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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.
Following the sudden resignation of University of Virginia basketball coach Tony Bennett in October, Lee Enterprises sports editor Matthew Kiewiet filed a Freedom of Information Act (FOIA) request seeking details about the matter. The university failed to fulfill the request until Dec. 18 — 40 business days after it was filed, a clear violation of state FOIA laws.
Under Virginia law, public institutions must respond to FOIA requests within five business days, with an option to extend by seven additional business days if necessary. If a request is denied, institutions are required to cite specific state code exemptions and describe the withheld materials.
Kiewiet, sports editor for Lee Enterprises, which owns the Richmond Times-Dispatch, had requested correspondence between Bennett and the university concerning a memorandum of understanding that had previously been described as a “signed contract.” Bennett, who led the Cavaliers for 15 seasons, including their 2019 National Championship win, announced his immediate departure in October.
Now reviewing the records he finally received, Kiewiet described UVa’s FOIA process as “obnoxiously tedious.”
“Maybe some folks have had better luck than me, but I haven’t heard glowing reviews from others,” he told The Mercury “They charge astronomical prices, which I am aware is legal, for their public records, and in this instance they didn’t seem especially eager to hand over what I requested.”
The university waived the fees for Kiewiet’s request, a gesture he dismissed as inconsequential.
”Whoopty doo,” he said.
Former Culpeper Sheriff Scott Jenkins convicted in federal bribery scheme
Scott Jenkins, a former Culpeper, has been convicted on federal bribery and fraud charges after being accused of deputizing wealthy civilians who paid tens of thousands of dollars for badges. Key testimony in the case came from Jenkins’ former aide, Kevin Rychlik, who alerted the FBI to the scheme and secretly recorded hours of conversations that became a cornerstone of the prosecution’s case.
During the trial, Rychlik testified that in 2011 he gave Jenkins a $5,000 donation in exchange for an auxiliary deputy badge, NBC 4 reported. The badge granted him the same rights as a sworn deputy. Rychlik also told the jury that he later became a campaign fundraiser for Jenkins and witnessed money and badges exchanged with others.
After being investigated for unpaid taxes, Rychlik became an FBI informant and tipped off authorities about Jenkins’ scheme. Prosecutors revealed that Rychlik recorded meetings with Jenkins as part of the investigation.
Payments to Jenkins reportedly ranged from $5,000 to $25,000, with funds going to Jenkins’ re-election campaigns or being pocketed personally, according to The Washington Post.
Jenkins is scheduled to be sentenced in March of next year.
Prince George Board of Supervisors wants to ‘eliminate restrictions’ on meetings
The King George Board of Supervisors is asking the General Assembly to revisit state laws governing public meeting requirements, aiming to ease restrictions on how members can convene.
At a recent meeting, the board outlined legislative priorities for the state government, including a request to “eliminate restrictions on the Board of Supervisors’ meeting capabilities,” FXBG Advance reported.
Under Virginia law, any gathering of three or more members to discuss government matters must be advertised as a public meeting, with details on how the public can attend. This applies to both in-person and electronic meetings, such as those held over Zoom.
However, a 2004 Virginia Supreme Court decision ruled that email exchanges between members do not constitute a public meeting, provided the communications are not simultaneous.
Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@virginiamercury.com
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