|| Will Virginia's Unalienable Rights Foundation sue Northampton County|
Virginia's Unalienable Rights Foundation asks Northampton County Attorney if
he wants UARF to sue the county every time they violate the Freedom of
Information Law or would he prefer to work out the problem.
UARF's president, David Lindsey, sent the following letter to Mr. Jones
after Mr. Jones called UARF's Civil Rights case manager complaining about follow up FOIA requests.
Mr. Meyers told me about your call to him in the A.M. on
June 10th, 2014. You told Meyers our Freedom of Information Act [VFOIA
and/or FOIA] requests appear to be redundant to Northampton County Officials.
While our Freedom of Information Act [VFOIA and/or FOIA]
requests may appear to be redundant to Northampton County Officials they are
actually a straddled effort to obtain the information requested in the initial
We have had to do this as when we appear in person in the public
record custodian’s office as set out in Virginia code Sec. 2.2-3704.A. and ask to examine the public records UARF’s officials have been turned away and not allowed to
examine the records nor at that time are we provided with a response that is in
accordance with Virginia Code Section 2.2-3704.B..
And when we are provided with a written reply to the FOIA
the reply we have received to the FOIA from Northampton County Officials and
your office is lacking by the failure of the responders to comply Virginia Code
To make sure that there is a clear understanding of what the
Code requires of Northampton’s officials in their response to a UARF’s FOIAs
we include in our FOIAs the required responses that the Code sets out along with
court decisions that address a responders obligations in making a response to a
In each and every case thus far, when county officials have
responded to an UARF FOIA request, that reply is not responsive nor complies to
You and every County official we have sent a FOIA request to
have been provided with a copy of Virginia’s  FOIA law,  the Virginia
Public Records Act (PRA),  Virginia Attorney General Opinion 12-052/Bundick,
and the case law set out in White Dog Publishing v. Culpeper Bd. of Sup.,
272 Va. 377, 634 S.E.2d 334 (2006), all of which you and Northampton County
officials continuously ignore.
You asked Meyers if, what you seem to be calling,
replications of FOIA are coming about because Robert Meyers, Kenneth Dufty and
myself are not in communications with each other. Northampton officials are
getting what you are calling redundant FOIAs because we are in communications
with each other.
We have communicated with each other that UARF officials are
being turned away when they ask for a record as set out in Code Section
2.2-3704A. without the County’s Officials complying with Code section
And any after-the-fact response county officials make is
still not in compliance with the aforesaid code sections.
We had/have a choice, we can file suit at the county
official’s first denial of rights given to UARF’s officials by law or go
back and ask the county official again for the public records.
There is another element that would sound senseless to a
rational person, and that is, perhaps there is a personality conflict between
the official responding to the FOIA and the presenter. I can not say if that is
the case, only the responder can and I feel rather than ask that question of the
responder it is perhaps better to have another person ask for the records.
That is what has been done, we have now asked Mr. Myers to
ask for the same information that Mr. Dufty asked for and was not given [and/or
found the records to be culled by county officials without the official
following the law/authority to cull records as set out in Code Sec. 2.2-3704.B.]
and hopefully the response from county officials will to be to comply with the
PRA and FOIA laws.
You have first hand experience with this. When we asked you
for the Library of Virginia form RM 25 your office was/is required to file your
first response was to send UARF a copy of the form Ms. Nunez filled out for the
When your inappropriate reply to the UARF FOIA was received
we again sent you a request for the same information and included in that follow
up request a cite to the code section requiring you file the form and the
Bundick AGO that details the requirement of your office having a records
Your response was to file the RM 25 with the LVA and send us
a copy and say that you were unaware of the requirement for the past 22 years
you have served your county as it Commonwealth Attorney, etc..
This being said, we, in the alternative, could have filed
suit upon your inappropriate response. Instead we wrote again and request the
same information and provide a few documents with the request and you took the
steps to fix a problem. That is as it should be.
We currently have asked the county clerk for documents and
access to documents and the response was not in conformity with FOIA as cited
herein. We have again asked for the documents rather than file a suit. In
addition since the clerk appears to us to be unwilling to follow the law in
responding to our FOIA requests, we have directed that request to other county
officials in hope they will provide that information.
Mr. Jones, tell UARF what you want it to do,  sue the county and your
office when you fail at the start to comply with the requirements of FOIA or 
have UARF address the issues again in an effort to resolve the difficulty and
avert a lawsuit and cost to the county?
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