The Virginia Freedom of Information Act (FOIA), located at § 2.2-3700 et seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees. The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. 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 redacted or withheld must be interpreted narrowly.
A public record is any writing or recording — regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format — 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, and may only be redacted or withheld if a specific, statutory exemption applies.
Types of Public Records Maintained by Mason Police
Mason Police maintains a wide variety of public records including, but not limited to:
- Incident Reports
- Audio Recordings
- Video Recordings
- Call for Service Records
- Other Report Records
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.
Mason Police’s Responsibilities in Responding to Your Request
- Mason Police 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 Mason Police is irrelevant, and we cannot ask you why you want the records before we respond to your request. FOIA does, however, allow Mason Police to ask you to provide your name and legal address.
- FOIA requires that Mason Police make one of the following responses to your request within the five-day time period:
- We provide you with the records that you have requested in their entirety;
- We withhold 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, we must send you a response in writing. That writing must identify the type and subject matter of the records being withheld, and state the specific section of the Code of Virginia that allows us to withhold the records;
- We provide some of the records that you have requested, but withhold other records. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld, and must provide you with the remainder of the record. We 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; or
- If it is practically impossible for Mason Police to respond to your request within the five-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us seven additional working days to respond to your request, giving us a total of 12 working days to respond to your request
- 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 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.
Costs
A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. 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. All charges for the supplying of requested public records shall be estimated in advance at the request of the citizen as set forth in subsection F of § 2.2-3704 of the Code of Virginia.
In plain language, the above paragraph means: You may have to pay for the records that you request from Mason Police. FOIA allows us 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. You may request that we estimate in advance the charges for supplying the records that 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 we estimate that it will cost more than $200 to respond to your request, we may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond.
If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, Mason Police may require payment of the past-due bill before it will respond to your new FOIA request.
Tips for Making a Request for Public Records from Mason Police
You may request public records by U.S. Mail, fax, online form, 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 us a clear statement of what records you are requesting, so 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 you be specific enough so we 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 Mason Police, nor does it require Mason Police to create a record that does not exist.
To be helpful in the process, FOIA requests should be as detailed as reasonably possible and outline the specific information, records, or documents you are seeking. Please include your full name and legal address as the requestor, who you represent (if applicable), the incident number (if applicable), and any other relevant details to aid in locating the records or documents you are seeking.
A FOIA Liaison Officer, or other University representative, may contact you to clarify your request. This is to ensure we understand your request fully and can properly and efficiently complete your request.
Submit a FOIA Request for Police Records Online
Online submission form: FOIA Request for Police Records.
Commonly Used Exemptions
The Code of Virginia allows any public body to withhold certain records from public disclosure. Mason Police commonly withholds records subject to the following exemptions:
- Identity of any victim, witness, or undercover officer. See Va. Code §§ 2.2-3706(B)(10) and 2.2-3706.1(D).
- Criminal investigation is ongoing. See Va. Code § 2.2-3706.1(C)(1).
- Personnel information. See Va. Code § 2.2-3705.1(1).
- Release would deprive a person of a right to a fair trial or an impartial adjudication. See Va. Code § 2.2-3706.1(C)(2).
- Protect sensitive personal information. See Va. Code §§ 2.2-3706(D) and 2.2-3706.1(C)(6).
- Law-enforcement investigative techniques and procedures. See Va. Code § 2.2-3706.1(C)(5).
- Juvenile arrestee. See Va Code § 2.2-3706(2).
- Reports submitted in confidence. See Va. Code § 2.2-3706(B)(2).
- Undercover operations or protective details. See Va. Code § 2.2-3706(B)(8).
- Written advice of legal counsel protected by the attorney-client privilege. See Va. Code § 2.2-3705.1(2).
- Legal memoranda and other work product compiled specifically for use in litigation or for use in an active administrative investigation. See Va. Code § 2.2-3705.1(3).
- Confidential information provided to or obtained by staff in a rape crisis center or a program for battered spouses. See Va. Code § 2.2-3705.2(1).
- Subscriber data provided by a communications services provider to a public body that operates a 911 emergency dispatch system. See Va. Code § 2.2-3705.2(6).
- Information held by a threat assessment team. See Va. Code Va. Code § 2.2-3705.4(A)(8).
- Specific tactical plans. See Va. Code § 2.2-3706(B)(5).
- Telephone numbers for cellular telephones provided to personnel for use in the performance of official duties. See Va. Code § 2.2-3706(B)(7).
- Educational records and certain records of educational institutions. See Va. Code § 2.2-3705.4.
Public Comment Form
The online public comment form on the Freedom of Information Advisory Council’s website is available at http://foiacouncil.dls.virginia.gov/sample%20letters/welcome.htm.
Contact Information and University FOIA Policy
- Mason Police FOIA Liaison Officer: pdfoia@gmu.edu
- University FOIA Compliance Officer: sharri42@gmu.edu
- University FOIA Policy: https://universitypolicy.gmu.edu/policies/responding-to-virginia-freedom-of-information-act-foia-requests-for-records/