FOIA Friday: Newspaper sues UVA, UMW shields records on campus protests

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. 

Daily Progress files FOIA suit over UVA shooting report

The Daily Progress is challenging the University of Virginia’s decision to backtrack on promises it would release its report on the 2022 mass shooting on campus that killed three members of the school’s football team, the Charlottesville newspaper reported last week.

State officials hired an outside law firm to look into the incident and produce a report that cost $1.5 million. When that process began, officials indicated the report would be made public, but UVA later said it would not release the document to avoid interfering with criminal proceedings against the alleged shooter, a former football player.

After the university denied two FOIA requests from the Charlottesville newspaper and refused to release a redacted copy of the document, reporter Jason Armesto filed a legal petition asking a court to order the report to be released. The judge overseeing the case has already denied an initial attempt by UVA’s lawyers to have the case thrown out.

The report could shed more light on how UVA officials responded to earlier warning signs about the alleged shooter and how thoroughly they investigated a report that he spoke about having a gun before the violence occurred.

Daily Progress Editor Reynolds Hutchins said he and his team are “happy to see this case move forward.”

“As a newspaper of record, it is the responsibility of The Daily Progress to hold higher powers accountable,” Hutchins told his paper. “We ask that the University of Virginia keep its promise.”

UMW refuses to release records on campus protests

The University of Mary Washington invoked several FOIA exemptions to shield communications records showing how the university interacted with Gov. Glenn Youngkin’s office and the Virginia State Police before breaking up a pro-Palestine encampment on campus, according to the FXBG Advance.

The university withheld eight emails under an exemption for information “relative to criminal intelligence or any terrorism investigation in the possession of the Virginia Fusion Intelligence Center.”

An additional two emails were withheld under a transparency exemption for “working papers and correspondence” of the governor, lieutenant governor and attorney general.

FXBG Advance, a nonprofit news outlet focused on the Fredericksburg region, requested communications in the three days leading up to the April 27 protest clampdown.

Megan Rhyne, executive director of the Virginia Coalition for Open Government, told FXBG Advance the university cannot use an exemption that applies to other government officials but not the university itself.

“It’s not up to [UMW] to assert the exemption on behalf of someone else,” Rhyne said. “The university can only use its own exemptions.”

York County School Board cancels retreat over transparency issues

The York County School Board, which has seen numerous controversies after the election of several right-wing members, chose not to move forward with a planned retreat for members due to concerns it might violate FOIA, according to Hampton Roads-area TV station WAVY.

The board’s attorney pointed to discrepancies between when the meeting date was set and when it was announced to the public, as well as issues with when the public had access to the meeting agenda and materials that were going to be used at the meeting.

One board member accused Board Chair Lynda Fairman of trying to run things on her own without regard for open meeting rules.

“If you had merely just asked for help, advice or guidance from the superintendent … or the board attorney, you could have avoided much of this, but you refuse to communicate,” said Board Member James Richardson.

Fairman declined to comment to WAVY in response to Richardson’s remark.

Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: [email protected]