FOIA Friday: Special prosecutor clears Franklin County officials in open-meetings investigation

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.

Lynchburg prosecutor finds no criminal conduct by Franklin County officials

A special prosecutor has concluded that several Franklin County officials committed no criminal conduct or violations of Virginia’s Freedom of Information Act following an investigation prompted by complaints from county residents, WDJB reported last week. 

Lynchburg Commonwealth’s Attorney Bethany Harrison was appointed to investigate the allegations to avoid a conflict of interest. The complaints involved Board of Supervisors Chair Lorie Smith, Vice Chair Nick Mitchell and County Administrator Steven Sandy.

After reviewing the allegations, exhibits, Virginia law, court decisions and publicly available county records, Harrison determined “the information presented did not provide sufficient evidence of criminal violations by Chair Smith, Vice Chair Mitchell or County Administrator Sandy.” 

She also found insufficient evidence to request a Virginia State Police criminal investigation.

The complaints cited emails obtained through FOIA requests showing Smith polling supervisors about how they intended to vote on several budget items, which complainants argued violated Virginia’s Open Meetings Act.

Other emails showed Sandy communicating with Smith and Mitchell about items to be placed on meeting agendas. The complaint alleged the officials sidelined other supervisors, including by suppressing a proposed solar development moratorium Supervisor Dan Quinn wanted brought to a vote.

Sandy criticized the allegations and their public release before the investigation was completed.

“I am grateful that this investigation has found no merit to the claims,” Sandy said.

Smith said Harrison’s findings represented “the beginning of the truth coming to light after more than a year of factual inaccuracies and baseless allegations.”

Mitchell also criticized the complaints, saying they had cost the county staff time and taxpayer dollars.

County Attorney Jim Guynn said residents have a right to question government decisions, criticize elected officials and seek public records, but said those rights do not justify “a sustained campaign of unsupported accusations, personal attacks, intimidation, or efforts to damage the reputation and personal well-being of public officials and employees.”

Records show Purcellville stopped paying town manager in June

Purcellville Town Manager Kwasi Fraser has not been paid by the town since June 4, according to documents obtained by Loudoun Now through a Freedom of Information Act request.

Fraser’s employment status remained unclear, as the outlet’s reporting last month. He was placed on paid administrative leave in July 2025 following his arrest alongside Vice Mayor Carl Nett on charges of bid-rigging and conspiracy.

Town records show Purcellville paid Fraser just over $180,000 while he was on leave, a decision that drew criticism from residents.

The town has also paid Anthony Sabio $100,000 for serving as interim town manager for six months and allocated $130,000 to the Robert Bobb Group to provide interim town managers through the end of 2026. Assistant Town Manager Diana Hays received just under $2,500 for serving as acting town manager for three months.

Mayor Christopher Bertaut and Town Council members did not respond to requests for comment from Loudoun Now about why Fraser’s payments stopped or his employment status. The town declined to comment, citing personnel matters.

The timing of the halted payments coincides with a court-ordered suspension of Fraser and Nett.

Circuit Court Judge Randy Bellows approved a motion from Special Prosecutor Eric Olsen to suspend the two under legislation introduced by Sen. Russet Perry, D-Loudoun, and Del. John McAuliff, D-Fauquier, that took effect earlier this year.

Bellows ruled that Fraser and Nett qualified as town officials subject to the law and ordered their suspensions effective May 28.

Neither the legislation nor arguments before the court addressed whether officials would continue to be paid while suspended.

Virginia medical examiner’s departure raises questions over Tidewater cases

Questions have emerged about cases handled by a former assistant chief medical examiner in Virginia’s Tidewater district after officials learned she provided an inauthentic letter indicating she had passed a forensic pathology board exam, according to a Virginian-Pilot report from Aug. 19.

Officials with the Office of the Chief Medical Examiner learned in January that Dr. Fernanda da Silva Lameira had not passed the exam nearly two years earlier, despite the letter stating otherwise. She subsequently left the office.

In January emails to Virginia Department of Health administrators, Lameira denied knowing she had failed her first attempt at the exam. She wrote that she believed an ex-partner created the letter without her knowledge.

The Pilot recently obtained the emails and other documents that prosecutors have provided to several defense attorneys as part of their legal obligations.

Lameira disputed the concerns in an email, saying the story “is false and it doesn’t make any sense,” and maintained there was no issue with her court testimony.

She also said she signed a confidentiality agreement with the Virginia Department of Health stating that her firing was not public information and that she would not discuss it publicly.

As of August, it remained unclear how many autopsies Lameira conducted after joining the chief medical examiner’s office in July 2023.

Turmoil in Mineral puts small town’s future in question

Mineral, a small Virginia town that once faced the possibility of being dissolved, could avoid that fate if its leaders can overcome months of political turmoil and dysfunction, the Daily Progress reported last week.

The Louisa County town of 555 residents has seen town council meetings marked by shouting, name-calling and cursing. There has also been an accusation of attempted blackmailing involving a failed honeypot scheme, while the town manager has been fired, rehired, fired and rehired again in less than a year. 

Checks intended for town vendors have gone missing, and until this month, two council members were engaged in back-channel negotiations with Louisa County over dissolving Mineral’s charter. 

Questions have also emerged over the town’s handling of public meeting records. 

Mayor Pamela Harlowe has acknowledged doctoring meeting minutes, making records of council proceedings difficult to track and understand. 

Before leaving the council, former member David Hempstead defended Harlowe’s approach during a Feb. 9 meeting, arguing that “not everything” needed to be recorded in open session and that “meetings don’t have to be public.” 

Under Virginia law, meetings of public bodies are generally required to be open to the public, except when they are lawfully convened in closed session.

Despite the turmoil, Mineral may still avoid dissolution. Whether it does could depend on the ability of town leaders to resolve their disputes and restore basic government operations. 

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