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The Richmond School Board must release the investigation it commissioned into last summer’s shooting outside the Altria Theater following Huguenot High School‘s graduation, a circuit court judge ruled Tuesday afternoon. His order requires that the school board release the report with those redactions by 1 p.m. on Wednesday. The board has not released the report since its completion in November, when the board’s nine members were allowed to read it. In response to public records requests, the board cited an attorney-client privilege exemption in Virginia public records law. A lawyer for the school board, John Cafferky, proposed that Sands Anderson’s investigation was always meant to be confidential. “No witness came into here today and told you there was any legal advice,” said David Lacy, who represents The Times-Dispatch. “In matters of FOIA law, the tie goes to the runner.”

"Clearly nothing within the four corners of the 8/14/2023 resolution sought legal advice. The resolution is very straightforward in what the School Board wanted from the investigation, and legal advice was not included," Judge Marchant wrote. Judge Marchant added "a non-privileged document does not somehow become privileged simply because it includes information the owner would prefer not to disclose" and that the attorney-client exemption "does not protect documents and other communications simply because they are the result of an attorney-client relationship."

"The test for determining whether the Report is privileged, set forth above, does not include potential, or even actual, consequences that might flow from the disclosure. Any potential consequences of publicly disclosing the Report are not a basis to exempt the Report from mandatory disclosure."

Hampton government officials believe a Virginia Supreme Court ruling last year drastically changed the rules regarding what is considered a public meeting and therefore subject to Virginia Freedom of Information Act requirements. To avoid landing in hot water, the City Council is changing how it conducts itself when members attend local gatherings. While some open government advocates say Hampton’s legal interpretation of the court ruling appears extreme, the court case has caused consternation for other local governments. In an attempt to clarify what type of public engagement now requires advance public notice, Virginia lawmakers have introduced at least three bills in this year’s General Assembly to address the ruling. Hampton Deputy City Attorney Meredith Jacobi said the Gloss v. Wheeler ruling “greatly expanded” what is now considered a public meeting under Virginia FOIA. Megan Rhyne, executive director of the Virginia Coalition for Open Government, doesn’t view the Gloss v. Wheeler ruling as a “seismic” shift for local governments.

The Northern Shenandoah Valley Regional Commission (NSVRC) and Winchester-Frederick County Metropolitan Planning Organization (MPO) need your help as they prepare a Safe Streets for All initiative for Winchester and Frederick County. A virtual public hearing involving the project's consultant, the McCormick Taylor civil engineering firm, will be held at 6:30 p.m. Wednesday. Participants must register prior to the one-hour online event by visiting https://bit.ly/48ACjVY. There is no cost to join and Spanish interpretation will be available.

Note: Though there are rules allowing for all-virtual meetings of public bodies in non-emergencies, those rules do not extend to planning commissions (see 2.2-3708.3(C)).

A new member of the Nottoway School Board says that during orientation in December, officials were instructed — and strongly encouraged — to set-up their cell phones so that text messages will be deleted automatically in an apparent effort to circumvent the Freedom of Information Act (FOIA). District Five rep Michele Duncan said text messages to and from elected officials are public documents obtainable under FOIA, but board members were told at orientation, “If it’s not there, it didn’t happen.”

In the days after the newly instated Rockingham County Board of Education made two decisions Monday, many teachers, parents and students found themselves in the crosshairs of culture wars, as teachers are now required to remove certain books and report student nicknames. In emails received by the FOIA request by The Citizen, school board member Hollie Cave responded to an email from an English teacher and librarian inquiring why “The Invisible Boy” by Trudy Ludwig was on the list of books being temporarily removed. “I did extensive personal research on 48 percent of what was submitted; this was work that should’ve been completed by a committee,” Cave wrote. RCPS Superintendent Larry Shifflett confirmed that the current policy was not used for the 57 books under temporary review by the board.

By unanimous vote, the Pittsylvania County Board of Supervisors on Tuesday night eliminated a requirement that fire and rescue agencies submit financial audits to the county. The move is retroactive with the start of the fiscal year last July, meaning groups may get a refund for money spent — up to $3,000 — to conduct the audits. “This issue has been put to rest by our new board," Vic Ingram, supervisor for the Tunstall District, said Tuesday night, citing the controversial procedure. “As of today the audits are no longer, unless there is a need for that."

For decades, legislators and advocacy groups have tried to reform Virginia’s lax campaign finance laws, to no avail. Meanwhile, the money that pours into campaigns has grown exponentially, providing an easy target for abuse and diminishing the political clout of those who should have the most say: the state’s voters. With voters of both parties alarmed about the increasing influence of big money in the commonwealth’s elections, this an opportunity to get something done. The legislature should make it a priority this session to reform campaign finance rules to protect the interests of all Virginians, candidates and voters alike.

It's that time of year when we seek nominations for our annual FOIA Hero awards. Nominate your citizen, press or government FOI hero by clicking the link. Award winners will be recognized at our conference in April 2024.
DEADLINE IS JANUARY 31.