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All Access
6 items
A reminder that the FOIA Council and its two committees are meeting on Monday.
Records subcommittee at 9:00 Meetings subcommittee at 11:00 Full council at 1 p.m.
All meetings take place on the 2nd floor of the General Assembly Building and will be livestreamed from links on this page: https://virginiageneralassembly.gov/house/schedule/meetingSchedule.php
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My take
I recently attended a family wedding in Vermont, and because I just can’t help myself, I wore a t-shirt to the next-day brunch by the lake that reads “FOIA and Find Out.” Because people were there from all over, and because most states call their open records and open meetings laws something other than “FOIA,” there were more than a few curious looks. And a handful of people asked me how to pronounce “FOIA”1 or what, if anything, it stood for. My forever-silly brother-in-law came up with a few responses that would get him kicked out of Sunday School, but it got me thinking, what else COULD those letters stand for?
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Litigation
Less than a week before the start of a high-profile court trial about City Hall transparency, a Richmond judge decided Thursday to postpone the case because of unanswered questions about whether the city has produced all relevant information. Instead of starting next Tuesday, the three-day trial over the firing of former city Freedom of Information Act officer Connie Clay was pushed off until June of 2026, a delay of at least nine months. Circuit Court Judge Claire G. Cardwell said she knew the decision to cancel next week’s trial was frustrating for everyone involved, but she felt it was necessary in order to give Clay her day in court with a complete set of facts for jurors. The judge faulted both sides for the delay, saying the lawyers involved have been unable to follow basic legal procedures without the court repeatedly having to intervene to settle disputes.
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Higher ed
Friday’s meeting of the full Board turned tense when dozens of protesters lined up outside the Board room to attempt to enter, which most were unable to do. Because most members of the public who attempted to enter were unable to, the University may have acted against prior advisory and court opinions on freedom of information law during Friday’s Board of Visitors meeting, according to a lawyer familiar with the law and past cases. Citing the 2013 (FOIA Council] opinion, Kevin Martingayle, partner at Bischoff Martingayle in Virginia Beach and class of 1991 Law alumnus, believes the University would lose in court if litigation were brought challenging their venue choice for the most recent Board meeting. The Board room in the historic Rotunda is not large, with a capacity of up to 60 people — including Board members — according to a representative from Facilities Management. He added that he believes a judge would determine that the University could have moved the meeting unless there was a specific reason the smaller venue was needed, such as technological demands or cost of reserving other spaces.
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Local
For years, as student populations plummeted, Norfolk Public Schools has delayed closing unneeded buildings, which a consultant said cost as much as $20 million in 2022. Those delays continued Wednesday night after the board failed to vote on a closing plan after a City Council member warned that new projections showing a dramatic decrease in casino revenue targeted for the school system puts the city’s fiscal stability at risk unless the school board acts decisively….City Council member Tommy Smigiel sent Norfolk school board members a warning shot last week, saying closing school buildings cannot be delayed because projections for annual casino revenue have dropped to $15 million from $30 million. THE ARTICLE INCLUDES AN EDITOR’S NOTE, WHICH STARTS OUT THIS WAY: While WHRO obtained Smigiel’s and other emails, the school system originally claimed it had no responsive documents to a public records request for emails from him and Mayor Kenny Alexander to the school board about closings. When reporter Jim Morrison showed them Smigiel’s email obtained from a source, a representative for the school district said it would look for that email and others.
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Local
The minutes from the Suffolk Public School Board’s Aug. 14 meeting were discussed during the Sept. 11 meeting after some discrepancies in the recorded minutes were noticed. Vice Chair Sean McGee moved to remove the Aug. 14 meeting minutes from the consent agenda and move it to an action item under new business. It was then unanimously voted on to “approve the meeting minutes of Aug. 14, 2025, with the addition of comments (verbatim) from the beginning of Board Member Riddick’s comments through the end of all available audio recording of meeting. Add the statement that additional comments were made by Mr. Riddick and others that were not captured by audio before the audio feed was disconnected.” The August meeting abruptly ended after an unfriendly exchange unfolded between Board Chair Heather Howell and Board member Tyron Riddick.
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