Warren County’s Renewed FOIA Push Meets Formal Denial from Samuels Library Over Legal Standing, Cost, and Scope

The tension between the Warren County Board of Supervisors (less Supervisor Cheryl Cullers) and Samuels Public Library escalated further this month after the library formally rejected a second round of ten Freedom of Information Act (FOIA) requests issued by the County. In a letter dated May 7, 2025, Library Director Erin Rooney cited legal grounds and logistical challenges in declining to fulfill the requests, reinforcing a standoff that now appears headed for formal review by the Virginia FOIA Council or potential legal action.

The Board, led by County Administrator Ed Daley, resent the FOIA letters on April 30, aiming to address procedural issues raised by the Library after an earlier March filing. This second attempt included updated language, formal signatures, and clearly stated cost caps in an effort to comply with the library’s earlier feedback.

Despite those adjustments, the Library’s May 7 response reaffirmed its position: that Warren County, as a government body, does not qualify as a requestor under the Virginia Freedom of Information Act (VFOIA).

“Warren County is a political subdivision of the Commonwealth of Virginia and, thus, a component part of the sovereign,” Rooney wrote. “It is not, therefore, a citizen of the Commonwealth to which a response is required under VFOIA.”

What Was Requested

The County’s FOIA filings seek documents relating to over $7 million in public funds allocated to Samuels Library between 2006 and 2011 for the planning, construction, furnishing, and equipping of the Criser Road facility. These include:

1. Architectural and Engineering Services
2. Construction Estimation and Bids
3. Criser Road Construction Invoices and Change Orders
4. Capital Improvements from Lease/Purchase Proceeds
5. Furniture Purchased During Construction
6. Furniture Loan After Construction
7. Pre-construction Furniture Fundraising
8. Paycheck Protection Program (PPP) Loan Records
9. Investment Records for Transferred County Funds

Each request was capped at a $150 fee and asked for digital delivery when possible, to reduce costs and processing time.

Samuels’ Response: Cost, Time, and Standing

In addition to citing the County’s lack of legal standing under FOIA, Samuels Library provided its first formal cost estimate for fulfilling the records search: $10,487.60, based on an estimated 100 hours of staff time.

“Most of the documents are not digitized and are in storage,” Rooney explained. “In order to still meet our operational responsibilities, this would require a minimum of 10 weeks to complete.”

Rooney also cited the “extraordinary volume of records” and stated that even with the maximum 12-day FOIA extension permitted by law, the library could not complete the work within that timeframe.

Rooney did add, however, that if “a citizen of the Commonwealth” were to submit identical requests, the library would respond, albeit with the same cost and timeline estimates.

County’s Position: Transparency in Public Spending

The FOIA requests stem from the Board of Supervisors’ ongoing effort to evaluate how Samuels Library has managed past public funding, particularly during the Criser Road construction project. This project began with an initial $250,000 appropriation for architectural work in 2006 and included a $356,000 furniture loan in 2009.

County officials have emphasized that these records are directly tied to taxpayer funds and should be accessible as a matter of public accountability, especially since Samuels Library receives the majority of its annual funding from County sources.

The Board has also cited Virginia FOIA statute § 2.2-3700, which encourages a liberal interpretation of the law in favor of open government. They believe that spirit extends to publicly funded nonprofits operating with County support.

Legal Questions and the Next Step

The library’s interpretation relies on FOIA language that restricts access to “citizens of the Commonwealth”, a phrase traditionally applied to individuals rather than government entities. However, the County contends that the content of the request (public funds, public construction, public infrastructure) should override the procedural form.

As of May 15, the Board has asked the Virginia FOIA Council to issue an advisory opinion on whether governmental bodies may legally submit FOIA requests and whether organizations like Samuels that receive public funding must comply in such cases.

The outcome of that opinion could influence how other counties, cities, and school systems in Virginia approach transparency and oversight with independent nonprofits that manage public resources.

A Broader Standoff Over Access

This legal standoff follows other recent tensions between the Library and the Board, including previous disputes over budget allocations and governance. While Samuels Library has consistently maintained its commitment to transparency, the denial of the FOIA requests, combined with the cost estimate and projected 10-week delay, has sparked frustration among County officials and some members of the public.

The County has not indicated whether it will re-submit the requests through private citizens, but such a move remains an option. Alternatively, the Board may wait for the FOIA Council’s guidance before taking further action.

For now, the requested records, spanning over a decade of taxpayer investments, remain out of reach.

Warren County Supervisors Seek FOIA Ruling After Library Denies Records Request