Last week, the Richmond Sheriff’s Office responded to a Richmond Times-Dispatch Freedom of Information Act request for payroll records with a well-worn tactic increasingly deployed by government agencies across Virginia: obstruction by charging inflated fees.
The sheriff’s office determined that fulfilling the request would require 20 hours of labor, costing The Times-Dispatch $1,385. In correspondence with reporter Luca Powell, the sheriff’s office explained that one of the employees who would be assigned to the task is paid an hourly rate of $98.46 and would need to spend eight hours collecting the data.
It’s not the most egregious abuse of the open-records law. The Office of Attorney General recently required Virginia’s NAACP chapter to put down a $20,000 deposit after it requested records relating to the recently established election integrity unit. After releasing a tranche of heavily redacted documents in late November, the AG’s office wound up charging the NAACP roughly $9,500, which might seem generous if the initial quote wasn’t so outlandish.
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Virginia’s Freedom of Information Act was passed into law in 1968 to guarantee access to public records and meetings of government officials. It’s a critical tool used daily by citizens and journalists to keep tabs on how government operates, and how taxpayer dollars are being spent. But over the last few decades state lawmakers have added countless exemptions to FOIA — some reasonable, some not-so reasonable — based on the idea that publicly releasing some records, such as those pertaining to ongoing investigations or contract negotiations, can at times impede important government work.
Yes, the cost in staff time devoted to FOIA requests is real. And reporters have long had to negotiate and work with government officials to obtain public records. Sometimes, the requests are unwieldy and too broad, and wind up consuming inordinate amounts of staff time and resources. Government agencies are allowed to “make reasonable charges” for supplying public records and are required by law to make “reasonable efforts to supply the requested records at the lowest possible cost.”
But what is reasonable? Is it assigning the work to a sheriff’s office employee who makes $204,000 a year? That’s where FOIA falls short. State law is vague on the topic of reasonableness.
So it turns out to be fairly easy to withhold documents by charging exorbitant fees — or by using the classically vague “working papers” exemption — for a simple reason: The only way to resolve such disputes is by suing the governing body, and settling the matter in court.
Earlier this year, The Times-Dispatch sued the administration of Gov. Glenn Youngkin after it refused to make available public documents regarding the hiring of March Bell, a senior adviser to Virginia Secretary of Public Safety and Homeland Security Bob Mosier, citing the working papers exemption. A Richmond General District Court judge ruled in the RTD’s favor in October. It was a small victory, but one that was only possible because The Times-Dispatch has a vested interest in an open, more transparent government — and the resources to hire an attorney.
Few citizens can afford to plunk down $20,000 for a FOIA request or have access to an attorney specializing in open-records law. Nowadays, the same is true for many news organizations struggling with limited resources. So, as a result, the inquiring citizen or journalist is often left with no choice but to abandon the request.
Still, that’s not the real problem. The abuse of FOIA is symptomatic of something more worrisome: Government officials have increasingly come to the realization that obstructing the public’s business bears almost no consequence. In these days of reality-bending politics, there are no repercussions for denying the public access to public records.
There’s a reason, after all, why the General Assembly has rejected efforts to amend the Freedom of Information Act to make it more accessible. It’s simply not a political priority, says former journalist and current Prince William County Del. Danica Roem, who has introduced legislation that would require public bodies in the state fulfill FOIA requests free of charge, so long as they take no more than two hours of staff time. For those requests that take longer, the bill would limit the hourly rate that public bodies can charge at $33.
Roem has introduced some version of the legislation every year since taking office in 2018. It’s never so much as made it out of committee. After the bill was recommended for approval by the Virginia Freedom of Information Advisory Council, the legislation was tabled again earlier this year and left idling in the House General Laws Committee.
“There are so many stupid things that we fund in the budget rather than transparency and accountability,” says Roem, referencing, for example, recent discussions over public funding for a new stadium for the Washington Commanders. “We at the state government level do not put in the dollars to show that we value transparency as a priority issue for the commonwealth.”
Richmond’s sheriff, Antionette Irving, may not be the worst offender. She may not even be an outlier. There’s a growing corps of government officials who have discovered that it’s easier, and more politically prudent, to use any means necessary to conduct the public’s business in the dark.
FOIA fights aren’t sexy, and they get lost in a crowded media market. But it matters. A growing lack of accountability and transparency breeds corruption and contempt for the democratic process. If a tree falls in an empty forest, does it make sound? One can argue the philosophical points, but if the trees keep falling — eventually there will be no forest.
