it a faulty email address? Was the request ignored because they thought it was from out of state? Something went sideways there, though, and may deserve a closer look.
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