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City of Newport News Freedom of Information Act Responses Protocol
(Adopted May 2025. Amended January 2026)
I. Purpose
a. A formal protocol to ensure compliance and City-wide consistency with the
Virginia Freedom of Information Act (FOIA) (Va. Code Ann. § 2.2-3700, et al.) in
the processing of requests for public records. This protocol shall apply to all
requests for public records held by the City.
II. Responsibility and Authority
a. The City Attorney shall be responsible for the coordination, administration, and
interpretation of this protocol, managed by the Freedom of Information Act
Coordinator.
III. Application, Definition, and Statutory Requirements
a. "Public records" include any document or recording of any kind used in the
transaction of public business in possession of the City, its employees, officers, or
agents. This includes, but is not limited to, e-mail, video and audio recordings,
computer data (including information located in databases), handwritten notes,
social media posts, and draft documents. In addition to records contained on
City-owned devices, records contained in personal electronic devices (including,
but not limited, to, personally owned cell phones, portable electronic devices,
home computers, and storage devices) are also public records if they are
possessed by City employees, officers, or agents, and concern the transaction of
public business (Va. Code Ann. § 2.2-3701).
b. As a general rule, the Virginia Freedom of Information Act ensures that all
existing public records are open to public inspection and copying. FOIA does not
require the City to answer questions or to create documents but does require the
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