(Updated at 3:25 p.m.) Arlington County is planning to start forwarding public records requests about Amazon to the company, despite not yet having finalized the agreement to do, officials say.
Arlington County agreed to alert the tech and retail giant whenever someone files a Freedom of Information Act (FOIA) request for public records involving the company. Both Arlington County and the Commonwealth of Virginia have agreed to the deal, which has been criticized by open government advocates who fear it make public records harder to access.
The deal is part of a $23 million incentive package the County Board unanimously approved last month to lure the company and its promise of at least 25,000 jobs to the county. However, county officials still need to sign on the dotted line to seal the FOIA deal — something Arlington County spokeswoman Jennifer Smith says they will do within the next two weeks.
“Since the agreement has not yet been fully executed, the provision is not yet in effect,” Smith said of the FOIA deal. “Nonetheless, we will likely notify Amazon of requests for records if and when they come in.”
Smith did not answer a question about why the county decided to honor the agreement before executing it.
Arlington’s FOIA agreement says the county will “give Amazon not less than two (2) business days written notice of the request to allow Amazon to take such steps as it deems appropriate with regard to the requested disclosure of records.”
It also stipulates that the county agrees to, “disclose only such records as are subject to mandatory disclosure under VaFOIA or other applicable law or regulation,” referring to the state laws requiring a response within five days to public requests and that the government apply exemptions narrowly.
County Attorney Stephen MacIsaac told ARLnow through a spokeswoman the agreement with Amazon is a “courtesy” and that it “will not change the County’s response to the request” of public records.
“It provides Amazon with awareness of the FOIA request, giving the company the opportunity to protect records it believes are entitled to protection in the event the County intends to release the records,” he said.
This gives Amazon time to file a “reverse open records request” case in court preventing the county from sharing information, according to FOIA expert Professor John Cary Sims of the University of the Pacific McGeorge School of Law.







