The city of Westover is being sued by resident Frank Huy on claims that the city twice unlawfully denied his access to public records guaranteed by West Virginia Code 29B-1-1.
Based on the suit, filed May 27 in Monongalia County Circuit Court, Huy’s legal action comes after a month-long effort to obtain various records identifying city employees/employment status and records related to the mayor’s salary and any other reimbursements made to the mayor using public funds since Jan. 1, 2020, as well as a copy of the city’s liability insurance policy
According to Huy’s lawsuit, he filed a Freedom of Information Act request, or FOIA, on April 14 in an attempt to identify city employees who were witnesses as Mayor Dave Johnson “assaulted and threatened battery” the day prior. Huy’s intent was to turn those names over to the West Virginia State Police as part of a criminal complaint.
As part of that request, Huy asked for an itemized list of all city employees including full name, identification number, official title, annual salary or public funds received, employment start and end dates and each employee’s direct manager. The request also sought information regarding compensation paid to the mayor and elected officials.
On April 19, the city responded, stating it had no public record that would satisfy the request.
“Mr. Huy asked the city to prepare a seven-item report. The city has no records that meet the requirements of his request,” Westover City Attorney Tim Stranko said. “FOIA requires us to surrender city records, not to prepare reports for the requester.”
Huy’s lawsuit also claims that on April 6, he filed a FOIA with the city asking for the complete, unedited recording of the April 4, 2022, meeting of city council as well as a copy of the city’s liability insurance policy and an itemized list of the city’s liability insurance policies, including company name, policy number, periods of coverage and premium costs.
The city responded on April 12 explaining that the 168-page policy was available to pick up at city hall for 25 cents/page.
Huy claims the city has the ability to provide an electronic copy of the items in question, but has refused.
Further, it states Huy has made at least six other FOIA requests in which he has asked that public records be provided electronically.
“The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know,” the suit states, quoting WV Code.
It goes on to state “WV FOIA does not provide local governments the latitude to deny FOIA requests for electronic versions of public records when electronic versions exist.”
The lawsuit is asking the court to declare the city’s actions unlawful and issue injunctive relief ordering all information withheld from disclosure be produced, and provided in electronic form as requested.
