How to File a Public Records Request in Fairfax, Virginia

What Is the Virginia Freedom of Information Act?

The Virginia Freedom of Information Act (VFOIA), located at Code of Virginia §§ 2.2-3700 through 2.2-3714, guarantees citizens of the Commonwealth and representatives of the media the right to inspect and copy public records held by government bodies, public officials, and public employees. The law is built on a foundational presumption: all public records are open and available unless a specific statutory exemption is properly invoked.

A public record under VFOIA is any writing or recording — regardless of whether it is a paper document, electronic file, email, audio recording, video, 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. For the City of Fairfax, this includes building permits, city council meeting minutes, contracts, police incident reports, budget documents, and official correspondence.

Common exemptions include personnel records, certain law enforcement and criminal investigative files, attorney-client communications, health and medical records, and records revealing security or anti-terrorism measures. However, all exemptions are discretionary and must be narrowly construed — the burden is on the City to justify withholding a record, not on the requester to prove entitlement to it. The City may not withhold an entire record just because a portion is exempt; only the exempt portions may be redacted.

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 Fairfax

How to Submit Your Request

The City of Fairfax accepts FOIA requests through its online portal, by email, by mail, or in person. The most efficient method is the online FOIA portal at fairfaxva.gov/Government/Records, which allows you to submit your request electronically and track its status. You can also email your request directly to FOIA@fairfaxva.gov or call the City Clerk's Office at (703) 385-7935 for guidance. If you prefer to submit in person or by mail, send your written request to the City Clerk's Office at City Hall, Room 316, 10455 Armstrong Street, Fairfax, VA 22030, during regular business hours (Monday through Friday, 8:30 AM to 5:00 PM). No special form is required — a clearly written request identifying the records you seek with reasonable specificity is sufficient. Under VFOIA, you must provide your name and legal address. You do not need to state a reason for your request.

What to Include in Your Request

• Your full name and legal mailing address (required by VFOIA)
• A reasonably specific description of the records you are seeking (dates, subject matter, department, or document type)
• Your preferred format for receiving records (electronic PDF, paper copies, etc.)
• A request for a cost estimate in advance if you are concerned about potential fees
• Contact information (email or phone) where the City can reach you with questions or updates
• Any relevant date ranges that would help narrow the search
• The specific department or program you believe holds the records, if known

Response Deadlines and What to Expect

Under Virginia Code § 2.2-3704, the City of Fairfax must respond to your FOIA request within five working days of receipt. "Day One" is the first working day after your request is received, and weekends, holidays, and days when City offices are closed do not count toward the deadline.

Within that five-day window, the City must take one of four actions: (1) provide all requested records in their entirety; (2) withhold all records and provide a written explanation identifying the volume and subject matter of withheld records along with the specific statutory exemption that justifies denial; (3) provide some records while withholding others, citing the exemption for each withheld portion; or (4) notify you in writing that the City needs up to seven additional working days to fulfill the request. If only part of a record is exempt, only that portion may be redacted — the remainder must be disclosed.

For very large or complex requests, if the City cannot respond within 12 working days without substantially disrupting its operations, it may petition a court for additional time — but only after making a good-faith effort to reach an agreement with the requester about production of the records.

Regarding fees, the City may charge reasonable fees not exceeding its actual cost to access, duplicate, supply, or search for records. If estimated costs will exceed $200, the City may require a deposit before proceeding. Requesters have the right to ask for a written cost estimate in advance under § 2.2-3704(F).

What to Do If Your Request Is Denied or Delayed

If the City of Fairfax denies your request, partially withholds records, or fails to respond within five working days, you have several options — and the law is on your side.

First, review the denial letter carefully. Under VFOIA, any denial must identify the specific section of the Code of Virginia that justifies withholding each record or portion. If the City has not cited a specific exemption, or if the cited exemption does not clearly apply, that is grounds to push back. Start by contacting the City Clerk's Office or the FOIA officer directly to ask for clarification or a revised response. Misunderstandings about the scope of a request are common and can often be resolved informally.

If informal resolution fails, you can request a nonbinding advisory opinion from the Virginia Freedom of Information Advisory Council (FOIA Council) at foiacouncil@dls.virginia.gov or (804) 698-1810 / toll-free 1-866-448-4100. The FOIA Council is a state agency staffed by legal experts who interpret VFOIA and can issue written opinions — at no cost to you — about whether the City's response complied with the law. While advisory opinions are nonbinding, they carry significant weight and often prompt agencies to reconsider a denial.

If you want enforceable relief, your ultimate remedy is to file a petition for mandamus or injunction in the general district court or circuit court for the City of Fairfax, under Virginia Code § 2.2-3713. You do not need to exhaust any administrative appeal process before going to court. If you prevail, the court may award attorney fees and costs, and may impose civil penalties on the public body or responsible official under § 2.2-3714.

Steps to Appeal

1. Contact the City Clerk's Office or FOIA officer directly to seek clarification or request reconsideration of a denial — many disputes are resolved at this stage.
2. Review the denial letter for the specific statutory citation; if no exemption is cited, or if the citation does not apply to your records, note this in writing to the City.
3. Request a written cost estimate if fees seem unreasonably high — under § 2.2-3704(F), you are entitled to an advance estimate before the City proceeds.
4. Contact the Virginia Freedom of Information Advisory Council for a free nonbinding advisory opinion: email foiacouncil@dls.virginia.gov or call (804) 698-1810 / 1-866-448-4100.
5. Submit a formal written appeal to the City Clerk restating your request and challenging the specific exemption invoked, citing the FOIA Council's advisory opinion if obtained.
6. File a petition for mandamus or injunction in the General District Court or Circuit Court for the City of Fairfax under Virginia Code § 2.2-3713, which does not require exhausting administrative remedies first.
7. If you prevail in court, seek an award of attorney fees and costs under § 2.2-3714; courts may also impose civil penalties on the public body or responsible official.

Types of Records You Can Request from Fairfax, Virginia

As an independent city with its own full municipal government, the City of Fairfax maintains a wide range of records that are subject to VFOIA. Below are examples of the types of records you can request directly from City departments.

• City Council meeting minutes, agendas, and resolutions
• City budget documents, financial reports, and audits
• Building permits, zoning applications, and land use approvals
• City contracts and procurement records (bids, awards, vendor agreements)
• Police incident and arrest reports (subject to applicable law enforcement exemptions)
• City employee salary records and organizational charts
• Code enforcement actions and inspection records
• Traffic and accident report data maintained by Fairfax City Police
• Planning and zoning board meeting records and variance decisions
• City park and recreation department program records and financials
• Environmental inspection and compliance records
• City-owned property records and real estate transactions
• Correspondence and emails of city officials regarding public business
• Emergency management and public safety plans (non-sensitive portions)
• Grant applications and awards received by the City

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

Tips for Effective Public Records Requests in Fairfax