BoS Raising YC Taxes by 17 Percent! While Concealing New County Administrator Compensation?
We Virginians have rights to government information. We pay for it. York County has not cooperated as that law requires. Here is one taxpayer’s experience.
County of York via electronic mail
Re: Pending FOIA requests concerning Bellamy and Fuller compensation
On 3 April 2024 I requested copies of the employment contracts of Mark Bellany and Brian Fuller and their end of 2023 and most recent pay advices. On 3 April 2024 Ms. Whittaker indicated there might be charges for providing the requested information. That same day I asked for an estimate of such charges in reply to Ms. Whittaker.
Also, on 3 April 2024 Ms. Whittaker sent the following: “Mr. Petersen: If a request requires significant staff time (typically more than 15 minutes) we do charge for that time at a rate of $25/hour or the lowest rate of pay of the person qualified to do the work. Each request is different and costs vary. Regarding the contracts of Mr. Bellamy and Mr. Fuller, I can tell you that I do not believe Mr. Fuller has a contract (most county employees don’t). Staff will let me know about Mr. Bellamy’s contract”
On 04 April 2024 I restated that I wanted pay advices .
On 04 April 2024 Ms. Whittaker responded, “Mr. Petersen: Pay advices are exempt per Code of VA 2.2-3705.1(1), personnel information, and will not be provided.”
I replied that although personnel records are exempt as she indicated, the final paragraph of 2.2 Sec. 2705.1 (1) states as follows:
“No provision of this chapter or any provision of Chapter 38 (§ 2.2-3800 et seq.) shall be construed as denying public access to (i) contracts between a public body and its officers or employees, other than contracts settling public employee employment disputes held confidential as personnel records under § 2.2-3705.1; (ii) records of the name, position, job classification, official salary, or rate of pay of, and records of the allowances or reimbursements for expenses paid to, any officer, official, or employee of a public body; or (iii) the compensation or benefits paid by any corporation organized by the Virginia Retirement System or its officers or employees.” The provisions of this subdivision, however, shall not require public access to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less. Section 2.2-3705.1. (Emphases supplied.)
On 04 Apr 2024 Ms. Whittaker replied, “[t]hat code section is correct, Mr. Petersen. We can provide you with “name, position, job classification, official salary, or rate of pay of, and records of the allowances or reimbursements for expenses paid to, any officer, official, or employee of a public body,” but that does not allow the public access to an employee’s pay advices, which contains a wide variety of other personnel information.
I responded on 04 Apr 2024, then provide what you deem appropriate in your reading of the statute and do so timely please. I am not waiving my rights as a Citizen of the Commonwealth. I humbly suggest that you inform whoever is directing your responses that I object to them. If necessary, refer me to your superiors.”
Ms. Whittaker sent me the Bellamy contract on 8 April 2024. She also informed me Fuller has no contract. She informed of the titles and annual base salaries of these employees.
As of 22 April I have not received the records I requested regarding the compensation and reimbursement and expenditures information I requested on 3 April 2024, which Section 2.2-3705.1 (1) clearly entitles me to.
Although I requested one 20 days ago, I have not received an “estimate” of the charges, if any. Instead, I have been given a list of rates but not an estimate required by Section 2.2-3704 F.
Regarding the other forms of compensation listed on pay advices or check stubs or their like, Ms. Whittaker demurred citing the personnel exemption. Although the evidence of the correct compensation such as a pay advice or check stub has certain information which may not be disclosable under the FOIA ACT that does not excuse the County from providing the requested information that is disclosable. Ms. Whittaker has consistently ignored the plain mandates of Section 2.2-3704 that records be disclosed with undisclosable (by the terms of the Act) content withheld. The statutory language is as follows:
“A public record may be withheld from disclosure in its entirety only to the extent that an exclusion from disclosure under this chapter or other provision of law applies to the entire content of the public record. Otherwise, only those portions of the public record containing information subject to an exclusion under this chapter or other provision of law may be withheld, and all portions of the public record that are not so excluded shall be disclosed.” Section 2.2-3704.01. (Emphases supplied.)
The foregoing demonstrate that the County of York has violated my rights provided in the Act by: 1] intentionally refusing the requested compensation information other than salary as required by Section 2.2-3705.1; 2] failing to provide an estimate of charges required by Section 2.2-3704 F; 3] failing to timely provide the estimate and documents as required by Section 2.2-3704; 4] failing to provide any of the required responses by Section 2.2-3704 B 1-4; 5) failing to respond deemed a denial of the request Section 2.2-3704 E.
Please comply with my lawful requests by 25 April 2024 or I may pursue my legal remedies.
Sincerely,
Michael L. Petersen
Cc: Stephen.Roane@yorkcounty.gov; douglas.holroyd@yorkcounty.gov;
noll@yorkcounty.gov <noll@yorkcounty.gov>; wayne.drewry@yorkcounty.gov;
shepperd@yorkcounty.gov; ctyadm@yorkcounty.gov;
bellamy@yorkcounty.gov; bfuller@yorkcounty.gov; Heather.Schott@yorkcounty.gov;
