VA-ROOTS Archives

October 2000

VA-ROOTS@LISTLVA.LIB.VA.US

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Subject:
From:
Jim White <[log in to unmask]>
Reply To:
Jim White <[log in to unmask]>
Date:
Fri, 6 Oct 2000 22:47:48 -0500
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Phyllis Cloyd suggested that county clerks might become subject to
Freedom of Information Act because they receive federeal funds.  Not
true.

FOIA applies only to federal agencies.  Even if a state or local agency
is receiving federal funds, it does not become subject to the federal
act, because that's what the federal statute says.

However, almost all states have a similar sunshine law that guarantees
access to local records.

But very rarely do these statutes say you can walk in without notice and
immediately sit down with the records--most of the statutes say you are
entitled to view and/or copy the records within, say, three days
(depending on the state) of making written request for them.

BTW, county clerks are unlikely to be receiving federal support anyway.


--
Jim White

*** Nothing I say is a legal opinion unless that's what you're paying me
for. ***

Home page:  http://www.jeem.net/
Genealogy books:  http://www.jeem.net/Books.html
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