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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.
How many people detained by ICE at the Chesterfield Courthouse were there for traffic-related violations?
As the federal government continues an aggressive crackdown on illegal immigration nationwide, ICE agents’ detainment of undocumented immigrants at the Chesterfield Courthouse have dominated headlines across the state this summer and prompted pushback from advocates and legislative leaders who say the practice isn’t transparent, fuels fear in Latino communities and hinders due process.
A report from WTVR showed during a four-day period in June, ICE detained 15 people. A Freedom of Information Act request revealed that five of those 15 had non-traffic related violations, with the most serious offense being assault on law enforcement.
The other ten were in court for traffic citations such as improper vehicle registration, or driving while suspended or without a drivers license.
Gov. Glenn Youngkin and Attorney General Jason Miyares supported the ICE detentions at the courthouse, with the governor saying the majority of undocumented immigrants detained were violent criminals who “should be arrested.”.”
But the television station’s review of those 15 people’s criminal records in the state found only two had faced previous charges for violent offenses.
Over 2,500 people have been detained by ICE in Virginia since March. Congresswoman Jennifer McClellan pushed back against the Youngkin administration’s claim that most of them were violent criminals, stating she does not believe all 2,500 people have violent offenses because of the lack of evidence to support that claim.
McClellan recently introduced legislation into Congress that requires the U.S. Department of Homeland Security to track and publicly report when U.S. citizens or lawful permanent residents are detained or deported for immigration purposes. This is in an effort to create transparency and bring to light potential wrongful removals.
The Mercury’s efforts to track FOIA and other transparency cases in Virginia are indebted to the work of the Virginia Coalition for Open Government, a nonprofit alliance dedicated to expanding access to government records, meetings and other state and local proceedings.
Loudoun County School Board looks to limit public comments
Twice a month, the Loudoun County School Board has two public comment nights. But one member of the board wants to limit the invitation to the public to speak their minds to once a month.
WJLA reported that board member Anne Donohue said it has been a challenge to balance receiving public opinions and maintaining time to conduct board business. The topic will be debated at a meeting next month. There could be further limitations after recent meetings have dragged on late into the night.
Hot button topics, such as the debate over if students should be allowed to use the locker room or bathroom that aligns with their gender identity, have drawn large crowds of people eager to share their thoughts.
The report stated that Prince William, Arlington, and Alexandria school boards limit public comment to one hour per meeting. Prince William County can extend that time if there are a lot of speakers. Fairfax County School Board limits the number of people who can speak at each meeting and people are selected through a lottery.
Former Richmond City Council candidate in hot water over campaign finance filings
The Virginia State Police are investigating Tavares Floyd after campaign finance filings for his failed run for the 6th District City Council seat raised questions. The Richmond Times-Dispatch reported that multiple supposed donors said they never contributed to the campaign.
The paper submitted a Freedom of Information Act request to see the interview notes related to the state police investigation. A FOIA officer rejected the request, stating the files are exempt from production due to being part of an active criminal investigation.
Floyd, who was running against the incumbent Councilwomen Ellen Robertson and another candidate, Willie Hilliard, reported $150,000 in campaign donations from people around the country.
Five donors said they never made donations to Floyd’s campaign, with some stating they had never heard of him. A sixth person listed as a donor had been dead for 30 years.
Floyd reportedly refused to answer the Times-Dispatch’s questions and sent the newspaper a cease and desist letter.
Norfolk Superintendent faced more than one attempt to fire her
Records obtained by journalist Jim Morrison revealed that when Norfolk School Board fired Superintendent Sharon Byrdsong, there had been efforts in the works for years to oust her.
The report published by WHRO explains through emails and phone calls between other board members obtained via Morrison’s FOIA request, Byrdsong had been serving as interim superintendent when she was hired in 2020 and she had not applied for the position.
The former school board chair had written in a Feb. 19, 2020 email that a phone call from former school board member Rodney Jordan seemed threatening because he pressured Byrdsong not to apply for the job, saying it would “ruin her career”.
The board ultimately approved a contract for Byrdsong but there were divisions between the board members on if they approved of having her in the position.
The 4-3 vote that ended Byrdsong’s tenure as the superintendent had been added last-minute to the agenda and did not provide cause for her termination. The termination didn’t include a public announcement about her severance package, which is required by Virginia law to be shared.
Emails obtained through public records requests show that there had been negotiations between Byrdsong and her attorney before the vote for her to potentially resign without cause. They also showed there had been attempts in 2024 to oust Byrdsong that had been thwarted by other members of the board.
After she was fired, the Norfolk City Council seemingly hit back at the school board by passing a resolution praising her and spoke about her successes.
Morrison faced some challenges getting the public records requests in this case and ended up taking Norfolk Public Schools to court to obtain the records. He faced delays, omissions, and what he considered to be excessive fees for the files. After he filed suit, he reported that the school district had been much more responsive to his requests and even waived all fees.
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Author: Staff Report
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