One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth’s leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise.

In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating. 

Video of Illinois police officer’s DUI arrest in Virginia likely to remain private

Efforts to obtain video footage of an Illinois police official’s DUI arrest in Virginia have been repeatedly denied, despite multiple public records requests, the national news network Patch reported Wednesday.

Ryan Husarik, formerly the deputy police chief of Burr Ridge, Illinois, was arrested on April 15 in Northern Virginia while attending the FBI National Academy. He was driving a police car with a reported blood-alcohol level 2.5 times the legal limit, according to Virginia State Police.

But despite multiple public records requests since April, Patch has been unable to obtain the video.

Burr Ridge Police released the Virginia police report obtained through an internal investigation but declined to release the video footage, citing an Illinois law that exempts records related to a public body’s adjudication of employee discipline. Had the arrest occurred in Illinois, the video would likely have been subject to the state’s Freedom of Information Act.

Patch then requested the video from Virginia State Police, but the agency denied access, stating the footage was part of a closed criminal investigation. Virginia’s public records law, which is more restrictive than Illinois’, allows police to withhold such materials at their discretion.

Last week, a Patch reporter in Virginia filed a similar request, as Virginia’s public records law sometimes grants greater access to state residents. However, Virginia State Police again denied the request, citing the closed case exemption. The agency stated that its decision applied to all related documents, including the police report.

Megan Rhyne, executive director of the Virginia Coalition for Open Government, told Patch that the law does not prohibit the release of the video but allows police discretion in withholding it. “The only way to pry it loose after repeated denials that are unfortunately allowed under existing law is to challenge the denial in court,” Rhyne said in an email to Patch.

The video could provide insight into whether Husarik invoked his status as a police officer during the arrest. 

Following the incident, Husarik, who was earning $150,000 annually at the time, was suspended for 40 days without pay until July 26. He was later demoted to sergeant. 

UVA Audit Committee reviews health system oversight amid employee allegations

The University of Virginia’s Board of Visitors Audit, Compliance, and Risk Committee has reviewed its 2024 fiscal audit, focusing on financial oversight at the UVA Medical Center and ongoing investigations into leadership misconduct allegations.

The session was mostly closed to the public, with members consulting Washington, D.C.-based legal firm Williams & Connolly, according to a report by The Cavalier Daily, the university’s newspaper. 

The committee is investigating claims from 128 employees of the UVA Physicians Group, who accused UVA Health CEO Craig Kent and School of Medicine Dean Melina Kibbe of administrative misconduct.

Financially, the university’s net position rose by $757 million, driven by a $403 million increase in patient services and $593.5 million in investment income. Vice President for Finance Augie Maurelli highlighted a 50% reduction in unresolved audit “management points” from last year, with three new points bringing the current total to six.

David Rasnic, director of higher education audit programs, discussed financial control issues at the Medical Center stemming from the 2021 acquisition of UVA Community Health. He cited a “historic [structure] of inadequate design controls,” adding that “a lack of supporting documentation paired with management override of controls create risks for error and fraud.” 

Rasnic further revealed that the Medical Center failed to reconcile bank statements for nine months, resulting in $30 million in overpayments and $60 million in unrecorded wire transfers.

The audit recommended improved oversight of service providers, stronger interdepartmental communications, better student loan reporting, and enhanced firewall security. It also highlighted the creation of UVA’s first Director of Privacy Programs, set to be hired in early 2025.

Ongoing audits include an NCAA-mandated review of intercollegiate athletics revenue and expense reporting, expected by February 2025, as well as the inclusion of UVA’s financial aid audit in Virginia’s broader Single Audit review of federal fund use.

The Audit Committee will reconvene at the next Board of Visitors meeting in March.

Misconduct probe prompts mandatory training for Hanover High baseball team

Hanover County Public Schools (HCPS) has completed its investigation into reports of misconduct within the Hanover High baseball program, which remains suspended. 

On Wednesday, HCPS announced that mandatory training for players and coaches would take place as part of efforts to address the issues, the Richmond Times-Dispatch reported. 

HCPS spokesperson Chris Whitley confirmed that the investigation was “comprehensive” but said specific details, including any disciplinary action or the job status of coach Tyler Kane, could not be shared due to privacy laws. 

In a letter to families and staff, HCPS outlined three key areas for improvement: increased supervision, clearer communication of expectations, and additional training. 

To support this, the program will collaborate with A Better Way Athletics, a third-party vendor specializing in athletics management. The organization will provide required training for all players and coaches, with any team member or coach who misses the initial session required to complete it before resuming activities. “The training from A Better Way Athletics will support our efforts to help ensure that the program is one where all students feel safe, respected, and supported,” Whitley said.

A Better Way Athletics, based in North Chesterfield, offers courses on topics like managing conflict and engaging officials, aiming to “minimize risk,” “create alignment,” and “cultivate growth.” Clients include schools from across the U.S.

Following the training, HCPS expects to resume off-season baseball activities after winter break, which runs from Dec. 23 to Jan. 3, according to The Times-Dispatch. Whitley said that no school-sanctioned practices have occurred during the suspension.

The Hanover County Sheriff’s Office confirmed it received a report in October related to the investigation but did not pursue it as the family involved did not want law enforcement involvement. “It is a school matter and has nothing to do with the Sheriff’s Office,” said Sgt. Steven Wills.”

Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: [email protected]