How to File a Public Records Request in Fredericksburg, Virginia

What Is the Virginia Freedom of Information Act?

The Virginia Freedom of Information Act (VFOIA), codified at Code of Virginia §§ 2.2-3700 through 2.2-3714, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees. The law makes clear that the affairs of government are not intended to be conducted in an atmosphere of secrecy, and it requires that every public record be presumed open unless a specific statutory exemption applies.

A public record under VFOIA is broadly defined as any writing or recording — regardless of whether it is a paper document, an electronic file, an audio or video recording, or any other format — that is prepared, owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public business. This includes meeting minutes, city contracts, email correspondence, building permits, police incident reports, budget documents, and more.

VFOIA contains more than 100 statutory exemptions, organized in §§ 2.2-3705.1 through 2.2-3705.7. Commonly invoked exemptions include personnel records, attorney-client privilege, criminal investigative files, vendor proprietary software, and pre-award contract negotiation records. Critically, exemptions are discretionary — a public body may choose to disclose even exempt records — and must be construed narrowly. The burden of proving that a record is properly withheld rests entirely on the public body, not the requester.

Read the full text of the Virginia Freedom of Information Act (Code of Virginia §§ 2.2-3700 through 2.2-3714)

How to File a Public Records Request with the City of Fredericksburg

How to Submit Your Request

Fredericksburg does not require a specific form or written request to invoke VFOIA — a verbal or written request is legally sufficient. However, the City strongly recommends submitting your request by email to [email protected], as this creates a written record of your request, helps staff understand exactly what you’re seeking, and allows eligible records to be delivered electronically without additional delay or cost. You may also submit your request by mail to the Clerk of Council’s Office at 715 Princess Anne Street, Room 201, Fredericksburg, VA 22401, or in person during business hours. For police records specifically, submit requests to the Fredericksburg Police Department FOIA officer at [email protected]. The Clerk of Council also handles requests for advisory bodies appointed by City Council, such as the Planning Commission and Architectural Review Board.

What to Include in Your Request

• Your full name and mailing address (the City may require this before responding)
• A specific description of the records you are requesting, with sufficient detail for staff to locate them
• The date range or approximate time period of the records, if applicable
• Your preferred format for receiving records (electronic files, paper copies, in-person inspection)
• A request for a cost estimate in advance, if you want to know fees before the City proceeds
• Whether you want to inspect the records, receive copies, or both
• Contact information (email or phone) so staff can follow up with questions

Response Deadlines and What to Expect

Under Code of Virginia § 2.2-3704, the City of Fredericksburg must respond to your request within five working days of receipt. “Day One” is counted as the first working day after the City receives your request, and weekends and legal holidays are excluded from the count.

Within that five-day window, the City must take one of the following actions: (1) provide all requested records; (2) withhold all records, with a written explanation citing the specific Code of Virginia section authorizing each withholding; (3) provide some records and withhold others, again with a written citation; (4) inform you in writing that the records cannot be found or do not exist; or (5) notify you in writing that it is practically impossible to respond within five days, explaining the circumstances. If the City invokes the fifth option, it is entitled to an additional seven working days to respond. For very large requests, the City may seek additional time by petitioning the circuit court if a reasonable agreement on timing cannot be reached.

Regarding fees: the City may charge reasonable costs not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for records. No extraneous overhead fees may be charged. If the estimated cost exceeds $200, the City may require a deposit before proceeding. You have 30 days to accept a cost estimate before your request is deemed withdrawn. You may request a cost estimate in advance at any time.

What to Do If Your Request Is Denied or Delayed

If the City of Fredericksburg withholds records or fails to respond within the five-working-day deadline, you have several options. Understanding them — and using them in the right order — gives you the best chance of getting the records you’re entitled to.

First, a missing response is itself a potential violation. Under VFOIA, the City must respond within five working days. If you hear nothing, follow up in writing immediately and document the date you sent your original request.

If records are withheld, the City must tell you in writing which specific section of the Code of Virginia authorizes the denial, and identify the volume and subject matter of the records withheld. A blanket denial without citation is procedurally improper. The City cannot withhold an entire record simply because one portion is exempt — it must provide all non-exempt portions with the exempt sections redacted.

Common denial reasons include personnel records (§ 2.2-3705.1(1)), attorney-client privilege (§ 2.2-3705.1(2)–(3)), and criminal investigative files (§ 2.2-3706). Exemptions under VFOIA are discretionary, not mandatory, so you can always ask the City to exercise its discretion to disclose.

Virginia has no formal administrative appeal process — there is no agency to appeal to before going to court. However, the Virginia Freedom of Information Advisory Council ([email protected]; (804) 225-3056 or toll-free 1-866-448-4100) can issue nonbinding advisory opinions that sometimes prompt agencies to reconsider a denial. This step is free, fast, and often effective.

If informal efforts fail, you may file a petition for mandamus or injunction in Fredericksburg’s general district court or circuit court under § 2.2-3713. The petition must be heard within seven days of filing. If you substantially prevail on the merits of your case, the court may award you reasonable costs and attorney fees from the City under § 2.2-3713(D), unless special circumstances would make such an award unjust.

Steps to Appeal

1. Document your request: Send your VFOIA request in writing and retain a copy with the date sent. If you submitted verbally, follow up in writing immediately to create a record.
2. Follow up on non-response: If five working days pass without any response, email or call the Clerk of Council at (540) 372-1022. Note that the five-day clock excludes weekends and holidays.
3. Review the denial letter: If the City withholds records, it must cite the specific Code of Virginia section authorizing the withholding. Verify that the cited exemption actually applies to your request and that no non-exempt portions were improperly withheld.
4. Request reconsideration: Reply in writing to the Clerk of Council explaining why you believe the exemption does not apply or was incorrectly applied. Cite the relevant statute and ask the City to reconsider or exercise its discretion to disclose.
5. Contact the VFOIA Advisory Council: Request a nonbinding advisory opinion from the Virginia Freedom of Information Advisory Council at [email protected] or (804) 225-3056 / 1-866-448-4100. Advisory opinions are free and may prompt the City to reconsider its position.
6. File a court petition: If informal resolution fails, file a petition for mandamus or injunction in Fredericksburg’s General District Court or Circuit Court under Code of Virginia § 2.2-3713. The petition must be heard within seven days of filing, and the City bears the burden of proving its exemptions by a preponderance of the evidence.
7. Seek attorney fees: If you substantially prevail on the merits of your court case, request an award of reasonable costs and attorney fees from the City under § 2.2-3713(D). The award is available unless the court finds special circumstances making it unjust.

Types of Records You Can Request from Fredericksburg, Virginia

The City of Fredericksburg maintains a wide variety of public records across its departments. Under VFOIA, all of the following are presumed open and available upon request.

• City Council meeting minutes, agendas, ordinances, and resolutions
• City budget documents, financial statements, and audit reports
• Building permits, zoning applications, and land-use records from the Department of Community Planning and Building
• City contracts and procurement records (after contract award)
• Police incident reports and criminal incident information from the Fredericksburg Police Department
• Code enforcement records and inspection reports
• City employee salary and compensation data (excluding personal personnel file contents)
• Planning Commission and Architectural Review Board records and minutes
• Environmental permits and inspection records
• Grant applications and award documents
• City-owned property records and real estate transactions
• Emergency management plans and after-action reports
• Traffic and transportation studies
• City infrastructure project records, including design and engineering documents
• Correspondence of city officials conducted in the transaction of public business

If you’re unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Fredericksburg to justify withholding — not on you to pre-determine what’s available.

Tips for Effective Public Records Requests in Fredericksburg