Richmond FOIA lawsuit fuels mistrust concerns, costs city $671K so far
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It's been nearly two years since former City Hall official Connie Clay sued Richmond, alleging she was fired for refusing to violate state law — a claim the city denies.
Why it matters: The city has spent over $671,000 defending the suit, nearly triple the $250,000 Clay initially sought, according to figures Richmond officials provided Axios.
The big picture: It's been a whirlwind of a case that's set for trial in June, a delay from the original September date.
- Regular hearings, including one last week over a lost phone that resulted in scrutiny from the judge against the city, have kept the case in the news.
- Even though Clay's termination happened under the previous administration, Mayor Danny Avula acknowledged to Axios in December that the lawsuit has contributed to mistrust among Richmonders.
How we got here: Clay, an attorney, was Richmond's Freedom of Information Act (FOIA) officer.
- Her job was to gather and release public records that state residents can request under Virginia law within legally required deadlines.
- Clay alleges she was fired in January 2024, after about six months in the role, for refusing to violate FOIA — conduct she says is protected under Virginia's whistleblower statute.
- She sued the city and her boss Petula Burks, the city's former spokesperson who abruptly resigned from her post months later.
The other side: City officials say Clay was fired for being a difficult employee, per The Richmonder.
- In a deposition last year, Burks said people felt Clay had a "sort of a bitchiness type of attitude," reports the Richmond Times-Dispatch.
- Burks testified that Clay's "dogged persistence" in meeting FOIA deadlines and challenging "cost-prohibitive" estimates frustrated senior Stoney administration officials.
- Some of them wanted her gone, per Burks.
Zoom in: Then there's the cellphone controversy that's consumed multiple hearings.
- Months after the lawsuit was filed, Burks lost her city-issued phone. The loss wasn't disclosed to the judge until later, after the city turned over Burks' mostly blank replacement device, reports The Richmonder.
- Clay's attorneys claim the original phone, which the city says was lost and had no backup, could contain messages critical to the case.
Meanwhile, city attorneys have also asked a judge to stop Clay from filing FOIA requests tied to the case or talking to media.
What's changed: While the city won't comment on pending litigation, spokesperson Ross Catrow told Axios that Avula has required top officials to complete FOIA training.
- Richmond is also launching a new FOIA software in the next few weeks that officials say will streamline the process and improve transparency.
What we're watching: The judge is considering whether to penalize the city or instruct jurors about the missing phone ahead of the three-day June trial.