Public records
West Virginia FOIA requests for police surveillance records
Find the records custodian, track the five-day response choices and reproduction-fee limits, and adapt a governance-records request template.
Sources checked .
Send the request to the body holding the records
The Secretary of State directs requesters to the public body that created or maintains the records. Its office does not hold records for every West Virginia public body. Find the police department or other agency responsible for the governance records sought. West Virginia SOS: find the holding body
Section 29B-1-3 provides access for every person, subject to its referenced exemptions, and directs requests to the records custodian. It requires reasonable specificity about the information sought. West Virginia law: custodian, response and fees
Keep a specific written trail
Use the template to identify existing policies, executed contracts, sharing agreements and a narrow period for audit logs. Replace the dates and agency name, keep the sent text and delivery record, and save subsequent replies. This site does not send the request.
Track the three response choices
Section 29B-1-3(d) requires a response as soon as practicable, within five days excluding Saturdays, Sundays and legal holidays. The custodian must furnish copies, give the inspection-and-copying time and place, or deny in writing with reasons. This framework includes an inspection response. West Virginia law: custodian, response and fees
Request electronic copies and review reproduction charges
Section 29B-1-3(c) addresses providing electronic copies when the records exist in electronic form and copies are requested. Subsection (e) allows actual reproduction costs but prohibits search or retrieval fees and man-hour reimbursement as part of reproduction charges. Ask for an estimate before accepting costs. West Virginia law: custodian, response and fees
Copy and adapt this request
Replace every bracketed field and follow the holding agency's current contact instructions. The requested records remain subject to applicable exemptions; the template does not guarantee disclosure of a particular log or agreement.
Download request template (.txt)
To: [Holding agency's public-records custodian]
Date: [MM-DD-YYYY]
Subject: West Virginia FOIA request: plate-reader governance records
Under the West Virginia Freedom of Information Act, I request electronic copies of the following existing records held by [agency] for [start date] through [end date]:
1. Plate-reader operating policies, retention schedules, audit procedures and training materials effective during the period.
2. Executed equipment and data-service contracts, amendments, purchase orders and invoices during the period.
3. Existing lists of sharing partners and executed data-sharing agreements effective during the period.
4. Existing access or query audit logs for [narrow date range], subject to applicable exemptions and lawful redaction. This request concerns system governance rather than an individual's movement history.
If the requested records exist electronically, please provide electronic copies. Please provide an estimate before reproduction charges exceed [$ amount].
Please respond under section 29B-1-3(d), providing copies, advising when and where the materials can be inspected and copied, or supplying the written reasons for a denial. For withheld portions, please identify the legal basis and provide any accessible remainder.
Name: [name]
Reply contact: [email or mailing address]
Preserve the denial when reviewing enforcement
Section 29B-1-5 permits a person denied access to seek injunctive or declaratory relief in the circuit court of the county where the record is kept. It places the burden on the public body to justify withholding and allows the court to order improperly withheld records produced. West Virginia law: court enforcement
Questions and answers
Does the Secretary of State hold every agency's records?
Its current instructions say requests belong with the public body that created or maintains the records. West Virginia SOS: find the holding body
Does the response provision exclude weekends?
It excludes Saturdays, Sundays and legal holidays. West Virginia law: custodian, response and fees
Where does the statute place court enforcement?
Section 29B-1-5 identifies the circuit court in the county where the public record is kept. West Virginia law: court enforcement
Sources and scope
West Virginia Code sections 29B-1-3 and 29B-1-5 and the Secretary of State's current records-request instructions checked 10-23-2026. Response choices and reproduction costs retain their statutory scope.
- West Virginia Code section 29B-1-5, enforcement. Checked 10-23-2026.
- West Virginia Code section 29B-1-3, current text checked 10-23-2026. Checked 10-23-2026.
- West Virginia Secretary of State: FOIA Records Request. Checked 10-23-2026.