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Onley council rescinds 2022 FOIA fee motion, asks attorney and Delegate Bloxom to explore remedies
Summary
The council voted Oct. 7 to rescind an Aug. 1, 2022 motion that had mandated charging for FOIA requests, citing concerns about profiting from public records and possible harassment of town staff; the town attorney will contact VML and Delegate Daniel Bloxom will be asked to investigate corrective options through the General Assembly.
On Oct. 7 the Onley Town Council voted unanimously to rescind a prior Aug. 1, 2022 motion that had directed charging fees for Freedom of Information Act (FOIA) requests. Clerk/Treasurer Jamye Salazar and Town Manager Susan Rillo told councilors that municipal FOIA practice cannot be used to generate profit and that excessive fees could invite litigation or run afoul of state rules.
Ms. Rillo asked councilors to rescind the 2022 motion, saying charging $30 an hour as previously adopted could exceed employee wages and therefore constitute a profit on public‑records requests. "We cannot set FOIA fees high to deter FOIA requests," she said. Town Attorney Carl Bundick acknowledged concern about repeated or abusive requests but noted FOIA statutes provide limited remedies; he said he would contact the Virginia Municipal League (VML) about harassment protections and report back.
Several councilors expressed frustration that repeated complaints to multiple agencies were creating extra workload for staff. Councilor Bill Ferguson said he was concerned staff were being harassed through repeated requests; Delegate Daniel Bloxom was asked to look at whether the General Assembly or FOIA Council could implement corrective procedures.
The motion to rescind, made by Bill Ferguson and seconded by Woody Zember, passed on a unanimous roll‑call vote. The council asked the town attorney to consult VML and present options at the next meeting.
The council’s recorded vote on the rescission was: Daniel Bloxom — yes; Brian Corbin — yes; Bill Ferguson — yes; Kate Hill — yes; Rodney Lang — yes; Ned Finney — yes; Woody Zember — yes.
