Open Records Act Helps Uncover Government Impropriety in Virginia
by Guest Blogger, 6/13/2005
Two Virginia citizens' fight under the state's Freedom of Information Act (FOIA) helped to uncover an African safari that Virginia state officials took on the public's dime. The citizens ended up going to court and winning their case, which could have significance in other states.
Lee and Paulette Albright, who own a farm adjacent to the Montebello fish hatchery in Nelson County, inquired to Virginia Department of Game and Island Fisheries about the cancellation of tours of its facilities. The Department's initial answer that state budget cuts and layoffs prevented the hatchery from conducting tours did not convince the Albrights.
Lee Albright began filing requests for information under the state FOIA law to get more details about the Department's budget. One of the requests sought travel expense records of nine high-ranking members of the game department. The department charged Albright $3,000 for the records (which he paid), and then blacked out more than 100 pages of the requested information.
Albright took his case to court, arguing that the $3,000 was excessive. Nelson County Circuit Judge J. Michael Gamble agreed and lowered the fee to $989. After reviewing the materials, the judge also ordered the Department to turn over 65 of the 100 pages that the department had blacked out. The documents revealed that several department officials, many of whom have now resigned their posts, spent more than $10,000 of taxpayer money last fall to finance a personal African safari.
High FOIA fees have been used by government agencies, both at the national level and in states around the country to discourage requests and limit access to avoid public scrutiny and accountability. Just recently Kentucky attorney general capped what state agencies can charge for copying fees under FOIA charges. At the national level, Congress is considering the 'Faster FOIA' bill. Among other things, the bill would allow requestors to recoup their legal fees from the government if they take a FOIA case to court and win. The government would also be required to pay you back legal fees if it gives up its argument before the case goes to trial.