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Tuesday, September 30, 2008

Newspaper files suit against Radford over information

The complaint accuses the city of violating the state's Freedom of Information Act.

The Roanoke Times filed suit Monday against the city of Radford over the city's decision to withhold portions of documents the newspaper sought under the Virginia Freedom of Information Act.

The lawsuit -- technically called a "writ of mandamus" -- centers around two FOIA requests filed with Radford officials in August and September by Roanoke Times reporter Tim Thornton. Among other things, Thornton asked the city to provide him copies of any other FOIA requests the city received between June 15 and Sept. 18.

In response to Thornton's requests, City Attorney Jim Guynn provided heavily redacted copies of two FOIA requests, erasing names and other pertinent information and in one case excluding two pages of a two-and-a-half-page document.

The redacted letters were FOIA requests written by Radford spokeswoman and Deputy City Council Clerk Becky Hawke to the city in July and August.

In a letter dated July 31, Hawke requested a copy of a "findings report" from an internal city investigation into a harassment complaint. The names of both the accuser and the accused were erased from a copy of the letter provided to The Roanoke Times.

A second letter from Hawke dated Aug. 22 renewed her request for access to the report in a two-and-a-half-page letter. When a copy of it was provided to The Roanoke Times, two pages were redacted.

In its filing, the newspaper argues that Hawke's FOIA requests are by definition public records and must be released in full.

"The city violated the law when it redacted parts of the FOIA request," Roanoke Times Managing Editor Michael Stowe said Monday. "We felt like it was our obligation to hold them accountable for following the law."

To redact information from public records, a government body must prove they are allowed to do so under state law, said Alan Gernhardt of the Virginia Freedom of Information Advisory Council.

Guynn declined to comment on the court challenge Monday. Radford Mayor Tom Starnes could not immediately be reached for comment.

According to the suit, Guynn told the newspaper that redacted portions of Hawke's July 31 letter are considered personnel records and as such may be kept confidential under the law. Guynn did not provide any legal justification for redaction of the Aug. 22 letter.

Hawke's requests for a copy of the findings report were also denied.

The Radford City Council has been tight-lipped in recent weeks about the harassment complaint.

"As much as we want to talk -- or some of us want to talk -- the attorneys counsel us in another direction," Councilman Bob Nicholson said earlier this month.

Councilman Bruce Brown declined to comment, referring all questions to Guynn.

Councilman Dick Harshberger said he's caught between two promises. He campaigned on the promise of a more open city government, but he said he signed a code of conduct that includes a promise not to talk about anything discussed in closed session.

"I'm just so frustrated by this whole thing. I really am," Harshberger said. "I just wish this whole thing had been handled more expeditiously."

He didn't say what "this whole thing" might be.

This is the second freedom of information lawsuit filed this month by the newspaper. Last week the Times joined WSLS (Channel 10) in a court challenge against a Roanoke County Sheriff's Office policy of withholding photos of inmates who have been bonded out of the county jail. The media outlets say that policy also violates the state's open records laws.

Staff writer Tim Thornton contributed to this report.

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