Freedom of Information Act (FOIA) Requests
The designated FOIA Officer for general and administrative records for the Town of Strasburg is the Town Manager Mellanie Shipe. All FOIA requests, except those related to the Police Department (Public Safety), should be submitted to the Town Manager. Requests will be routed to the appropriate staff member as needed.
FOIA requests may be submitted by email to Mellanie Shipe.
FOIA requests for the Police Department (Public Safety) must be submitted directly to the department’s FOIA Officer, Teresa Shillingburg by tshillingburg [at] strasburgva.com (email) or calling 540.465.5230.
Rights & Responsibilities: The Rights of Requesters and the Responsibilities of [the Department] under the Virginia Freedom of Information Act
Virginia Freedom of Information Act (FOIA)
The Virginia Freedom of Information Act (FOIA), found in § 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 includes any writing or recording, regardless of format, including paper documents, electronic files, audio or video recordings, or other media, that is prepared, owned, or held by a public body or its officers, employees, or agents in the transaction of public business. Public records are presumed open to inspection and copying unless a specific statutory exemption applies.
FOIA is intended to promote transparency and public awareness of government activities. The law is interpreted liberally in favor of access, and any exemptions allowing records to be withheld are interpreted narrowly.
Your FOIA Rights
Under FOIA, you have the right to:
-
Inspect or receive copies of public records, or both.
-
Request an advance estimate of any charges associated with fulfilling your request.
-
File a petition in district or circuit court if you believe your FOIA rights have been violated.
-
Request a nonbinding advisory opinion from the Freedom of Information Advisory Council.
Making a FOIA Request
FOIA requests may be made by U.S. mail, fax, email, in person, or by phone. Requests are not required to be in writing, and you are not required to cite FOIA specifically when making a request.
While not required, submitting requests in writing is encouraged. Written requests help document the request and ensure clarity regarding the records being sought. However, the Town will not refuse a request solely because it is not in writing.
Requests must identify the records sought with reasonable specificity. This means the request should be clear enough for staff to identify and locate the records. It does not limit the number or volume of records requested.
FOIA applies only to existing records. The Town is not required to answer general questions, conduct research, or create records that do not already exist.
You may request records in any electronic format regularly used by the Town. For example, records maintained in an Excel database may be provided electronically or as printed copies.
FOIA requests are not adversarial. If clarification is needed, or if a request is particularly large, staff may contact you to better understand the request or discuss a reasonable response.
Submitting a FOIA Request to the Town of Strasburg
FOIA requests for general and administrative records may be directed to the Town Manager:
Mellanie Shipe, Town Manager
Town of Strasburg
174 East King Street
PO Box 351
Strasburg, VA 22657
Phone: 540.465.9197
Fax: 540.465.3252
Email: mshipe [at] strasburgva.com (mshipe[at]strasburgva[dot]com)
The Town Manager may also be contacted with general questions regarding FOIA requests.
Police Department FOIA Requests
FOIA requests for the Police Department (Public Safety) must be submitted to the department’s FOIA Officer:
Teresa Shillingburg, Senior Police Administrative Specialist
Phone: 540.465.5230
Email: tshillingburg [at] strasburgva.com (tshillingburg[at]strasburgva[dot]com)
Additional FOIA Assistance
The Freedom of Information Advisory Council is available to answer questions about FOIA and provide advisory opinions.
Email: foiacouncil [at] dls.virginia.gov
Phone: 804.225.3056
Toll-Free: 866.448.4100
The Town of Strasburg’s Responsibilities
The Town of Strasburg is required to respond to FOIA requests within five (5) working days of receipt. “Day One” begins the first working day after the request is received. Weekends and holidays are not included.
The purpose of your request is not required, and you do not need to explain why you are requesting records. FOIA does allow the Town to require your name and legal address before processing a request.
Within the five (5) working day response period, the Town will take one of the following actions:
-
Provide all requested records in full
-
Withhold all requested records if a specific statutory exemption applies
-
Provide some records and withhold or redact others when only a portion is exempt
-
Notify you in writing that the requested records do not exist or cannot be found
-
Notify you in writing that additional time is needed due to practical limitations
If records are withheld or redacted, the Town will provide a written response identifying the subject matter of the records and citing the specific section of the Code of Virginia that authorizes the exemption.
If it is practically impossible to respond within five (5) working days, the Town may take up to seven (7) additional working days, for a total of twelve (12) working days, and will explain the reason in writing.
For unusually large or complex requests that cannot be completed within twelve (12) working days without disrupting Town operations, the Town may petition the court for additional time. Before doing so, the Town will make a reasonable effort to work with the requester to reach an agreement on the scope or timing of the request.
Costs
FOIA allows the Town to charge reasonable fees not exceeding the actual cost incurred to search for, access, duplicate, and supply requested records. Fees may include staff time and copying costs directly related to the request. General overhead costs may not be charged.
Upon request, the Town will provide an advance estimate of charges before fulfilling a request.
If the estimated cost exceeds two hundred dollars ($200), the Town may require a deposit not to exceed the estimate before continuing work on the request. The response time is paused while awaiting the deposit.
If fees from a previous FOIA request remain unpaid for more than thirty (30) days, the Town may require payment before processing a new request.
Types of Records Maintained
The Town of Strasburg maintains records that include, but are not limited to:
-
Personnel records related to Town employees and officials
-
Contracts and agreements entered into by the Town
If you are unsure whether the Town maintains the records you are seeking, please contact the Town Manager directly.
Mellanie Shipe, Town Manager
Town of Strasburg
174 East King Street
PO Box 351
Strasburg, VA 22657
Phone: 540.465.9197
Fax: 540.465.3252
Email: mshipe [at] strasburgva.com (mshipe[at]strasburgva[dot]com)
Commonly Used FOIA Exemptions
The Code of Virginia permits public bodies to withhold certain records from disclosure. The Town of Strasburg commonly relies on the following exemptions:
-
Personnel records (§ 2.2-3705.1(1))
-
Attorney-client privilege (§ 2.2-3705.1(2)) and attorney work product (§ 2.2-3705.1(3))
-
Vendor proprietary information (§ 2.2-3705.1(6))
-
Records related to contract negotiations prior to award (§ 2.2-3705.1(12))
Policy on the Use of Exemptions
The Town of Strasburg applies FOIA exemptions narrowly and only when authorized by law.
-
Personnel record exemptions are used to protect the privacy of Town employees and officials.
-
Contract negotiation exemptions are used to protect the Town’s bargaining position and negotiating strategy when applicable.