— The Times-Dispatch Editorial Board
31 photos from The Times-Dispatch archives
Cloverleaf Mall
In November 1972, the Sears store in Cloverleaf Mall featured new coat and dress styles as well as furs. The Chesterfield County mall opened in August of that year; it closed in 2008, and the building was demolished in 2011.
VA State Capitol
In March 1974 at the state Capitol, Virginia first lady Katherine Godwin (second from right) unveiled a painting of the Virginia Declaration of Rights. The work, by Jack Clifton (front), was presented by the Virginia Daughters of the American Revolution. Assisting Godwin were state Sen. Edward E. Willey Sr. of Richmond and DAR official Mrs. John S. Biscoe.
Broad St.
In April 1966, Mrs. Arch Clegg inspected newly planted flowers on a median along Broad Street in Richmond. Two varieties of holly and more than 1,000 petunias were being planted on Broad that week between Adams and Eighth streets. The displays, sponsored by Downtown Retail Associates, were to stay in the planters until fall.
Air Force Women
In August 1952, WAC-WAF recruiting officer Lt. Eileen M. Toomey swore in four newcomers to the Women in the Air Force program. Taking the oath (left to right) were Vida M. Burton of West Virginia and Richmonders Doris Cannon Davis, Mary Lou Keck and Joyce Dodson.
Country Club of Virginia
In July 1953, tennis players Cliff Miller (from left), Al Dickinson and Bob Figg Sr. discussed the Country Club of Virginia’s annual tennis competition, which began the day before. Only Dickinson survived the first day of the competition.
Folk Dancing
In April 1970, Mr. and Mrs. Kenneth J. Lee demonstrated the steps for classmates H.G. Shaw and W.W. Foster in a local folk dancing class.
The Diamond
In April 1985, Cammie Joyce, a daughter of Dr. William H. Parker for whom the former Parker Field was named, threw out the ceremonial first pitch at the new Diamond on opening night for the Richmond Braves. The new baseball stadium on the Boulevard replaced Parker Field.
Monroe Park
In May 1969, an informal folk gathering brought a crowd to Monroe Park in Richmond. Composer Dan Riddick and a group of guitarists from Washington performed; guests were asked to bring toys and clothing for needy residents in Washington.
Broad St.
In June 1947, Richmond officials put up warning signs near the city limits on West Broad Street to limit speeding, which was a top traffic concern at the time.
Westhamtpon School
In September 1961, students entered Westhampton School in Richmond. That fall, Daisy Jane Cooper became the first African-American student to integrate the junior high school; the following year, she made similar history at Thomas Jefferson High School.
Piccadilly Cafeteria
In August 1972, William A. Richards, president of the Piccadilly Cafeteria chain, donned a chef’s cap and apron for a restaurant opening in the new Cloverleaf Mall in Chesterfield County. It was the second Piccadilly in the state; the first was in Norfolk.
Jackson Ward Reunion
In July 1979, Shirley McCoy performed a gospel number at a Jackson Ward reunion. The gathering at the Empire Theater brought together several hundred former residents and business owners of the Richmond neighborhood for a night of performances and community recognition.
Hull St. Station
In October 1982, Hull Street Station in South Richmond was vacant and boarded-up — the last regular passenger train to Danville had left 25 years earlier. The Southern Railway donated the station to the Old Dominion chapter of the National Railway Historical Society, which planned to convert the space into a museum and library. Today it houses the Richmond Railroad Museum.
Richmond Day
In May 1953, shoppers crowded downtown streets for Richmond Day, a promotion that began the year before. Like Black Friday, the event lured shoppers to stores with deals, such as $1 televisions, 2-for-1 car deals and $1 dresses. Merchants reported strong sales.
Dogwood Dell
In August 1965, the All American Touring Band and Chorus performed the finale at the Festival of Arts in Richmond’s Dogwood Dell. The ninth annual festival, sponsored by Federated Arts of Richmond Inc. and coordinated by the city parks department, lured about 52,000 people to 13 concerts and eight stage productions during the summer.
VCU Gym
In October 1989, two Virginia Commonwealth University students played racquetball in the school’s new gymnasium on Cary Street in Richmond. The brick building with glass cupola had been a farmers market in the late 19th and early 20th centuries and then became the City Auditorium, which hosted conventions and other events.
