What is the Freedom of Information Act (FOIA) ?

Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency.  Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement. The FOIA also requires agencies to proactively post online certain categories of information, including frequently requested records. As Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.

What is the Presumption of Openness and Who Issues Guidance to Agencies on the FOIA?

The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law. Agencies should also consider whether partial disclosure of information is possible whenever they determine that full disclosure is not possible and they should take reasonable steps to segregate and release nonexempt information. The Office of Information Policy at the Department of Justice is responsible for issuing government-wide guidance on the FOIA as part of its responsibilities to encourage all agencies to fully comply with both the letter and the spirit of the FOIA.

Arizona Revised Statutes §39-121.03(C) provides:

“A person who obtains a public record for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or who obtains a public record for a commercial purpose and uses or knowingly allows the use of such public record for a different commercial purpose or who obtains a public record from anyone other than the custodian of such records and uses it for a commercial purpose shall in addition to other penalties be liable to the state or the political subdivision from which the public record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated plus costs and reasonable attorney’s fees or shall be liable to the state or the political subdivision for the amount of three times the actual damages if it can be shown that the public record would not have been provided had the commercial purpose of actual use been stated at the time of obtaining the records.”

Avra Valley Fire District Public Records Information

The Avra Valley Fire Department is committed to protecting the health, safety and welfare of its residents and visitors by:

• Quickly and efficiently rescuing persons trapped or injured by fire, accident, collapse or terrorist activity, while mitigating the circumstances surrounding the event.
• Providing comprehensive medical care to triage, stabilize and transport the sick and injured.
• Educating the public on preparedness for all hazards, including fire, hazardous atmosphere and chemical incidents.
• Enforcing the Fire Code to make business and residential quarters as safe as possible.

The Avra Valley Fire District maintains the following categories of records:

• Address specific reports on hazardous material responses and mitigation including site history, if any.
• Inspection and Fire Prevention Bureau violation reports on institutional and commercial locations.
• Certain structure fire reports on closed and/or inactive cases.
• Overall Fire Department employee breakdown by various criteria including race, gender, rank and age.
• Number of Fire and EMS responses by category and geographic fire district, including number of standard alarms and extra alarm events.
• Fire deaths by year and cause.

Policy Regarding Public Records Requests:

It shall be the policy of the Avra Valley Fire District to honor all requests for public records. As a government entity, the District is obligated to furnish individuals with copies of such records upon their request.

Individuals requesting public records shall fill out a non-commercial or commercial request form. Records shall be provided in a timely manner after a request has been made and all necessary forms have been completed.

Charges for public records shall be collected as follows:

1. Records for non-commercial purpose – the first 3 copies shall be provided free of charge. All additional copies shall be charged at a rate of $.10 per copy.
2. Records for commercial purpose as stated in A.R.S. 39-121.03 shall be charged at a rate of $.25 per copy plus $25.00 per hour for staff time to research, collect and copy such records. Also included in such charges shall be the value of the reproduction of such records on the commercial market and any and all related charges. These additional charges shall be computed on a case-by-case basis.
3. Records that may be questionable whether or not they are public records shall be brought before the district’s attorney for determination as to whether they are in fact considered “public records.” Once the determination is made that the records are in fact “public records,” the records shall then be provided.
4. At no time shall public records be provided unless one of the forms below have been completed.

INSTRUCTIONS:

1.  Download and complete the appropriate form. Your request will be processed upon receipt of the written request and any fee if applicable per the discussion above.  

2.  If you do not have a fee per the discussion above, you may email your completed form to web@avfire.org

Please be specific about the information you are seeking. Your request should include exact locations, dates, and incident/report numbers.  Indicate in your request how you would like the information sent to you (via e-mail, mail, or available for pick-up at our office).

3.  If you do have a small fee per the discussion above, please mail your completed form along with a check made payable to Avra Valley Fire District to the following address:

          Avra Valley Fire District
          15790 West Silverbell Road
          Marana, AZ  85653

          ATTN:  Public Records Officer