FOIA

Your Right to Public Records

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. A public record is any writing or recording — paper, electronic, or other format — prepared or owned by, or in the possession of, the Town of Stuart or its officers, employees, or agents in the transaction of public business. All public records are presumed open and may be withheld only if a specific, statutory exemption applies.

How to Request Records

You may request records by phone, by mail, by email, or in person. Requests do not need to be in writing, and you do not need to give a reason, though a written request helps us respond accurately. Your request should identify the records you seek with reasonable specificity. You must provide your name and legal address. Direct requests to the Town’s FOIA Officer:

FOIA Officer: Bryce Simmons, Town Manager
Town of Stuart, 100 Patrick Avenue / P.O. Box 422, Stuart, VA 24171
Phone: 276-694-3811 • Email: bryce.simmons@stuartva.org

The Town’s Responsibilities

The Town must respond within five working days of receiving a request in one of four ways: (1) provide the records; (2) withhold all records under a specific exemption, citing the Code section in writing; (3) provide some records and withhold others, citing the exemption in writing; or (4) state in writing that the records could not be found or do not exist. If it is practically impossible to respond within five working days, the Town may invoke a seven-working-day extension by notifying you in writing.

Types of Records We Maintain

The Town of Stuart routinely maintains records including: Town Council agendas, minutes, ordinances, and resolutions; budgets and financial reports; utility billing records; personnel records; zoning and land-use records; contracts and procurement records; and correspondence related to Town business. Some records or portions of records are exempt from mandatory disclosure under Virginia law — common exemptions include personnel records (§ 2.2-3705.1), records subject to attorney-client privilege, and certain utility customer account information. The Town reviews each request individually and does not withhold entire categories of records as a matter of policy.

Charges

The Town may charge the actual cost of accessing, duplicating, supplying, or searching for requested records, not to exceed actual cost (§ 2.2-3704(F)). You may ask for a cost estimate in advance. If the estimated cost exceeds $200, the Town may require a deposit before processing the request. There is no charge for many routine requests.

Questions or Comments

For more information about FOIA, contact the Virginia Freedom of Information Advisory Council at foiacouncil.dls.virginia.gov or (866) 448-4100. You may comment on the quality of assistance provided by the Town using the FOIA Council’s online public comment form: FOIA Council Public Comment Form.