Fees
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FOI Advisory Council Opinion AO-05-24
FOIA does not require a public body to charge a requester at all, but if charges are assessed, FOIA provides that a public body may only do so within the stated limitations. A public body may assess charges for the production of requested records which includes the hourly rate of pay for the staff that…
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FOI Advisory Council Opinion AO-01-22
Public bodies are required to provide cost estimates for the production of public records upon request, but FOIA does not specify the level of detail to be included with a cost estimate. Because an estimate is inexact by definition and sometimes the total costs that may be incurred cannot be predicted with accuracy, FOIA does not require a public body to…
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Stanfield v. Norfolk (Circuit Court)
A Norfolk circuit judge ruled that elected officials are not public bodies who have to respond to FOIA requests, the public body’s response obligations are triggered when one of those officials receives a request. The judge also makes rulings on providing a “legal address” in a request and on unauthorized prepayment requirements for requests estimated…
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Keefe v. Lovettsville
Loudoun County General District Court Judge Matthew Snow rules the town violated FOIA when it required a deposit of $115 (FOIA says a deposit can be requested for amounts over $200) and when the requester said she was going to ask the FOIA Council for its opinion, the town said it considered such an action…
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FOI Advisory Council Opinion AO-08-19
The exemption in subdivision 13 of § 2.2-3705.1 applies to certain account numbers and routing information, but does not address the names of credit card holders. The expedited hearing provisions in § 2.2-3713 apply regardless of whether a petition is filed in general district court or circuit court. Only a court may rule on evidentiary…
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FOI Advisory Council Opinion AO-05-19
Charges for public records are limited to reasonable charges not to exceed the public body’s actual costs, but the question of whether a particular charge is reasonable may be decided only by a court.
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Batterson v. Voorhees
Batterson v. Voorhees, Powhatan County Judge Paul W. Cella
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FOI Advisory Council Opinion AO-04-15
A public body does not have to create a new record that does not already exist, but may abstract or summarize information under such terms and conditions as agreed between the requester and the public body. Clear and concise communications are critical when making and responding to requests.
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FOI Advisory Council Opinion AO-05-14
Requesters and public bodies may reach their own agreements on the terms of production of public records. Such agreements should address any variations in response timing and charges to which the parties agree.
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ATI v. UVA
Supreme Court of Virginia rules unanimously that UVA can withhold records requested by the American Tradition Institute (ATI) under the exemption for academic research and “proprietary records.” Court adopts interpretation of “proprietary” that encompasses records that are within the “ownership, title and possession” of the university. Though the ruling is limited to the research exemption…
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FOI Advisory Council Opinion AO-05-13
Charges for public records are limited to actual costs. The actual cost to provide electronic records is not the same as the cost to provide paper copies. Estimates must be provided in advance if requested.
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FOI Advisory Council Opinion AO-03-12
A public official may only charge his or her rate of pay as a public official, not as a private employee, when responding to requests for public records.
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Davis v. City of Chesapeake (Chesapeake Circuit Court)
The Government Data Collection and Dissemination Practices Act is not an exemption to FOIA’s disclosure requirements. City may not charge for summary/abstract of record without first reaching an agreeement with the requester.
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FOI Advisory Council Opinion AO-09-07
FOIA allows a public body to charge for existing records. FOIA does not address what a public body may charge for additional access features beyond inspection and copying of existing records.
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FOI Advisory Council Opinion AO-02-07
A public body may charge for the actual cost of staff time spent redacting records in response to a request. It may not charge any additional fee for a separate legal review of the same records.
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Rivera v. Long (Norfolk Circuit Court) (on costs and attorneys’ fees)
Judge rules on cost prevailing plaintiff should pay for copies of general registrar’s records, as well as on attorneys’ fees for the plaintiff’s attorney.
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FOI Advisory Council Opinion AO-06-05
If a public body elects to abstract or summarize records, it can only charge for such a newly created record after a prior agreement with the requester.
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Albright v. Woodfin
NOTE: Scroll to end for another ruling in a district court proceeding, June 10, 2005, between Albright and the Attorney General over advance-estimating of costs for filling a FOIA request. Lee H. Albright v. William Woodfin et al., CL05-0006, Nelson County Circuit Court May 26, 2005 Judge J. Michael Gamble I am writing to issue…
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FOI Advisory Council Opinion AO-23-04
Citizen applications for a vacant board of supervisors seat are exempt from disclosure as personnel records. A public body may charge $6 for a two-page document if that reflects the actual cost to the public body to produce it.
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FOI Advisory Council Opinion AO-16-04
It appears that the intent of the law would indicate that if records do not exist, this should be stated in writing to the requester. once a deposit is requested from the public body, a requester does not have the right to demand that certain records that are believed to be easily accessible be provided…
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FOI Advisory Council Opinion AO-01-04
The Metropolitan Washington Airport Authority, an interstate compact between Virginia, D.C. and Maryland, is subject to FOIA because the compact’s terms says that Virginia law applies in cases raised under the compact. Public body may recoup costs of providing records. Records detailing legal advice given to public body may be withheld.