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Rockbridge County staff reviews FOIA, COIA obligations in public training

2382905 · February 24, 2025
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Summary

County staff walked supervisors through Virginia FOIA and the Conflicts of Interest Act (COIA), stressing that most written records made in the conduct of public business are public, that texts and personal emails may be subject to disclosure, and that supervisors should forward potential public records to the county FOIA address for tracking.

Mr. Dryden, a county staff member who led the training, told the Board of Supervisors on Feb. 24 that the purpose of the training was to explain legal obligations under the Virginia Freedom of Information Act (FOIA) and the state Conflicts of Interest Act (COIA), and to describe county procedures for complying with those laws.

The presentation opened with the core principle that "when everything that is produced in the conduct of doing business, the public business is a public document," Mr. Dryden said, adding that the county treats drafts and notes as potential public records if they contain substantive information.

Why it matters: The training reminded elected officials that failure to follow FOIA timing rules can trigger court enforcement and fines. Mr. Dryden warned that FOIA requests have become a frequent tool for outside groups and law firms to seek records and, sometimes, to locate litigation opportunities.

Mr. Dryden summarized several operational rules supervisors should follow: assume written communications about county business are public, do not delete texts or emails tied to public business, and forward texts or messages received on personal devices to the Rockbridge County email to avoid having to retain native copies on personal phones. He said forwarded records may be removed from a personal device once they are preserved in the county account.

The county has a designated FOIA team, Mr. Dryden said, naming Heidi Hope as the county FOIA officer and noting support from legal staff and clerk's office personnel. "We do have a dedicated FOIA email address," he added, and said the county is encouraging staff to route requests through that address so the county can track response deadlines.

Mr. Dryden explained timing, fees and deposits under Virginia FOIA. He noted the county may charge for copies and for staff time, may request a deposit when estimated costs exceed $200, and that the five-working-day response period generally begins when the county has a sufficient, formal request (for example, an emailed confirmation the requester intends a FOIA submission). He said the county treats requests from non‑Virginia residents cautiously but typically responds; under state law only Virginia citizens (and news organizations operating in the Commonwealth) are statutorily entitled to FOIA submissions.

On public meetings, Mr. Dryden reviewed the statutory requirement that meetings of public bodies be open unless a specific exemption applies, explained the duty to state the purpose for any closed meeting, and reminded the board that votes on public business must be taken in public (not in closed session).

On COIA, Mr. Dryden reiterated filing deadlines and gift and conflict rules: newly elected officials must receive COIA information upon taking office and training within two months, and then every two years; personal and family financial interests may disqualify participation in certain matters; and annual financial disclosures must be filed by Feb. 1, with a mandatory $250 fine for missed filings.

The training concluded with a request that supervisors promptly forward any FOIA requests they receive in person or by phone to the FOIA team so the county can record and meet statutory timelines. Mr. Dryden said the county will consider offering the training annually or biannually.

Ending: Supervisors asked to keep standard practice of confirming FOIA requests in writing where possible and to work with the county FOIA officer, Heidi Hope, and legal staff to track requests and responses.