Your Rights

Under the Virginia Freedom of Information Act (Code of Virginia §§ 2.2-3700 et. seq), you have the right to review certain documents that have been created by or are in the possession of the Northern Virginia Transportation Authority (NVTA).  

• NVTA currently maintains many of those documents on this website for easy access: 
• Authority Agendas and Supporting Documentation 
• Committee Agendas and Supporting Documentation 
• Authority Meeting Minutes 
• Audited Financial Statements 
• Adopted Budgets 
• Financial Accounting Reports 
• Organizational and Financial Policies 
• Six Year Program 

NVTA follows the Code of Virginia (§2.2-3705.1) with respect to records it chooses to withhold from release to the public.  

If there are any documents that you are unable to locate or to make a FOIA request, please contact Lee Ann Henderson, Board Secretary and NVTA FOIA Officer for assistance.  

To learn more about the Freedom of Information Act and the Virginia Freedom of Information Advisory Council - Virginia Freedom of Information Advisory Council | Virginia.gov 

NVTA’s Responsibilities in Responding to Your Request

NVTA must respond to your request within five business days of receiving it. “Day One” is considered the day after your request is received. The five-day period does not include weekends or holidays. 

Under the Code of Virginia, we must either provide you with the requested records, or if we withhold the requested records or a portion of the requested records, we must do so in writing specifying the section of the Code that allows the records to be withheld.  

If it is not possible for NVTA to respond to your request within the five-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us an additional seven working days to respond to your request. 

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

• Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia) 
• Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3)) 
• Vendor proprietary information (§ 2.2-3705.1 (6)) 
• Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12)) 

FOIA Request Cost

The Code of Virginia states: A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records and shall make all reasonable efforts to supply the requested records at the lowest possible cost. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. Prior to conducting a search for records, the public body shall notify the requester in writing that the public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records as set forth in subsection F of § 2.2-3704 of the Code of Virginia. 

If we estimate that it will cost more than $200 to respond to your request, we may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond. As per NVTA policy #5, the Chief Executive Officer with assistance from the Chief Financial Officer will determine if there is a cost to be charged for the record request.