Understanding FOIA Requests in Virginia Local Government & Municipal Law

Written by: David Husar

As attorneys working closely with local governments in Virginia, we regularly advise public bodies on compliance with the Virginia Freedom of Information Act (FOIA), a powerful statute that ensures transparency in government operations. FOIA allows citizens access to public records and meetings, reinforcing the principles of open government. For municipalities, counties, and other local agencies, understanding and properly responding to FOIA requests is not only a legal obligation—it’s essential to maintaining public trust.

Virginia FOIA applies to all public records and meetings unless specifically exempted. This includes emails, memos, reports, contracts, and more—regardless of format—as long as they relate to public business. For local government officials and employees, it’s critical to understand what constitutes a public record and to have procedures in place for timely and accurate responses. By law, public bodies must respond to FOIA requests within five working days. They may provide the records, deny the request (citing an applicable exemption), or request an extension if more time is needed.

Common exemptions that may apply include records related to ongoing investigations, certain personnel information, and attorney-client communications. Misunderstanding or misapplying these exemptions can lead to legal challenges or damage to a public body’s credibility. As legal counsel, we often assist municipalities in navigating these nuances to avoid unintentional disclosure of sensitive information or unnecessary denials that could prompt litigation.

Another challenge in FOIA compliance is managing electronic communications, especially with the rise of emails, text messages, and virtual meetings. Local government entities must be aware that digital correspondence concerning public business is still subject to FOIA, even when conducted on personal devices. Training and clear internal policies are key to ensuring staff understand their obligations and preserve relevant records.

Ultimately, FOIA compliance isn’t just about avoiding penalties—it’s about promoting accountability and transparency. Local governments that embrace this mindset, with legal guidance and consistent internal practices, are better positioned to serve their communities and build lasting public confidence.

If your municipality or agency needs assistance with FOIA compliance, proper response protocols, or training for staff, David Husar and the team at VFN Law are ready to help. Contact us to schedule a consultation and ensure your organization is fully prepared to meet its obligations under Virginia FOIA.

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This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer