Virginia is one of 5 states (along with Alabama, Arkansas, Delaware, and Tennessee — sometimes Kentucky gets lumped in there, too) that use language that has been interpreted to limit use of the state’s open records law to “citizens” or “residents” of that state. Virginia’s provision was upheld by the U.S. Supreme Court in a 9-0 decision in 2013. But, importantly, this isn’t a prohibition, at least not in Virginia. Nowhere does it say that out-of-state requesters are barred from asking, or that local and state government entities are prohibited from answering. In fact, at the subcommittee meeting yesterday, the local government representative made a point of saying that she regularly uses her discretion to answer out-of-state requests. Unfortunately, the representative went on to share responses solicited from local government attorneys on a listserv thread (a listserv I’m not allowed on). Which brings us to the point of this column. The arguments listed for why Wachsmann’s proposal was problematic or a total no-go.

Tuesday evening’s Virginia Beach School Board meeting started with a message from the board’s attorney. Kamala Lannetti asked the members to refrain from making so many comprehensive Freedom of Information Act requests. The requests for public records were proving to be costly for the school district’s staff who are tasked with retrieving and producing those logs. Materials that can be obtained through FOIA requests range from the individual emails of public officials to the presentations created by district administration. “Most of the FOIA requests are against other board members,” said Chair Kathleen Brown. “We’re talking thousands and thousands of dollars of staff time. It has caused some problems.”

Data center development is driving residents around Virginia to organize — and make full use of open government laws. … In Roanoke County, the Southwest Virginia Data Center Transparency Alliance is also using FOIA. Organizer and co-founder Ben Verschoor used emails, documents and meeting minutes to track what appears to be a deal to bring a potential data center to Wood Haven Technology Park in Roanoke County, which eventually fell through. …Verschoor says that when government bodies move freely behind closed doors, residents get what happened in Botetourt County – where Google will build a sizeable data center. And once the deal is cut, he says, it’s harder to for residents to convince their local government to turn back.

Mike Meredith will not fight to retain the Boone District seat on the Franklin County Board of Supervisors, citing a lengthy legal process and significant costs. … Meredith announced he was resigning during a board meeting Aug. 18, two days after he told the public that a proposed data center in the county — dubbed Project Flash — would not be proceeding. … Meredith wrote in the Facebook post that the legal process to retain his seat would be an uphill battle that would accrue significant costs for both himself and the county. He added that the process would take weeks and could be resolved close to 2027, when a special election is already scheduled. … The county has moved forward with the process of filling the Boone District seat. It announced five applicants for the position on Sept. 3 and is set to vote on Meredith’s replacement during a special called meeting Friday.

The Caroline County Board of Supervisors decided against disciplining planning commission member JD Young after a closed session Tuesday night. There was no vote on the matter, but Chairman Clay Forehand read a statement detailing that the board investigated the offer of a $25,000 proffer from developer Luck Stone to a nonprofit organization called Musical Creations Foundation which Young’s wife, Toneika Stephens-Young, owns and operates. The board was investigating whether the proffer constituted malfeasance. “Removal of a planning commission member requires a finding by the board of malfeasance in office, and after deliberating extensively and quite some colorful conversations on this matter, the board does not have consensus on whether the specific action and inaction rises to the level necessary for removal,” Forehand said. “And such, there will be no further action on the matter. That is an end to this issue.” … Young welcomed a review of his personal records, including emails, text messages, drafts, meeting records, and communications involving all relevant parties. He asked that his integrity be judged by documented facts.

For nearly a quarter century, New Yorkers, Ground Zero workers, advocates and elected officials have called on City Hall to reveal the truth about what it knew about the air quality in downtown Manhattan after the 9/11 attacks. On Tuesday, Mayor Zohran Mamdani released tens of thousands of long-guarded city documents related to the air quality that showed how first responders who rushed to the World Trade Center were likely exposed to dangerous toxins. The mayor’s office released the first 170,000 pages of records via an online portal. It includes memos from city leaders and agencies going as far back as the Giuliani administration, which ran from 1994 to 2001. … Advocacy groups filed several Freedom of Information Act requests for the documents over the years, but it was only last year that 68 boxes of records were found in a city office, according to city officials.