FOIA Friday: Richmond asks to dismiss whistleblower suit, abuse allegations in Roanoke government

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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. 

Richmond moves to dismiss FOIA whistleblower lawsuit

In a motion filed April 26, the city of Richmond asked the locality’s circuit court to throw out a complaint by the city’s former FOIA officer, who said she was fired for refusing to comply with what she called the city’s practice of improperly responding to records requests from the public and media outlets. 

The Richmond Times-Dispatch reported that the city characterized the complaint made by Connie Clay as “baseless.” Clay’s lawsuit claimed she was fired by the city’s strategic communications and civic engagement officer Petula Burks in January because Clay wouldn’t comply with “illegal and unethical activities in violation of FOIA.” In its dismissal motion, the city refuted Clay’s examples of its alleged FOIA noncompliance by saying they simply demonstrated the “many times that Clay and Burks disagreed about which records could be withheld.”

After Clay filed her lawsuit, the city said it would make changes in its FOIA fulfillment process, including going back to its former policy of appointing FOIA officers to every department. It appears to be following through on that commitment, with 26 FOIA officers now designated for various departments on the city’s website.  

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.

Records request reveals verbal abuse allegations against Roanoke city employee

Following the abrupt demotion of Roanoke’s former assistant city manager last month, a former city budget manager’s emails to city council members show the budget manager lodged complaints against then-assistant city manager Brent Robertson for allegedly “verbally attacking” and “physically threatening” her, leading her to quit. 

The unnamed former city budget manager wrote to councilors in an April 5 email obtained by the Roanoke Rambler through a FOIA request that “I am unable to see myself continue to perform well in a restrictive, unwarranted, unsafe, and hostile work environment.” 

Soon after that email was sent, Robertson was demoted to a role without any direct reports and a smaller salary by City Manager Bob Cowell. City leaders initially stayed mum about the reason for Robertson’s position change, saying it was a personnel matter. Robertson himself said his position shift preceded his retirement, planned for Nov. 1. 

Another senior city employee, Deputy Finance Director Amelia Merchant, emailed the council April 10 and urged them to terminate Robertson and Cowell, to whom she reported. 

“The current administration is toxic and damaging for the organization. We, the staff of the organization, need for City Council to remove Bob Cowell and Brent Robertson effective immediately. It is for the good of the organization,” Merchant wrote. 

Cowell told the Rambler he demoted Robertson after learning of the incident alleged by the former budget manager and that he will “continue to work with the Mayor and Council to ensure our workplace remains one that is safe and where employees are valued and able to thrive.”

Robertson reiterated his intent to retire in November in a statement to the Rambler, adding that he was “disappointed in the assertions made” against him.

Former Portsmouth employee sues mayor, council member

Portsmouth’s mayor and a city council member are being sued by the city’s former assessor, who said he was fired in retaliation for refusing to improperly assess taxes on a 140-acre private golf course.

Patrick Dorris levied the $5.35 million lawsuit against Mayor Shannon Glover and council member Bill Moody, whom Dorris claimed directed him not to tax the golf course, the Virginian-Pilot reported.

Additionally, shortly before he was removed from his position, Dorris said “Glover ‘demanded the assessment’ of Rivers Casino Portsmouth using building permit values, which Dorris expressed was an unreliable method for determining value.”

A review by city council found that the Elizabeth Manor Golf and Country Club didn’t pay the city real estate taxes for decades before Dorris became assessor. An open records request by the Pilot found that while the golf course’s taxes were previously set to be lowered through an agreement with the city, “since at least 2003, the golf course had all of its taxes abated and wasn’t charged the lowered rate until 2022.” 

Dorris’ lawsuit includes the results of a review by the Virginia Department of Taxation that found the city had improperly exempted the golf course from taxes.

Both Glover and Moody decried the allegations in Dorris’ lawsuit as false, according to the Pilot. Moody added that anyone is subject to being sued. 

“[It’s] well known you can sue a ham sandwich,” Moody said. 

Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@virginiamercury.com

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