FOIA - Freedom of Information Act

The City's Communications Office oversees all requests. In accordance with §2.2-3704.1 of the Code of Virginia, the Communications Manager serves as the FOIA Officer for all "public bodies" appointed by Common Council which are not specifically designated by State Code or other law as "independent legal entities" or "body politic" and who have not otherwise designated a FOIA Officer. Requests for information to Constitutional Officers (Commissioner of the Revenue, Treasurer, Sheriff, Commonwealth's Attorney, or Clerk of Court) should be sent to the Constitutional Officer or their designated FOIA Officer. Requests made to the Economic Development Authority should be sent to their designated FOIA Officer.

All other requests can be submitted to the Communications Office or to any City department. Upon receipt, your request will be processed in accordance with the Virginia Freedom of Information Act.

  • If you would like to submit a request, it is recommended that you submit it in writing so that we have a clear statement as to what record(s) is or are being requested.  Your request must identify the records you are seeking with “reasonable specificity”. You must also include your legal name and address.
  • Reasonable charges may be applied not to exceed the actual costs incurred in accessing, duplicating, supplying or searching for the requested information.
  • Please see the information below for further details about Virginia's Freedom of Information Act (FOIA).

You may submit a FOIA request by U.S Mail, fax, in person, email or via phone.

Division/Office FOIA Officer Phone Mailing Address Location Fax
City of Winchester FOIA Office Amy Simmons
Communications Manager
(540)
667-1815
15 N. Cameron St.
Winchester, VA 22601
Same (540)
722-3618
Clerk of Circuit Court Terry H. Whittle
Winchester Clerk of Circuit Court
(540)
667-5770
5 N. Kent St.
Winchester, VA 22601
Same (540)
667-6638
Commissioner of the Revenue Ann T. Burkholder
Commissioner of the Revenue
(540)
667-1815
P.O. Box 706
Winchester, VA 22604
15 N. Cameron Street (540)
667-8937
Commonwealth's Attorney's Office Heather Hovermale
FOIA Attorney
(540)
722-7940
24 Rouss Ave., Ste. 200
Winchester, VA 22601
Same (540)
665-9087
Winchester Police Department Leonard Bauserman
Captain
(540)
545-4703
231 E. Piccadilly St.
Winchester, VA 22601
Same  
Winchester Sheriff's Office Les R. Taylor
City Sheriff
(540)
667-5770
5 N. Kent St.
Winchester, VA 22601
Same (540)
667-6438
Treasurer Jeffrey L. Barbour
City Treasurer
(540)
667-1815
15 N. Cameron St.
Winchester, VA 22601
Same (540)
662-2672
Voter Registrar Elizabeth Martin
General Registrar
(540)
545-7910
107-A N. East Lane
Winchester, VA 22601
Same (540)
545-7925
Economic Development Authority Tyler Scheck
EDA PIO
Acting Economic Redevelopment Director
(540)
667-1815
15 N. Cameron St.
Winchester, VA 22601
Same (540)
722-3618

The Virginia Freedom of Information Act

The Virginia Freedom of Information Act (FOIA), § 2.2-3700 through § 2.2-3714 of the Code of Virginia, is the primary state law governing citizen access to public records and entry to meetings of public bodies. The Virginia FOIA guarantees citizens of the Commonwealth of Virginia and representatives of the media access to public records held by public bodies, public officials and public employees within five working days (unless an extension is invoked).

Your FOIA Rights

  • You have the right to request to inspect or receive copies of public records, or both.
  • You have the right to request that any charges for the requested records be estimated in advance.
  • If you believe that your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance with FOIA.

The FOIA Request

The Virginia Freedom of Information Act requires that public records be made available to citizens and the media for copying and/or inspection. FOIA refers to records that are in existence and does not require that the City of Winchester create records. The City of Winchester may abstract and summarize records, by agreement with the requestor.  Agencies are under no obligation to extend benefits of FOIA to requests to individuals and media bodies residing outside of Virginia.

A Public Record

A public record is a writing or recording, regardless of whether it is a paper record, an electronic file, an audio or video recording, or in any other format that is owned or prepared 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, and may only be withheld if a specific, statutory exemption applies. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.

FOIA requests do not need to include the word “FOIA”, but all requests must include the name and address of the requestor and the request must be reasonably specific. The day after the FOIA Officer receives the request is considered the first day of the maximum five-working-day response period. The five-day period does not include weekends or holidays:

  • Mail - If received by mail, the FOIA Officer will date stamp the letter. This stamp signifies the official date of receipt.
  • Email - The date that the FOIA Officer opens the email is the official date of receipt of the request.
  • Telephone and Walk-In – A “FOIA Request Form” is available should the requestor wish to complete it or the staff person assisting the requestor may fill it out to help clarify the request.  Note, the City may not require the requestor to fill out a form if they choose not to do so.  In the event a requestor refuses to fill out a form, staff should do so on their behalf.  The form must include the date, the name and address of the requestor, and specific information about the public record that is being requested. A telephone number is very useful, yet, it is not required to be provided. **A “FOIA Request Form” may be substituted by an email that lists all required information as stated above.

