Commonly Used Exemptions

The Code of Virginia allows any public body to withhold certain records from public disclosure. The Suffolk Commonwealth’s Attorney’s Office 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))
• Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))
• Out-of-State FOIA requests are not honored (§ 2.2-3704 (A)).

Policy Regarding the Use of Exemptions

The general policy of the Suffolk Commonwealth’s Attorney’s Office is to invoke the personnel records exemption in those instances where it applies in order to protect the privacy of employees and officials of the Suffolk Commonwealth’s Attorney’s Office.