How to File a Public Records Request in Suffolk, Virginia

What Is the Virginia Freedom of Information Act?

The Virginia Freedom of Information Act (VFOIA), 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 law's foundational principle is clear: the affairs of government are not to be conducted in secrecy, and the public is the beneficiary of every action taken at any level of government.

A public record under VFOIA is broadly defined as 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. This encompasses meeting minutes, contracts, emails, permits, inspection reports, budget documents, and much more.

All public records are presumed open and may only be withheld if a specific statutory exemption applies. Common exemptions include certain personnel records, ongoing criminal investigative files, attorney-client privileged communications, health and medical records, and security-related information. Exemptions are discretionary and must be narrowly construed — the burden of justifying any withholding rests on the City of Suffolk, not on 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 Suffolk

How to Submit Your Request

The City of Suffolk launched a dedicated online FOIA portal powered by JustFOIA in September 2023, and online submission is the most efficient method. You can submit a new request at suffolkva.justfoia.com/publicportal. You may also email your request to foia@suffolkva.us, mail a written request to the FOIA Office at 442 West Washington Street, Suite 1163, Suffolk, VA 23434, or submit in person at City Hall during business hours. Virginia law does not require your request to be in writing or to specifically cite FOIA — but a written request creates a clear record and prevents misunderstandings. You do not need to state a reason for your request. The FOIA Officer, Jennifer Moore, is available by phone at (757) 514-4100 if you have questions about the process.

What to Include in Your Request

• Your full name and mailing address (the city may require these under Va. Code § 2.2-3704)
• A specific, clear description of the records you are seeking (reasonable specificity is required)
• Your preferred format for receiving records (electronic, paper, or inspection)
• A request for a cost estimate in advance if you are concerned about fees
• Your preferred method of delivery (email, mail, or pick-up)
• The time period covered by the records, if applicable (e.g., January 2023 through December 2024)
• Contact information such as phone number or email so the FOIA officer can follow up with questions

Response Deadlines and What to Expect

Under Va. Code § 2.2-3704, the City of Suffolk must respond to your FOIA request within five working days of receiving it. "Day One" is counted as the day after your request is received. Weekends, holidays, and other days when City Hall is closed do not count toward the five-day period.

The City's response must take one of the following forms: provide all requested records in full; provide records in part while withholding others (with specific statutory citations for any withholding); withhold all records (with written explanation citing the applicable exemption); state that the records cannot be found or do not exist; or notify you in writing that it is practically impossible to respond within five days, triggering a seven-day extension — for a total maximum of 12 working days.

For very large or complex requests, if the City cannot comply within 12 working days without disrupting its operations, it may petition the court for additional time — but only after making a reasonable effort to reach an agreement with you first.

Fees are governed by Va. Code § 2.2-3704(F). Before beginning a search, the City must notify you in writing that charges may apply and offer a cost estimate upon request. Charges are limited to actual cost — covering staff time, duplication, and related expenses. No overhead or extraneous fees may be added. If the estimated cost exceeds $200, the City may require a deposit before proceeding. You have the right to request a fee estimate before authorizing work to begin.

What to Do If Your Request Is Denied or Delayed

If the City of Suffolk fails to respond within five working days, withholds records without proper justification, or provides an inadequate response, you have several meaningful options.

Start by contacting the FOIA Officer directly. Jennifer Moore at foia@suffolkva.us or (757) 514-4100 may be able to resolve the issue quickly, particularly if there was a miscommunication about the scope of your request. Virginia law encourages public bodies to make reasonable efforts to reach agreement with requesters, and many disputes are resolved informally.

If informal resolution fails, consider requesting a nonbinding advisory opinion from the Virginia Freedom of Information Advisory Council. The Council was created by the General Assembly to interpret and explain VFOIA, and its opinions — while not legally binding — carry persuasive weight and can prompt agencies to comply. Reach the Council at foiacouncil@dls.virginia.gov or (866) 448-4100.

If the City withholds records, it must provide a written response identifying the volume and subject matter of the withheld records and citing the specific section of the Code of Virginia that authorizes the withholding. If the stated exemption doesn't actually apply — or if the entire record was withheld when only a portion is exempt — that is a denial subject to appeal.

As a last resort, you may file a petition for mandamus or injunction in general district court or circuit court under Va. Code § 2.2-3713. Virginia law is favorable to successful requesters: if you substantially prevail on the merits of your case, the court shall award reasonable attorney fees and costs from the public body, unless special circumstances make such an award unjust (Va. Code § 2.2-3713(D)). Officials who willfully and knowingly violate VFOIA may also be subject to civil penalties of $500–$2,000 for a first offense and $2,000–$5,000 for subsequent violations under Va. Code § 2.2-3714.

Steps to Appeal

1. Contact the FOIA Officer directly — reach Jennifer Moore at foia@suffolkva.us or (757) 514-4100 to clarify your request or challenge an improper withholding.
2. Review the denial letter — the City must cite the specific Code of Virginia section justifying any withholding; check whether that exemption actually applies to your records.
3. Request an advisory opinion from the Virginia Freedom of Information Advisory Council at foiacouncil@dls.virginia.gov or (866) 448-4100 — opinions are nonbinding but can persuade the City to reconsider.
4. Document all communications — keep copies of your original request, any acknowledgment emails or letters, and the denial response, noting all relevant dates.
5. Consult a media law attorney or contact the Virginia Coalition for Open Government (opengovva.org) for guidance before filing suit.
6. File a petition for mandamus or injunction in Suffolk General District Court or Suffolk Circuit Court under Va. Code § 2.2-3713 — no administrative appeal is required first.
7. If you substantially prevail in court, seek an award of reasonable attorney fees and costs from the City under Va. Code § 2.2-3713(D) — the standard requires that you substantially prevail on the merits, unless special circumstances make an award unjust.

Types of Records You Can Request from Suffolk, Virginia

The City of Suffolk generates and maintains a broad range of public records across its many departments. Below are common categories of records that Virginia citizens frequently request from municipal governments.

• City Council meeting minutes, agendas, and resolutions
• City budget documents, appropriations, and financial audit reports
• Contracts, procurement records, and vendor agreements
• Building permits, zoning applications, and code enforcement inspection reports
• Police incident reports and criminal incident information (Va. Code § 2.2-3706)
• Public works project records, road maintenance contracts, and infrastructure plans
• City employee salary and compensation data (excluding protected personnel file information)
• Environmental permits, stormwater management records, and utility service agreements
• Land use plans, comprehensive plan documents, and subdivision plat approvals
• City court records and general district court dockets
• Economic development incentive agreements and developer contribution records
• Campaign finance filings and elected official disclosure statements
• Emergency management plans and public safety operational records (non-law-enforcement)
• Real estate assessment records and property tax data
• City-issued licenses and business permits

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

Tips for Effective Public Records Requests in Suffolk