No fines for FOIA violation after all
Culpeper Star-Exponent: http://www.starexponent.com/cse/news/local/article/madison_sheriff_wins_appeal_case/34223/
Madison sheriff wins appeal case
DON RICHESON, MEDIA GENERAL NEWS SERVICE
Published: April 22, 2009
The Freedom of Information Act required that Madison County Sheriff Erik Weaver give names of members of his citizens advisory board to a Brightwood woman who requested them. But because the sheriff’s failure to follow FOIA statutes wasn’t done "willfully and knowingly," the woman -- Leigh Purdum -- didn’t prevail. That’s the gist of the ruling Monday by Judge Jay Swett in the sheriff’s appeal of a December 2007 lower court decision that he had willfully violated Virginia’s Freedom of Information Act.
"I find the evidence is insufficient to find a willful and knowing violation of Freedom of Information Act statutes and that (Purdum) has not substantially prevailed," the retired Charlottesville Circuit Court judge said near the close of the four-hour-plus trial in Madison County Circuit Court.
According to his testimony at the trial, Sheriff Weaver had gone to four separate attorneys in 2007 trying to see how he could use a FOIA exemption to legally avoid releasing the names, which he said he did for the people on his citizens advisory board. "I was concerned for the people on the committee, it was a very heated election time," he said of the period in summer 2007 when he was campaigning for the second term he later won.
He said two of the attorneys he had approached for help in 2007 -- County Attorney V.R. Shackleford III and Commonwealth’s Attorney George Webb -- declined to represent him. He also said that he had communications about not releasing the names with County Administrator Lisa Robertson, who is also an attorney.
Finally, Madison attorney Colt Puryear had agreed to give the sheriff legal advice, according to testimony by Weaver and Puryear.
Among other things, Puryear testified that information he had received in 2007 about the Freedom of Information Act was "convoluted" and "internally inconsistent" and so Puryear didn’t tell Weaver that he was required to release the names. Puryear instead said he had told Weaver that a judge should first rule on whether the names should be released.
"In the absence of any evidence that someone told the sheriff he must do . . .x’ and he did . . .y’ it is hard to assess a penalty (against him)," Judge Swett said in Monday’s appeal trial.
"I’m glad it’s over with," Sheriff Weaver said following Monday’s trial. "Each court case has two different sides and I prevailed today."
Purdum, who once worked as a public information officer for the sheriff, also commented. "To have the court rule completely against the citizen in this case is shocking to anybody who should be able to have access freely to information of the government," she said.
Citizens advisory board members’ names released by Sheriff Weaver in December 2007 following a judge’s ruling include, Roger Aylor, Journey Beasley, Jerry Butler, Janice Carpenter, Charles Carter, Betty Cole, Jimmy Frye, Greg Garrett, Bill Heflin, Kay Hood, Max Lacy, Linda Taylor and Erik Weaver. According to trial testimony Monday, none of the members had specifically asked the sheriff not to release their names -- it is something the sheriff had reportedly decided to do on his own.
Harrisonburg attorney Mark Obenshain represented Weaver in the case, while David Lacey, an associate of Richmond attorney Craig Merritt, represented Purdum.
Much of the testimony during the trial touched on the Freedom of Information Act requiring that any exemptions to the act be "narrowly construed" -- that if a government official wasn’t sure an exemption applied, then a citizen’s records request should be honored.
Madison sheriff wins appeal case
DON RICHESON, MEDIA GENERAL NEWS SERVICE
Published: April 22, 2009
The Freedom of Information Act required that Madison County Sheriff Erik Weaver give names of members of his citizens advisory board to a Brightwood woman who requested them. But because the sheriff’s failure to follow FOIA statutes wasn’t done "willfully and knowingly," the woman -- Leigh Purdum -- didn’t prevail. That’s the gist of the ruling Monday by Judge Jay Swett in the sheriff’s appeal of a December 2007 lower court decision that he had willfully violated Virginia’s Freedom of Information Act.
"I find the evidence is insufficient to find a willful and knowing violation of Freedom of Information Act statutes and that (Purdum) has not substantially prevailed," the retired Charlottesville Circuit Court judge said near the close of the four-hour-plus trial in Madison County Circuit Court.
According to his testimony at the trial, Sheriff Weaver had gone to four separate attorneys in 2007 trying to see how he could use a FOIA exemption to legally avoid releasing the names, which he said he did for the people on his citizens advisory board. "I was concerned for the people on the committee, it was a very heated election time," he said of the period in summer 2007 when he was campaigning for the second term he later won.
He said two of the attorneys he had approached for help in 2007 -- County Attorney V.R. Shackleford III and Commonwealth’s Attorney George Webb -- declined to represent him. He also said that he had communications about not releasing the names with County Administrator Lisa Robertson, who is also an attorney.
Finally, Madison attorney Colt Puryear had agreed to give the sheriff legal advice, according to testimony by Weaver and Puryear.
Among other things, Puryear testified that information he had received in 2007 about the Freedom of Information Act was "convoluted" and "internally inconsistent" and so Puryear didn’t tell Weaver that he was required to release the names. Puryear instead said he had told Weaver that a judge should first rule on whether the names should be released.
"In the absence of any evidence that someone told the sheriff he must do . . .x’ and he did . . .y’ it is hard to assess a penalty (against him)," Judge Swett said in Monday’s appeal trial.
"I’m glad it’s over with," Sheriff Weaver said following Monday’s trial. "Each court case has two different sides and I prevailed today."
Purdum, who once worked as a public information officer for the sheriff, also commented. "To have the court rule completely against the citizen in this case is shocking to anybody who should be able to have access freely to information of the government," she said.
Citizens advisory board members’ names released by Sheriff Weaver in December 2007 following a judge’s ruling include, Roger Aylor, Journey Beasley, Jerry Butler, Janice Carpenter, Charles Carter, Betty Cole, Jimmy Frye, Greg Garrett, Bill Heflin, Kay Hood, Max Lacy, Linda Taylor and Erik Weaver. According to trial testimony Monday, none of the members had specifically asked the sheriff not to release their names -- it is something the sheriff had reportedly decided to do on his own.
Harrisonburg attorney Mark Obenshain represented Weaver in the case, while David Lacey, an associate of Richmond attorney Craig Merritt, represented Purdum.
Much of the testimony during the trial touched on the Freedom of Information Act requiring that any exemptions to the act be "narrowly construed" -- that if a government official wasn’t sure an exemption applied, then a citizen’s records request should be honored.
