Resident files petition against Pittsylvania board

CHATHAM — A Pittsylvania County man has filed a petition against the Board of Supervisors accusing the board of violating the Freedom of Information Act.

George Stanhope, of Chatham, had submitted a FOIA request to the county June 21 asking for copies of invoices and cancelled checks relating to legal fees the Board of Supervisors paid to its attorney, John Light, in previous cases filed by Nancy Barbour Smith against the county in Pittsylvania Circuit Court.

General District Court Judge George A. Jones Jr. recused himself from the case Friday.

Pittsylvania County officials have estimated legal costs in response to lawsuits filed against the county since late 2008 are about $200,000.

Stanhope, who filed the petition for writ of mandamus in Pittsylvania County General District Court on July 20, accuses the county of not providing the requested copies of invoices but instead a list that “did not comply with my FOIA request.”

“I am aggrieved because respondents (the Board of Supervisors) never informed me that information, such as which case was being billed (whether Case No. 08501 or Case 0185) and what the charges were for, were going to be missing from the information I requested,” Stanhope alleges in an affidavit.

Stanhope’s affidavit states he had to pay the county “unreasonable and excessive charges” — $304.81 — for the list.

Stanhope also states in his affidavit County Administrator Dan Sleeper told him the invoice sheets for two cases included “confidential information of billings of other attorney charges, and that the billings I requested would be separated from that and put on a separate paper.”

Invoices submitted to the county by contractors — for payment of public money — are not confidential, so the county cannot expect their privacy, Stanhope argues.

Stanhope’s attorney, Barbara Hudson, argues in the petition the board violated state law when it did not cite specifically the subject matter of the withheld records. Also, the board failed to show every one of its 105 invoices paid to Light fall under exceptions under state law, the petition states.

The petition also states the county, in withholding copies of billing invoices submitted by Light, concealed fraudulent payments to Light and billings.

The petition asks that the court grant the petition of write of mandamus to mandate:

• The Board of Supervisors to produce all billing invoices for the two cases as requested, with court in-camera review of those invoices the county claims as exempt from FOIA.

• Review of all invoices from Light for fraudulent billings.

• The county refund the money charged to Stanhope for responding in violation of state law.

• Payment by the county for the petitioner’s attorney fees and costs.

• The county obtain restitution to the county’s general fund for payment of fraudulent billings by Light.

• Make a finding that the Board of Supervisors are in contempt of the court’s writ of mandamus that was entered May 7, requiring the county to abide by FOIA. (General District Court Judge Frank Greenwalt ruled May 7 that the Pittsylvania County Board of Supervisors violated Virginia’s Freedom of Information Act when the members went into closed-door meetings on April 6, 2009, and March 1 of this year.)

• Any other further relief the court deems appropriate.

A hearing is set for 10 a.m. Oct. 1.