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The Southampton County Board of Supervisors experienced a victory in Southampton Circuit Court on Tuesday, April 22, after filing suit against Southampton County Public Schools due to a reported lack of response to Freedom of Information Act (FOIA) requests.

Southampton County Attorney Eric A. Gregory shared an order Monday, April 28, from Southampton Circuit Court Judge Helivi L. Holland. In its conclusion, the order states, “In consideration of the foregoing, the evidence presented, and the argument of counsel, the Petitioner’s Amended Petition for Mandamus or Injunctive Relief for Violations of the Virginia Freedom of Information Act is hereby granted.”

Gregory did state on Monday afternoon, “Please bear in mind that, to our knowledge, this order has not yet been entered by the court, but we expect it will be shortly, if it hasn’t been entered already.”

The “Petitioner” mentioned in the order was Dascher L. Pasco, an associate with Troutman Pepper Locke LLC, the law firm representing the Board of Supervisors.

The “Respondent” mentioned in the order was Southampton County Public Schools.

Near the beginning of the order, it reads as follows:

“The Court having considered the Amended Petition, the Respondent’s Answer to the Petition, evidence presented before the Court, exhibits introduced, and argument of counsel, the court finds as follows: 

“1. The Petitioner is a citizen of the commonwealth of Virginia; 

“2. The Respondent is a public entity subject to the Freedom of Information Act (FOIA); 

“3. The Petitioner submitted a FOIA request on Dec. 20, 2024 for public records; 

“4. The Respondent received the FOIA request on Dec. 23, 2024; and 

“5. The Respondent failed to provide a timely response to Petitioner’s FOIA request pursuant to Virginia Code Section 2.2-3704(B). 

“Wherefore, the Court finds that the Respondent violated the Freedom of Information Act by failing to provide an adequate response allowable by law within the timeframe specified by the Act.”

At the Southampton County School Board’s April 14 meeting, Board Chair Dr. Deborah Goodwyn said, “The FOIA request was for 16 categories of financial data reports and documents going back as much as 10 years.”

Southampton County Board of Supervisors Chairman Dr. Alan W. Edwards had previously explained what prompted these FOIA requests that were submitted by Troutman Pepper Locke.

“What’s happened is, the law firm is interviewing people who volunteered, who wanted to talk (about SCPS), and when questions come up about pursuing what these people were complaining about, that’s what the FOIAs’ about,” Edwards said. “The FOIAs were generated by questions that the interviewed people were bringing up.”

The Board of Supervisors hired Troutman Pepper Locke and the interviews are being conducted because the board is seeking to learn more about the management and finances of SCPS, hoping to obtain the equivalent of a forensic audit of the school division.

The order from Holland denied the motion to impose a civil penalty against SCPS, and it states the following reason: “In consideration of the Petitioner’s motion to impose a civil penalty against the Respondent in accordance with Virginia Code Section 2.2-3714(A), the Court finds that the proceeding was not commenced against an officer, employee, or member of a public body.”

The order continues, noting that the court found that in responding to Pasco’s FOIA request, SCPS was permitted to “make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records and shall make all reasonable efforts to supply the requested records at the lowest possible cost” pursuant to Virginia Code Section 2.2-3704(F). 

“In consideration thereof, the Court finds that the fee requested by the Respondent of $30,000 is unreasonable and not allowed,” the order states. “Further, the Court finds that the fee proposed by Respondent of $12,393.77 in the Respondent’s Answer to the Petitioner’s Petition is unreasonable and not allowed.”

The order then notes that the court, further, finds that the cost of overtime for SCPS employees to respond to Pasco’s request “is not permitted and hereby disallowed.” 

“Wherefore, the Respondent is hereby ordered to provide an updated cost estimate to the Petitioner consistent with the rulings of this Court within 10 days of the April 22, 2025 hearing,” order states. 

The order indicates that in the event Pasco objects to the school division’s revised cost estimate, she may file an objection with Southampton Circuit Court and request a hearing to be conducted on the objection.

“The Court finds that the Petitioner has substantially prevailed on the merits of the case and is entitled to recover reasonable costs and attorney fees from the Respondent,” the order continues. “The Court hereby orders the Petitioner to provide an itemization of her attorney fees and costs to the Respondent.”

The order then gives SCPS the option to file an objection with the court and request a hearing to be conducted on the objection should the school division object to Pasco’s itemized attorney fees and costs.

Edwards provided his reaction to the outcome of the April 22 court hearing, which he attended along with most of the rest of the Board of Supervisors.

“The judge listened intently to three hours of testimony,” he said. “We were not surprised by her decision. The court followed the law and made a very sound and just decision. We always had the utmost faith in the law and will proceed with our plan and purpose to establish a school system that will meet the expectations of the people of Southampton County.”

Goodwyn shared the following statement concerning the April 22 hearing: “The Southampton County School Board is aware of the ongoing litigation related to the Virginia Freedom of Information Act involving counsel for the Southampton County Board of Supervisors. The Southampton County School Board continues in its desire to foster a relationship of mutual respect and cooperation between the two boards. It is also committed to honoring its obligations under the Virginia Freedom on Information Act.”

SCPS Superintendent Dr. Gwendolyn P. Shannon shared a statement from the school division from its office of public relations that opened with the same sentence as Goodwyn’s statement and then added, “Because the litigation is ongoing, the board will not have any public comment relating to it. The board reaffirms, however, its commitments to work cooperatively with the Board of Supervisors, to honor its obligations under the Virginia Freedom of Information Act, and to act cooperatively, as Virginia law anticipates and requires, with FOIA requesters to provide the public access to records to ensure the transparency of government operations.

“Seeing to the education and welfare of Southampton’s students, families, faculty, staff, and to the community at large is essential work. The board’s commitment to that work is unwavering and is matched only by its gratitude to the community members and professionals who, by their own work and commitment, make it possible.”