Are any records exempt from release to the public?

The Code of Virginia allows any public body to withhold certain records from public disclosure.  York County commonly withholds records subject to the following exemptions:

  • Personnel records - Va. Code § 2.2-3705.1 (1) 
  • Records subject to attorney-client privilege - Va. Code § 2.2-3705.1 (2) or attorney work product Va. Code § 2.2-3705.1 (3) 
  • Vendor proprietary information - Va. Code § 2.2-3705.1 (6) 
  • Records relating to the negotiation and award of a contract, prior to a contract being awarded - Va. Code § 2.2-3705.1 (12) 
  • Working papers and correspondence of the County Administrator - Va. Code § 2.2-3705.7 (2) 
  • Tax records covered by Va. Code § 58.1-3

The general policy of York County is to: 

  • invoke the personnel records exemption in those instances where it applies in order to protect the privacy of employees and officials of York County.
  • invoke the contract negotiations exemption whenever it applies in order to protect York County's bargaining position and negotiating strategy.
  • invoke the attorney-client privilege and work product exemptions whenever they apply, to protect the confidentiality of legal advice and to preserve York County's litigation strategy.

The general policy of York County is for County officials to exercise their discretion in a reasonable manner when an exemption applies, weighting the public interest in inspecting the record, and the public interest in maintaining the confidentiality of the record.

The general policy of York County is to release any records when the reason or legal basis for withholding them no longer applies.

Show All Answers

1. What is the Freedom of Information Act?
2. What is a public record?
3. What types of records does York County have?
4. Are any records exempt from release to the public?
5. How do I make a FOIA request?
6. What kind of response may I get from the County?
7. Is FOIA free or are there costs associated with requests?
8. Who are the County's FOIA Officers?
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