The Town of Vienna is a proponent of government transparency and strives to respond to resident questions and requests for information promptly. Under the Virginia Freedom of Information Act (FOIA), Virginia residents have the right to inspect or receive copies of public documents.

Requests for information may be submitted informally directly to the appropriate Town department via phone call or email or FOIA requests may be submitted more formally via:

• Email: karen.thayer@viennava.gov
• Phone: 703-255-6330
• Mail or in person to:
  Karen Thayer, Public Information Officer
  Town of Vienna
  127 Center St., S
  Vienna, VA 22180

Public records

A public record is any writing or recording – including paper records, electronic files, audio and video recordings, among other formats – that is prepared, owned, or in possession of a public body or its officers, employees, or agents as it transacts public business. All public records are presumed to be open and may be withheld only if a specific, statutory exemption applies.

Common exemptions

The Code of Virginia allows public bodies to withhold certain records from public disclosure. Exemptions may include:

• personnel records
• active criminal investigations
• records subject to attorney-client privilege or attorney work product
• vendor proprietary information
• records relating to negotiation and award of a contract or acquisition of property prior to a contract being awarded or purchase terms being finalized, where such disclosures would jeopardize the Town’s negotiating position
• certain taxpayer information such as gross receipts of a specific business used to calculate a business tax
• proprietary economic development and retention records
• records created exclusively for use in lawfully held closed sessions
• public safety records related to responses to terrorist activity and documents related to facilities security.

Response time

The Town is required to respond to FOIA requests within five working days by doing one of the following:

• providing the records requested
• withholding records or redacting parts of records due to specific, allowed exemptions
• informing the requestor that we do not have or cannot find the records requested
• notifying the requester that an additional seven days is needed to respond and explaining conditions that make the extension necessary.

This five-day response period does not include weekends and holidays – and may be delayed if a cost estimate is requested. Day one is considered to be the day after the request is received or the day after the cost estimate has been approved.

Charges

The Town assesses reasonable charges in accordance with Virginia State Code 2.2-3704(F).  The Town charges for the following:

Staff Labor – The Town assesses reasonable charges not to exceed its actual cost incurred in accessing, duplicating, assembling, supplying, or searching the requested records. The Town shall make reasonable efforts to supply the requested records at the lowest cost.  The Town uses a tiered-rate for FOIA-related staff labor charges.  Each Town employee falls within a salary pay range based on the employee’s salary grade.  The Town will use the lowest hourly rate within the employee’s pay band for FOIA requests. 

Record Sharing Mediums – Goods used to provide records such as thumb drives, DVRs, CDs, cassettes, etc.  will be billed at their actual cost to the Town. 

Postage and Delivery Fees – If the requested delivery method is by US Mail or other delivery service, actual costs for these services will be assessed to the requester. 

Outside Vendor or Contractor Copying/Scanning Charges – If a copy of large documents is requested, the Town may need to use an outside vendor.  Charges imposed by the vendor will be assessed to the requester.

Cost estimates are provided in advance of fulfilling a FOIA request.  If the Town estimates that the cost will be more than $200, a deposit may be required.  If you owe the Town money from a previous FOIA request that is more than 30 days past due, the Town may require payment of the previous bill before responding to the new FOIA request.  If the Town provides an estimate and the requestor does not respond within 30 days, the request is withdrawn.

FOIA Advisory Council

The Virginia Freedom of Information Advisory Council can provide answers related to FOIA.