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In Spotsylvania County, Mr. Hill's quest meets a stone wall

Date published: 10/11/2007

TRUST YOUR GOVERNMENT? No. Not even the Founders trusted the government--that's what all those checks and balances are about. Because inevitably government gathers power to itself--and takes freedom from the people.

In 1966, President Lyndon Johnson, no pantywaist as a politician himself, signed into law the Freedom of Information Act to give citizens the right to see information held by federal officials. Virginia followed a few years later with a similar act applying to state and local governments. Sunshine, these wise people believed, would help keep grunge from growing in offices of the public trust.

Fast-forward to 2006. In Spotsylvania County, bad blood is brewing between schools Superintendent Jerry Hill and some other people. Mr. Hill is charged with elections violations and obstruction of justice after his employees pass out fliers in the schools blasting the Board of Supervisors' position on a school-bond referendum.

Later, the criminal charges are all dropped. Still later, the aggrieved Mr. Hill decides to explore filing a civil suit against unnamed antagonists. His lawyer, using FOIA, requests to see all public records of allegations against him or connected to his criminal case.

County officials release some documents to Mr. Hill's lawyer and withhold others. But two e-mails have parts blacked out because the information is not about public business, according to County Attorney Jacob Stroman.

The plot thickens. What was in those blacked-out portions? This newspaper requests the same e-mails and gets the same response. Concerned that a cloud is beginning to block FOIA's sunshine, The Free Lance-Star suggests that the county allow the Virginia FOIA Advisory Council to take a look at the e-mails and see if the redacted portions truly fall into the narrowly defined exclusionary area. The county attorney declines. With no alternative, then, Mr. Hill files a FOIA lawsuit.

Date published: 10/11/2007