How to File a Public Records Request in Leesburg, Virginia

What Is the Virginia Freedom of Information Act?

The Virginia Freedom of Information Act (VFOIA), Code of Virginia §§ 2.2-3700 through 2.2-3714, guarantees citizens of the Commonwealth and qualifying media representatives ready access to public records in the custody of public bodies, officials, and employees. Under the Act, all public records are presumed to be open and may only be withheld if a specific, statutory exemption applies.

A “public record” is broadly defined as any writing or recording — regardless of whether it is a paper document, electronic file, audio or video recording, or any other format — that is prepared, owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public business. This covers everything from meeting minutes and contracts to emails, permits, and financial records.

VFOIA requires that the law be interpreted liberally in favor of access. Exemptions — covering categories such as personnel records, attorney-client communications, certain law enforcement files, medical records, and records related to contract negotiations prior to award — must be construed narrowly. The burden of proving an exemption applies rests with the public body, not the requester. No statement of purpose is required to make a request.

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 Town of Leesburg

How to Submit Your Request

The Town of Leesburg’s preferred method for submitting public records requests is its online Public Records Center, accessible via the Clerk of Council’s FOIA page at leesburgva.gov. Click the “Submit Request” button on that page to access the portal. You may also mail or hand-deliver a written request to the Office of the Clerk of Council at 25 West Market Street, Leesburg, Virginia 20176, or call (703) 771-2733 during business hours. VFOIA does not require your request to be in writing, but submitting in writing — especially through the online portal — creates a record of the request and helps ensure clarity. You must provide your name and address; you are not required to state your reason for requesting the records. The Clerk of Council’s office will acknowledge your request and respond within the statutory timeframe.

What to Include in Your Request

• Your full name and mailing or email address
• A specific, reasonably detailed description of the records you are seeking
• The preferred format for delivery (electronic, paper, or inspection)
• The date range or time period the records cover, if applicable
• Whether you would like a cost estimate before the Town proceeds with fulfilling the request
• Any department or program the records relate to (e.g., Public Works, Finance, Planning)
• Your preferred method of contact for follow-up questions

Response Deadlines and What to Expect

Under Code of Virginia § 2.2-3704(B), the Town of Leesburg must respond to your FOIA request within five working days of receipt. “Day one” is the first working day after the Clerk of Council receives your request; weekends and holidays do not count.

Within that five-day window, the Clerk must take one of four actions: (1) provide the requested records in full; (2) withhold the records entirely, citing the specific Code sections authorizing the withholding; (3) partially produce records while withholding exempt portions, with a written explanation of what was withheld and why; or (4) notify you in writing that it is not practically possible to identify or collect the requested records within five working days, along with an explanation. This fourth response triggers an additional seven working days for the Town to provide one of the first three responses.

For requests involving fee estimates, the five-day response clock is tolled (paused) from the time the Town sends the cost estimate until you respond. If you do not respond to a cost estimate within 30 days, the Town will consider the request withdrawn.

The Town uses a tiered rate for FOIA-related staff labor charges based on the lowest hourly rate within the responding employee’s salary pay band, in accordance with Code of Virginia § 2.2-3704(F). There is no fee waiver provision under Virginia FOIA. If an estimate exceeds $200, the Town may require a deposit before proceeding. Requesting an estimate in advance — available as an option in the Town’s online portal — lets you know costs upfront and gives you the opportunity to narrow your request.

What to Do If Your Request Is Denied or Delayed

If the Town of Leesburg withholds records in whole or in part, it is required by law to provide a written response identifying the volume and subject matter of the withheld records and citing the specific section of the Code of Virginia authorizing the withholding. A blanket denial without statutory citation is itself a VFOIA violation.

Common reasons for denial or partial denial include claims of exemption for personnel records, attorney-client privileged communications, records compiled in connection with active legal matters, law enforcement investigative files, and records related to contract negotiations prior to award. Not every record touching on these subjects is automatically exempt — agencies may invoke exemptions, but exemptions are discretionary and must be applied narrowly.

If you believe your request was improperly denied or if the Town has failed to respond within the statutory deadline, here are your options:

First, follow up directly with the Clerk of Council to clarify the scope of your request or ask the Town to reconsider. VFOIA explicitly requires public bodies to make reasonable efforts to reach an agreement with requesters about production of records.

Second, contact the Virginia Freedom of Information Advisory Council (foiacouncil.dls.virginia.gov), which can provide a free, nonbinding advisory opinion on whether the denial appears to comply with VFOIA. The Council can be reached at (804) 698-1810 or toll-free at 1-866-448-4100. While its opinions are not legally binding, they carry significant persuasive weight.

Third, file a petition for mandamus or injunction in the Loudoun County General District Court or Circuit Court under Code of Virginia § 2.2-3713. The court must hear the matter expeditiously. The public body bears the burden of proving any claimed exemption applies by a preponderance of the evidence. If you substantially prevail on the merits, you are entitled to recover reasonable costs and attorney fees from the Town under § 2.2-3713(D), unless special circumstances would make such an award unjust.

Steps to Appeal

1. Review the Town’s written denial carefully to verify that a specific Code section is cited for each withheld record — a legally adequate denial must identify both the volume/subject matter and the exact statutory exemption.
2. Contact the Clerk of Council at (703) 771-2733 or via the online portal to request clarification, ask the Town to reconsider, or propose a narrowed or modified request to reduce costs or exempt content.
3. Submit a request for an advisory opinion from the Virginia Freedom of Information Advisory Council at foiacouncil.dls.virginia.gov or (804) 698-1810 / 1-866-448-4100. The opinion is nonbinding but often prompts compliance.
4. Consult a Virginia attorney who handles open-government matters — the Virginia Coalition for Open Government (opengovva.org) maintains resources and can assist in identifying counsel.
5. File a petition for mandamus or injunction in Loudoun County General District Court or Circuit Court under Code of Virginia § 2.2-3713. No administrative appeal is required first.
6. At the court hearing, the public body bears the burden of proving any claimed exemption by a preponderance of the evidence — not you.
7. If you substantially prevail on the merits of your court case, seek an award of reasonable costs and attorney fees from the Town under Code of Virginia § 2.2-3713(D), which is available unless special circumstances make such an award unjust.

Types of Records You Can Request from the Town of Leesburg, Virginia

Leesburg’s Town government generates a wide range of public records in the course of its legislative, administrative, and operational functions. The following types of records are commonly requested under the Virginia Freedom of Information Act.

• Town Council meeting minutes, agendas, and vote records
• Resolutions, ordinances, and adopted Town Code amendments
• Contracts and vendor agreements for town services (e.g., solid waste, utilities, construction)
• Building permits, zoning approvals, and land use applications
• Planning Commission records, including site plan applications and staff reports
• Town budget documents, financial statements, and audit reports
• Police department general incident reports and criminal incident information
• Town employee salary schedules and position classifications
• Correspondence between town staff and officials about public business (including emails)
• Airport (Leesburg Executive Airport) operations and lease records
• Public infrastructure project records, including engineering studies and bid documents
• Environmental and stormwater management records
• Town Manager reports, memoranda, and directives
• Board and commission applications and appointment records
• Town-issued grants, economic development incentives, and related agreements

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

Tips for Effective Public Records Requests in Leesburg