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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.
Spotsylvania school board members skip key meetings
Two members of the Spotsylvania County School Board members have not attended their “two-by-two” meetings — small group sessions with the superintendent designed to review agendas ahead of public meetings.
Email records obtained by FXBG Advance reveal that board member Lisa Phelps stated she was unaware of the process for electing a new chair and vice chair during the board’s Jan. 13 meeting. Phelps, who has served on the board since 2017, is now in her second four-year term.
Across Virginia, it is common for school boards to rotate leadership positions at the start of each year.
However, Superintendent Clint Mitchell responded that the process had been “thoroughly explained” in two-by-two meetings. He noted that neither Phelps nor fellow board member April Gillespie attended these sessions. According to Mitchell, Gillespie participated in only one such meeting during his first 90 days leading the school division.
In response to media inquiries, both Phelps and Gillespie defended their engagement with the school division.
“Spotsylvania Citizens and Lee Hill constituents can rest assure I am and have been completely informed and always current and up to date communicating with Superintendent Dr. Mitchell in depth about the SCPS board meeting agendas, school operations, school division budget and, most importantly, keeping our kids and staff safe,” Phelps told FXBG Advance.
Mitchell added that since the board’s January meeting, Phelps has participated in the two-by-two meetings via conference call. While Gillespie does not attend these meetings, she regularly communicates with him via email.
Court strikes down police secrecy, orders release of deputy names
A three-judge panel rejected the Hanover County Sheriff’s Office’s claim that releasing deputies’ names could interfere with future undercover work, stating the argument “flies in the face of the stated and clear purpose” of Virginia’s Freedom of Information Act (FOIA), which prioritizes public access to personnel records.
The ruling, obtained by The Richmond Times-Dispatch, also pointed to a 2017 amendment that explicitly ensures public access to the names of law enforcement officials.
Alice Minium, who runs a website focused on police transparency and accountability, filed the appeal after Hanover Circuit Court ruling that initially favored the sheriff’s office.
“I am relieved and incredibly grateful,” Minium told The Times-Dispatch. “This is a win for everyone. No secret police.”
The decision is expected to have broader implications, including in Chesterfield County, where police officials have made similar arguments for keeping employee names confidential.
The Hanover County Sheriff’s Office declined to comment on the ruling but still has the option to appeal to the Virginia Supreme Court.
Email debunks claims of wrongdoing in Warrenton Amazon data center approval
After months of controversy legal battles, emails related to the approval of an Amazon data center in Warrenton reveal no evidence of misconduct — despite critics’ claims that the process was unfair.
Emails obtained by the Fauquier Times showed no discussions of backroom deals or improper influence. Instead, they contained routine correspondence about “town events, inter-office squabbling over the town manager’s calendar, and discussions about the 2022 outbreak of mold at Warrenton Dialysis Center.”
Public interest in the project intensified amid the demand growth of data centers across the commonwealth and after former town manager Brandie Schaeffer left her position to work for Amazon. However, the most relevant email regarding the data center was simply a discussion about potential alternative uses for the site.
In one exchange, Mayor Carter Nevill asked Schaeffer whether a distribution center could be built on the property. Schaeffer responded, “no” unless a zoning text amendment was passed.
Nevill also inquired about the number of homes that could be constructed there, to which Schaeffer replied “545 homes.”
The emails were initially requested by Amy Trotto, a member of Citizens for County, who sought records from April 1, 2022, to July 12, 2022.
After a newly elected town council took office earlier this year, members voted in January to stop fighting a legal battle over the release of the documents and agreed to make them public.
The dispute centered on the interpretation of a single word — “or” — in Virginia’s Freedom of Information Act. The law states that “the mayor or chief executive officer of any political subdivision of the commonwealth” is exempt from disclosure. The town had argued that “or” should be read as “and,” which would have shielded communications from both the mayor and the town manager.
Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@virginiamercury.com
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