File cabinets. (Getty)
One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth’s leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise.
In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating.
Nonprofit sues Justice Services
The Virginia Department of Criminal Justice Services faces claims it has failed to release the certification and disciplinary records of law enforcement officers, according to WHRO’s review of the suit filed in September in Richmond.
Invisible Institute, a nonprofit newsroom, sued the agency for withholding the names of nearly 100,000 active and inactive law enforcement personnel. WHRO said the agency claimed the latter were exempt from disclosure because “the officers could be tasked with undercover assignments.”
To improve misconduct complaints, advocates, including those in Virginia, have urged law enforcement to improve its transparency into an officer’s record. Access to the records helps the public understand who is policing their communities, and the records prevent officers with a history of abuse from being hired by other agencies.
The Virginia Center For Investigative Journalism at WHRO, which has collaborated with Invisible Institute, reported that reform efforts to enhance oversight have stalled.
In 2022, the agency released the names of decertified officers after receiving a similar FOIA request. However, when a MuckRock reporter and the Invisible Institute made their requests in 2023 and 2024, respectively, DCJS said the records were exempt from disclosure because they were related to personnel information.
Lawyers representing the plaintiffs from the University of Virginia School of Law First Amendment Clinic said in a statement that “the release of the requested information would allow the public to monitor if officers are sufficiently regulated — including whether they are prevented from evading repercussions for misconduct by changing jobs.”
Former swim coach to try again for school records
A former high school swim coach told the Fredericksburg Advance he plans to request a collection of school records again after a Spotsylvania General District Court judge rejected his petition on Tuesday.
Judge Jane M. Reynolds initially dismissed the case because Theodore Marcus’s petition was served improperly, but continued the case to allow the petitioner to address the matter after serving the petition by email instead of by law enforcement or a third-party civil process server.
Earlier this month, Marcus began petitioning for the release of the records related to the Riverbend High School varsity swim team after claims that school officials withheld the production of emails and text messages between certain school leaders — Spotsylvania School Board members Lisa Phelps and April Gillespie, former superintendent Mark Taylor, and former Riverbend principal Xavier Downs — leading up to a Dec. 20, 2023, meeting with parents, school officials and coaches.
In December, Marcus and former head coach Rachel Adriani resigned from the program after some “incidents,” according to the Fredericksburg Advance.
He argues that withholding the records violates Virginia’s Freedom of Information Act.
Virginia Code allows the petition to be heard within seven days.
Clarke County supervisors change oversight of social services
Leaders in Clarke County have changed how social services will be overseen by dissolving its board of citizens and turning oversight to its county administrator.
State law allows local departments of social services to be administered by boards and advisory groups. Clarke estimated that Virginia has approximately 63 administrative boards and 51 advisory boards.
According to a Tuesday report by The Winchester Star, the Clarke County Board of Supervisors transferred oversight of the Department of Social Services to County Administrator Chris Boies beginning Jan. 1.
Boies told The Mercury that the members supported the board’s dissolution. The group has two vacancies on the seven-member board.
According to an Oct. 15 staff report, the learning curve for citizen board members is “immense,” which could create recruitment concerns. The report states that each member is required to participate in training annually, and the board is required to provide several documents and plans for review to the supervisors before being submitted to the state, including the director’s evaluation, compensation plan, monthly expenditure report and consents to adopt as needed.
“There have been numerous times in the past two years where the board could not meet because a quorum couldn’t be assembled,” the report stated.
Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@virginiamercury.com
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