Messenger, School Board Member in Court

On March 13, 2018 Averett Jones of The Southside Messenger petitioned the Charlotte County General District Court for a Writ of Mandamus regarding School Board Member JonPaul Berkley’s alleged failure to provide emails requested under The Freedom of Information Act (FOIA).

The hearing was scheduled for April 12, 2018. Several days before the hearing a continuance was requested by Berkley’s attorney, Elliott Harding of Palmyra, Virginia. The hearing was rescheduled for April 17, 2018.

Harding is the attorney who addressed the school board at the public hearing regarding the Osborne Memorial Bench.  At that meeting Harding, who said he practiced in Charlottesville, stated the School Board attorney, Craig Wood, was incorrect in his assessment of the legality of the bench. He also declined to identify his client.

The hearing on the Messenger’s petition was held on Tuesday April 17, 2018. Judge James William Watson, Jr. presided.

Jones presented two issues which he stated were FOIA violations. In the petition he stated, “Berkley did not comply with FOIA request. Falsely stated documents did not exist.”  Jones also claimed Berkley was in violation of FOIA for inflating the cost of providing requested Facebook posts.

In an email Berkley requested $362.25 for producing the requested documents, citing his hourly rate at $25.00 per hour.  According to School Board documents the hourly rate for Board Members is $2.50 per hour.

Berkley stated that with the exception of Budget discussions he only spends four hours a month on School Board business making his hourly request reasonable.  Jones asked if that four hours monthly included meetings, contacts with constituents and visits to schools and the Board office. Berkley stated it did.   Judge Watson agreed with Berkley’s rate but requested he reevaluate the time necessary to comply giving Berkley until Monday to present a revised estimate.

Judge Watson did not grant the Writ of Mandamus requested by Jones.

The Messenger has filed an additional FOIA request of all school Board members, Clerk Dana Ramsey and Superintendent Nancy Leonard for all correspondence to and from JonPaul Berkley.  If these responses provide additional information the Messenger will again petition the court for a Writ.