Exemptions

Commonly Used Exemptions

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

• Exclusions of Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia)
• Exclusions of Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))
• Exclusions of Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3))
• Exclusions of Vendor proprietary information (§ 2.2-3705.1 (6))
• Exclusions of general application to public bodies, as found in Virginia Code § 2.2-3705.1
• Exclusions of records relating to public safety, as found in Virginia Code § 2.2-3075.2
• Exclusions of records relating to administrative investigations, as found in Virginia Code § 2.2-3705.3
• Exclusions of educational records and certain records of educational institutions, as found in Virginia Code § 2.2-3705.4
• Exclusions for health and social services records, as found in Virginia Code § 2.2-3705.5
• Exclusions for proprietary records and trade secrets, as found in Virginia Code § 2.2-3705.6
• Exclusions for records of specific public bodies and certain other limited exclusions, as found in Virginia Code § 2.2-3705.7

Policy Regarding the Use Of Exemptions

• The general policy of the County of Powhatan 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 County of Powhatan.
• The general policy of the County of Powhatan is to invoke the contract negotiations exemption whenever it applies in order to protect the County of Powhatan’s bargaining position and negotiating strategy.