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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.
EPA audit cited Richmond for cracked filters, corroded pumps
Inspection reports obtained by television news station WTVR show Richmond’s Department of Public Utilities (DPU) had previously been cited for failures in emergency planning and deteriorating equipment. While DPU Director April Bingham said Wednesday she cannot confirm if those findings are connected to the current water crisis, state regulators plan to investigate potential links.
City officials have attributed the widespread water outages to a winter storm that caused power failures at the water treatment plant, leading to flooding and the failure of backup systems.
Dwayne Roadcap, head of the Virginia Department of Health’s Office of Drinking Water, said the city did not meet some regulatory requirements designed to prevent such incidents.
“We’re looking into why the fail-safe systems didn’t work, because you shouldn’t have this kind of problem,” Roadcap told WTVR.
During a Wednesday press conference, Mayor Danny Avula was asked about DPU’s preparedness. “I’m six days on the job, so I’m not sure I can answer that in detail,” Avula said, noting that the city conducts annual preparedness exercises and plans to include these issues in an after-action report.
A 2022 U.S. Environmental Protection Agency (EPA) audit cited Richmond for multiple violations, including corroded pumps, cracked filters, insufficient maintenance and outdated emergency response plans. The plan, last updated in 2017, was not finalized until January 2025 — just days before the water crisis began.
Bingham acknowledged the aging infrastructure and said the incident was caused by the storm-related outage, though she could not confirm if equipment issues contributed. “We have to continue to focus on investments in this infrastructure,” she said.
The EPA report also highlighted that Richmond does not perform emergency scenario planning for large-scale power failures, relying instead on fire department exercises. In its response to the EPA, DPU acknowledged the findings and outlined plans for equipment refurbishment and an updated emergency response plan, set to be completed in early 2025.
When asked why it took more than two years to respond to the EPA findings, a city spokesperson claimed DPU did not receive the report until August 2024. WTVR is awaiting clarification from the EPA.
Court hears case on police payroll transparency
The Virginia Court of Appeals on Tuesday considered a case that could establish a key precedent for police transparency, the Richmond Times-Dispatch reported this week. The case arises from a public records request by Alice Minium, who runs a police accountability website, seeking access to the Hanover County Sheriff’s Office payroll.
Sheriff Col. David Hines largely denied the request, redacting 90% of his deputies’ names. He cited a state law intended to safeguard undercover operations, arguing that all deputies could potentially serve in such roles.
Minium challenged the denial in court but lost at the circuit level. Her appeal, along with a similar case involving the Chesterfield Police Department, could establish new guidelines for public records access in Virginia.
During Tuesday’s hearing, Minium’s lawyer, Andrew Bodoh, argued that Hines’ broad interpretation of the law undermines the transparency guaranteed by Virginia’s Freedom of Information Act (FOIA). He emphasized that FOIA exemptions must be narrowly applied and that payrolls are explicitly public records under state law.
Hines’ lawyer William Tunner countered that the law’s language supports withholding the information to protect future undercover operations, asserting that revealing officer names could jeopardize public safety. The panel of judges, however, appeared skeptical of Hines’ expansive interpretation, with Presiding Judge Lisa Lorish questioning how a payroll list inherently reveals undercover activities.
Minium, who launched her transparency organization OpenOversightVA in the wake of nationwide protests against police brutality, said the case is about accountability.
“Secrecy shrouds, if not misconduct, the ability to engage in misconduct,” she said.
The University of Virginia’s First Amendment Clinic filed a brief supporting Minium, arguing that the lower court’s ruling undermines government transparency. A decision from the Court of Appeals is expected to clarify how FOIA applies to similar cases across Virginia.
Purcellville town manager fired in controversial council move
Purcellville Town Manager Rick Bremseth was fired Wednesday night during a special meeting called by newly elected Mayor Christopher Bertaut, with little explanation provided, according to a report by LoudounNow.
The council voted 4-3 to terminate Bremseth after a 40-minute closed session, appointing former mayor Kwasi Fraser as interim manager. Council members Erin Rayner, Kevin Wright, and Caleb Stought opposed the motion.
Newly elected Councilor Ben Nett, who made the motion, offered no specific reason for Bremseth’s termination.
When questioned about how the decision was made before public discussion, Bertaut explained that private interviews with council members had been conducted over several months.
“We decided this was the best path forward to achieve our goals and objectives,” Bertaut said.
While Nett called the move an “interim step” with plans to open the position to applicants, Wright sharply criticized the decision, calling it “the definition of corruption.”
“It was predetermined, done behind closed doors, and forced on the citizens,” Wright said.
Susan Khalil, a recently elected council member, defended the decision, citing concerns about unexplained financial issues in the town’s records and her support for Fraser’s vision.
“I believe he is extremely knowledgeable about how to turn things around,” Khalil said.
The announcement sparked outbursts from the audience, with some calling the council members “cowards” and “puppets.”
Despite the tension, Bremseth addressed the room, thanking town staff and department heads.
“It’s been an honor and a privilege, and I salute you,” he said, receiving a standing ovation as he left the chamber with his wife.
Bremseth, a retired U.S. Navy veteran and former SEAL Team commander, was hired as Purcellville’s interim town manager in June 2023 and made permanent a month later.
His contract requires a 60-day notice of termination and provides six months of severance pay, estimated at $80,000, unless terminated for specific causes such as fraud, felony conviction, or insubordination.
Fraser, who served four terms as Purcellville’s mayor before stepping down in 2022, now steps into the interim role amid heated debate and scrutiny over the council’s decision.
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