Noldes Bread
In July 1967, members of the Nolde family — Henry (from left), George, Carl and Arthur — watched bread roll off the assembly line at the Nolde Bros. Bakery in Church Hill in Richmond. Their relatives started a small baking operation in the 1890s, and by 1950, three area Nolde plants produced almost a million loaves per week to be sold nationally. Nolde closed in 1977.
Jackson Ward
In October 1986, preservationist and author Jim DuPriest led a tour of Richmond’s Jackson Ward neighborhood for 45 students from Luther Memorial School. The school was founded by German immigrants in 1856 at a time when the neighborhood had a notable German population; Jackson Ward later became one of the nation’s leading African-American communities.
Central State Hospital
In August 1969, airmen John McGinnis (center) and Ronald McGurn entertained a deaf youth at Central State Hospital near Petersburg. They were two of several servicemen from nearby Fort Lee who volunteered regularly at the hospital’s children’s unit. McGinnis, once a manager at a supermarket that employed several deaf workers, knew sign language and was teaching it to youths as well as McGurn.
Reynolds Metals
In June 1958, Reynolds Metals Co. employees Ethel Blue (left) and Bonnie Foy enjoyed some sun at the company’s new office space in Henrico County. The $10 million complex sprawled over 40 acres on a 160-acre property. Reynolds spent more than $150,000 on landscaping, including more than 10,000 trees, shrubs and plants as well as a greenhouse that supplied fresh flowers for the building.
Richmond Symphony
In April 1972, Mrs. Peter B. Bahler (left) and Mrs. Jay J. Levit showed off “Vive la Symphonie” buttons that were given to season ticket subscribers for the Richmond Symphony’s upcoming concert season, which would have an international flavor and be led by French conductor Jacques Houtmann. Bahler designed the blue, white and red buttons; Levit led the season ticket campaign.
Mooer's Field
In April 1949, Richmond Mayor W. Stirling King threw out the first pitch at the Richmond Colts home opener at Mooers Field. At right, wearing the new home uniform, is Colts manager Vinnie Smith. At left is Ray Schalk, manager of the Newport News Dodgers. The Colts won the Piedmont League game 6-5.
South Side Health Center
In September 1950, ground was broken for the South Richmond Health Center at 14th and Bainbridge streets. Members of the Richmond public health community and South Richmond Community Nursing Service participated in the ceremony. The clinic, which opened in January 1952, was staffed by volunteer nurses.
Remote Controlled Cars
In March 1983, Tommy Ferguson prepared his entry for a race hosted by the Richmond Radio-Controlled Car Racing Club. Nearly 30 cars raced on a small-scale 275-foot asphalt track, buzzing around at nearly 40 mph for an audience of more than 200 people in the parking lot behind Valle’s restaurant.
Mail box
In June 1949, Carl A. Throckmorton (left) showed Richmond Postmaster Fergus McRee one of the 100 new mailboxes that would be installed at city street corners. The additions would bring the total number of receptacles to about 680, meaning no city resident would have to walk more than three blocks to deposit a letter.
YWCA
In May 1968, Andrea Queen and Betty Tenser attended a class sponsored by the Richmond YWCA to learn about basic auto mechanics, maintenance and on-the-road repairs. Their instructor was Bill Ferguson of Ferguson’s Garage.
Sobles
In October 1977, Bruce Buhrman (left) and Paul Soble stood in front of their soon-to-be restaurant, Soble’s, in Richmond’s Fan District. The building previously housed Cavedo’s Drug Store, which opened in 1916 when the area was sparsely settled. Soble had been a physical education teacher at Tuckahoe Junior High School but resigned so that he and Buhrman, who had tended bar together, could develop the restaurant.
Salt
In February 1966, a front-end loader moved a new batch of salt that would be used to melt snow on Richmond streets. The stockpile, which had been severely depleted during the first part of winter, was kept at a railroad trestle in the Public Works Department area near Parker Field.
O.K. Foundry
In April 1954, P.R. Webb, a worker at the O.K. Foundry, loaded small castings into a cleaning machine at the company’s new location at 1005 E. Ninth St. in Richmond. Established in 1913, the foundry made machine castings for the tobacco, paper and agricultural industries.
Mailboxes
In October 1951, Mrs. R.L. Mattox showed off the unique mailbox at her home in Prince George County. The mailbox post was made using an old log cabin chain and required an hour’s worth of welding. Mattox and her husband were inspired by a design they saw in a magazine.
