|Submitted||Sept. 24, 2019|
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Dear Sir / Madam,
I am writing to ask for your help with a request under the Virginia State Open Records Law, Va Code sec §2.2-3700 - §2.2-3714.
Would it be possible for you to send me a copy of any records that would show some or all of the following information:
1. A list of ALL types of alternative asset investments, including private equity, venture capital, distressed debt, mezzanine, fund of funds, infrastructure, natural resources, real estate and private debt partnerships in which Fairfax County Employees' Retirement System is an investor; and
2. For each partnership, may I please have a copy of any alternative assets investment records that would show some or all of the following information:
a. Fairfax County Employees' Retirement System's total commitment to the partnership,
b. the total contributions made by Fairfax County Employees' Retirement System to the partnership to date,
c. the total distributions received by Fairfax County Employees' Retirement System from the partnership to date,
d. the estimated current value of Fairfax County Employees' Retirement System's holding in the partnership, and
e. any available estimates of the Net and Gross IRR earned by Fairfax County Employees' Retirement System to date on its investment in the partnership.
3. In addition to this could you please provide me with an up to date account of your current asset allocations in the above asset classes including any direct investments you may have.
Thank you very much for your attention to this request. I have attached an example of the type of information we are hoping to receive.
In the event that Fairfax County Employees' Retirement System has no such investments, a simple note to this effect will suffice. I understand that I may be charged for the cost of the copies requested, and agree to pay these charges.
Thank you again for your attention to this request.
I am following up with you on your September 24, 2019 request for records relating to the Fairfax County Employees' Retirement system. I want to let you know that I was advised by the Office of the County Attorney that these records are subject to contracts with private firms which provide that the records are confidential, except to the extent disclosure is required under Virginia law. I have also been advised that the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq. (VFOIA), provides that "public records shall be open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth." Va. Code § 2.2-3704(A). Your request indicates that you are not a MuckRock staff member. Additionally, it is not at all clear that MuckRock is included within the ambit of entities privileged to request and receive public records under the Virginia Freedom of information Act. The requester does not appear to be a newspaper or magazine with circulation in the Commonwealth. Nor does the requester appear to be a representative of a radio or television station broadcasting in or into the Commonwealth. While we often provide otherwise public records upon request as a courtesy, we would not be able to do so in this circumstance because we are bound by the terms of the respective contracts. I do apologize for the inconvenience.
Senior Investment Operations Analyst
Fairfax County Retirement Systems
12015 Lee Jackson Memorial Hwy., Suite 350
Fairfax, VA 22033