Staunton Circuit Court Clerk’s Office

Freedom of Information Act (FOIA) Policy

The Virginia Freedom of Information Act (FOIA) (§ 2.2-3700 et seq.) ensures citizens of the Commonwealth and representatives of the media access to certain public records in the custody of a public body, its officers, and employees. A public record is any writing or recording, regardless of its physical form or how stored, that is prepared or owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public business. All public records are presumed to be open, unless an exemption applies.

Application of FOIA to Court Records

FOIA does not apply to “[t]he records maintained by the clerks of the courts of record, as defined in § 1- 212, for which clerks are custodians under § 17.1-242. 

Public Records Maintained by a Circuit Court Clerk

Public records maintained by a clerk of a circuit court, including nonconfidential court records maintained in individual case files, may be requested from the clerk of court.

General Information About Requesting Public Records, Subject to FOIA, Maintained by Clerks of Court

A request for public records that are subject to FOIA and maintained by the clerk of court should be directed to the clerk of court. In accordance with the provisions of FOIA, the person requesting records has the right to inspect or request copies of public records and to proceed with enforcement proceedings to enforce such rights. Likewise, the clerk has the responsibility to respond to the request in accordance with the provisions of FOIA.

Exemptions to FOIA

Virginia Code Section 2.2-3705.1 allows a public body to withhold certain records from public disclosure. Clerks of court commonly withholds records subject to the following exemptions:

• Personnel records § 2.2-3705.1 (1)
• Records subject to attorney-client privilege § 2.2-3705.1 (2)
• Vendor proprietary information software § 2.2-3705.1 (6)

How to Make a FOIA Request

• You may request records by U.S. mail, fax, e-mail, in person, or over the phone. FOIA does not require that your request be in writing; nor do you need to specifically state that you are requesting records under FOIA.
• From a practical perspective, it may be helpful to both you and the person receiving your request to put your request in writing. This allows you to create a record of your request. It also gives the clerk’s office a clear statement of the records you are requesting, so there is no misunderstanding of a verbal request. However, the clerk’s office cannot refuse to respond to your FOIA request if you elect to not put it in writing.
• Your request must identify the records you are seeking with “reasonable specificity.” This is a common-sense standard. It does not refer to or limit the volume or number of records that you are requesting; instead, it requires that you be specific enough so the clerk’s office can identify and locate the records you are seeking.
• Your request must ask for existing records or documents. FOIA gives you a right to inspect or copy records; it does not apply to a situation where you are asking general questions about the work of the clerk’s office; nor does it require the clerk’s office to create a record that does not exist.
• You may choose to receive electronic records in any format used by the clerk’s office in the regular course of business.
• For example, if you are requesting records maintained in an Excel database, you may elect to receive those records electronically, via e-mail or on a CD or flash drive, or to receive a printed copy of those records.
• If the clerk’s office has questions about your request, please cooperate with staff's efforts to clarify the type of records you are seeking, or to attempt to reach a reasonable agreement about a response to a large request.  Making a FOIA request is not an adversarial process, but the clerk’s office may need to discuss your request with you to ensure your request is understood.
  
  

  How the Clerk’s Office Will Respond to a FOIA Request:

• The clerk’s office must respond to your request within five working days of receiving it. "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 the clerk’s office is irrelevant, and you do not have to state why you want the records before the clerk’s office responds to your request. FOIA does, however, allow the clerk’s office to require you to provide your name and legal address.
• FOIA requires that the clerk’s office make one of the following responses to your request within the five-day time period:
  
  1. The clerk’s office provides you with the records you have requested in their entirety.
  2. The clerk’s office withholds all of the records that you have requested, because all of the records are subject to a specific statutory exemption. If all of the records are being withheld, the clerk’s office must send you a response in writing. That writing must identify the volume and subject matter of the records being withheld and state the specific section of the Code of Virginia that allows the clerk’s office to withhold the records.
  3. The clerk’s office provides some of the records that you have requested, but withholds other records. The clerk’s office cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, the clerk’s office may redact the portion of the record that may be withheld and must provide you with the remainder of the record. The clerk’s office must provide you with a written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld.
  4. The clerk’s office informs you in writing that the requested records cannot be found or do not exist (the clerk’s office does not have the records you want). However, if the clerk’s office knows another public body has the requested records, the clerk’s office must include contact information for the other public body in its response to you.
  5. The clerk’s office informs you that it is practically impossible for the clerk’s office to respond to your request within the five-day period. The clerk’s office must state this in writing, explaining the conditions that make the response impossible. This will allow the clerk’s office seven additional working days to respond to your request, giving the clerk’s office a total of 12 working days to respond to your request.
• If you make a request for a very large number of records, and the clerk’s office feels that it cannot provide the records to you within 12 working days without disrupting other organizational responsibilities, the clerk’s office may petition the court for additional time to respond to your request. However, FOIA requires that the clerk’s office make a reasonable effort to reach an agreement with you concerning the production of the records before it goes to court to ask for more time.
  
  

  Costs Associated with FOIA Requests

• 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.
• You may have to pay for the records that you request from the clerk’s office. FOIA allows the clerk’s office to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs.
• The following rates apply to FOIA requests for the Staunton Circuit Court Clerk’s Office only:
  • $0.50 per page for printed and emailed copies
  • $5.00 for records provided on CDs or flash drives
  • $17.50 hourly rate for the Staunton Circuit Court Clerk’s Office to access, duplicate, supply, or search for the requested records
  • If another City employee must access, duplicate, supply, or search for the requested records, that particular employee’s hourly rate shall be charged.  That rate can be provided once it is determined who will be responsible for searching for and providing those records.
• Individual City departments may choose not to charge for FOIA requests, however, please note that this has no bearing on other departments’ authority to charge for FOIA requests.
• If the clerk’s office estimates that it will cost more than $200 to respond to your request, the clerk’s office may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days the clerk’s office has to respond to your request does not include the time between the date of which the clerk’s office asks for a deposit and the date on which you respond.
• You may request that the clerk’s office estimate in advance the charges for supplying the records you have 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 you owe the clerk’s office money from a previous FOIA request that has remained unpaid for more than 30 days, the clerk’s office may require payment of the past-due bill before it will respond to your new FOIA request.

  Contact Information

All FOIA requests for records held by the Staunton Circuit Court Clerk’s Office should be directed to:

Staci Falls, Clerk of Court
Staunton Circuit Court Clerk’s Office
113 East Beverley Street, 3rd Floor
Staunton, VA  24401
540.332.3874
fallssn@ci.staunton.va.us

FOIA requests for any other City of Staunton records should be directed the City’s FOIA Officer:

Robin Wallace
P.O. Box 58
Staunton, VA 24402
540.332.3999
wallacers@ci.staunton.va.us