Types of Records

The following is a general description of the types of records held by the City of Winchester:

  • Personnel records concerning employees and officials of the City
  • Records of contracts which the City has entered into 
  • City Council records, resolutions, and action items
  • Minutes of Council, Board, and Commission meetings
  • Police reports and records. Including but not limited to: incident/investigation reports, communication event reports, body worn camera video, dash cam video, and crash reports
  • Police calls for service
  • 911 communication records
  • Fire & Rescue records
  • Zoning records
  • Permits and licenses
  • Public Works records such as storm water and wetlands records 
  • Site plans and variances
  • Enforcement records
  • Building records 
  • Other records concerning the transaction of City business.

Please note that you may not be entitled to these records due to any exemptions that may apply (see Commonly Used Exemptions).

If you are unsure whether the City has the record(s) you seek, please contact the respective FOIA Officer.

Public Meetings

All meetings of all public bodies, as defined in FOIA, as well as any meetings of their committees or sub-committees, are generally required to be open meetings, subject to certain exceptions spelled out in the Act. An open meeting is a meeting open to the members of the public.

Under FOIA, for there to be a "meeting" subject to the Act, there must be at least three members of the body, or a quorum of the public body if less than three, present for the purpose of discussing or transacting public business. A gathering of public employees is not a meeting under the Act.

During the course of a public meeting, a public body may go into a closed meeting to discuss certain specific types of matters set forth in FOIA. In order to do so, the public body must follow the specific procedures set forth in VFOIA to go into and come out of closed session.

FOIA permits members of the public to photograph or record (audio, visual, or audio-visual) public meetings. It also permits public bodies to adopt reasonable rules concerning the use of cameras and recorders, designed to prevent disruption.

All City Council regular meetings (excluding emergency meetings) are recorded via video and/or audio devices.

Making a Request for Records from the City of Winchester

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.   However, for your convenience, a FOIA request form is available online.

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 us a clear statement of what records you are requesting, so that there is no misunderstanding over a verbal request. However, we 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 that we can identify and locate the records that you are seeking.

Your request must ask for existing records or documents. FOIA gives you a right to inspect or copy public records; it does not apply to a situation where you are asking general questions about the work of the City or any department, nor does it require the City to create a record that does not exist.

You may request to receive electronic records in any format used by the City in the regular course of business. For example, if you are requesting records maintained in an Excel database, you may request to receive those records electronically, via e-mail or on a computer disk, or to receive a printed copy of those records.  The City will make efforts to oblige such a request to the extent reasonably practicable.

If we have questions about your request, please cooperate with staff's efforts to clarify the type of records that 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 we may need to discuss your request with you to ensure that we understand what records you are seeking.

You may also mail or email your request for records. Direct your request to the department that is the custodian of the record or the FOIA Officer.

Responses to FOIA Requests

Virginia FOIA outlines the five possible responses to a FOIA request. If a request is being denied, or records are not being provided according to the request, the FOIA Officer must respond in writing.

The Five Possible Responses:

  1. The requested records are being provided and are enclosed.
  2. The requested records are being provided in part and withheld in part because the release of part of the record is prohibited by law. The law must be properly cited in the response and include the Virginia Code Section exemption.
  3. It is not practically possible to produce the records within five working days and we will need to invoke an extension. – An extension notification must be made in writing. This extension must be made within the five day response time-frame, and will add an additional seven working days to the response time, totaling 12 working days.
  4. The requested records are being entirely withheld because their release is prohibited by law or the City of Winchester has exercised its discretion to withhold the records in accordance with FOIA. The law must be properly cited in the response and include the Virginia Code Section exemption.
  5. The requested records could not be found or do not exist.

If you make a request for a very large number of records, and we feel that we cannot provide the records to you within 12 working days without disrupting our other organizational responsibilities, we may petition the court for additional time to respond to your request. However, FOIA requires that we make a reasonable effort to reach an agreement with you concerning the production or the records before we go to court to ask for more time.

Commonly Used Exemptions

The Code of Virginia allows any public body to withhold certain records from public disclosure. Click here to view a list of commonly-used exemptions

Charges

FOIA (§2.2-3704 of the Code of Virginia) makes provisions for local government agencies to charge for requested records, yet charging for records is not mandatory. The Winchester FOIA Office makes reasonable charges for the actual costs incurred in accessing, duplicating, supplying, searching for or redacting requested records. Charges must be fair and may not include extraneous or surplus fees unrelated to the production of the records. It is the goal of the Winchester FOIA Office to keep production costs as low as possible.

Citizens and members of the media may request an estimate of the cost of supplying the requested records in advance of the staff searching for and duplicating the records.

If estimate is over $200 — An estimate of charges will be explained to the requestor prior to staff starting the FOIA request response. If it is estimated that the cost to produce documents will exceed $200, the City of Winchester will request a 50% deposit prior to performing the work. The deposit will be applied to the total bill upon completion of the FOIA request. If remaining balance is not paid in 30 days, the requestor will be notified that new FOIA requests will not be processed until payment in full has been received.