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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.
Louisa resident raises awareness about advertising requirement for county meetings
A Louisa County resident and her local government are not seeing eye to eye when it comes to advertising local meetings.
Tammy Purcell, a Louisa resident, posted her frustrations on social media with some meetings not being advertised on Nov. 14.
“I am so tired of the Louisa County Board of Supervisors holding committee meetings and not advertising them as required by VFOIA,” Purcell posted on X. “I have raised this issue privately with members of the board and the county administrator yet it has made no difference. Do public business in public.”
While Louisa does advertise meetings for the Board of Supervisors and some other related groups, Purcell challenges whether officials are meeting state law that requires the locality to advertise all of its meetings, including those with only two supervisors instead of the full body, or one with county residents appointed by the board or local government leaders such as the mayor or an administrator.
Cindy King, a spokeswoman for Louisa County, said the county follows state law when forming advisory boards, committees and commissions. As stated, the “governing body of any locality” is responsible for the appointments.
King also said the county advertises meetings, in accordance with state law, on the county website, county office building and/or in the newspaper, and said residents can contact the county to confirm meeting dates and times. She did not directly respond to whether the county believes it should advertise committee meetings with only two supervisors and non-board members.
Megan Rhyne, executive director for Virginia Coalition for Open Government, said any committee created by the full public body, even with only two members, is subject to the Freedom of Information notice requirements. However, some committees could fall outside of the FOIA notice requirements if a committee is formed by an individual such as an executive or administrator. Whatever the scenario, Rhyne said, the goal should be enhancing, not restricting, transparency with the public.
“If you’re trying to set up ways to avoid having to have your meetings in public, that, to me, is a recipe for breeding mistrust,” Rhyne said.
Purcell said since her X post, she has seen improvements on Louisa’s part to advertise public meetings. Duane Adams, chair of the Louisa County Board of supervisors, even shared a weekly lineup of meetings with Purcell in response.
“Transparency and open government are at the top of my priority list,” said Purcell, “And I want that to be a priority for everyone in all forms of government.”
Long-withheld report on UVA shooting expected by February
The University of Virginia will release a highly anticipated report into the 2022 slaying of three student athletes by a former student who this week pleaded guilty to murder in the case as early as February, officials said.
Albemarle County Circuit Court Judge Cheryl Higgins accepted accused shooter 25-year-old Christopher Darnell Jones Jr. plea of guilt on Wednesday and scheduled his sentencing for February 4.
In the days following the Nov. 13, 2022 shooting, UVA officials requested the Office of the Commonwealth’s Attorney to conduct an independent review of the university’s response to the incident and its previous efforts to assess the potential threat Jones, a former student and UVA football player, posed to the community.
UVA also requested special counsel to review all relevant university policies and procedures and make recommendations for improvement.
After receiving confirmation that the special counsel had completed the report, university officials delayed publishing it in what officials said was an effort to prevent it influencing the trial.
“Making the reports public at this time, or even releasing a summary of their findings and recommendations, could have an impact on the criminal trial of the accused, either by disrupting the case being prepared by the Albemarle County Commonwealth’s Attorney, or by interfering with the defendant’s right to a fair trial before an impartial jury,” University of Virginia President Jim Ryan said in a statement.
On Wednesday, Jones pleaded guilty to three charges of first-degree murder, two charges of malicious wounding and five firearms charges at the Albemarle County Circuit Court, the Daily Press reported. Prosecutors charged Jones and alleged he was responsible for shooting five students on a charter bus when they returned to the campus from a field trip to Washington, D.C.
Three of the students — Devin Chandler, Lavel Davis Jr. and D’Sean Perry — were football players, all of whom died. Mike Hollins, a teammate, and Marlee Morgan, a second-year student with the team, were wounded and survived.
Uncertainty around elections office investigation report
The city of Richmond’s Inspector General James Osuna is facing claims that his office has “stonewalled” an official’s attempts to learn more about the investigation into the city’s elections office over claims of improper spending and nepotism against General Registrar Keith Balmer, according to a WRIC report.
Starlet Stevens, chairwoman of the Richmond Electoral Board, said in a statement to WRIC that, to her understanding, the investigation was completed in the late summer and was under review by the city’s legal department.
Stevens said she contacted Osuna who told her the office wanted to wait to release the report until after the Nov. 5 election. Weeks after the election, she said she has yet to receive a response about the status of the investigation.
“It’s safe to say I’m being ‘stonewalled,’” Stevens wrote to WRIC.
Osuna told WRIC that the report “has not been issued at this time,” but he failed to respond to questions of whether the office had completed the report.
Stevens is seeking the removal of Balmer, who declined to comment on WRIC’s story.
Richmond suspended the purchasing credit cards of Balmer and Jerry Richardson, deputy registrar, after the city found that they violated the city’s purchase card program for qualifying small purchases. According to the city, the program “allows payments to be made promptly, eliminates problems with delayed or lost payments, and reduces the overall processing requirements for transactions under $10,000.”
Between April 15, 2021 and May 1, 2024, cards belonging to Balmer and Richardson showed purchases on art, hotel stays, furniture, food, ammunition, shoes and clothes, according to WRIC.
Last year, records show that the two also spent more than $11,000 collectively on hotel stays, primarily at The Hotel Roanoke and Conference Center in August of that year.
Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@virginiamercury.com