A Richmond judge will review text messages on two city-issued work phones to determine their relevance in a former Freedom of Information Act officer’s $250,000 lawsuit against the city.

Richmond Circuit Court Judge Claire Cardwell on Monday ordered the phones previously issued to former FOIA officer Connie Clay and former city spokeswoman Petula Burks to be turned over for review. 

Clay’s attorney, Sarah Robb, argued the phones could help fill “pieces of the puzzle” in building a complete record of messages related to Clay’s firing last year. Robb read aloud one text from Clay’s work phone to Burks’ phone about “the abuse from city employees from the mayor’s office on down.” 

Robb said Clay and Burks sometimes switched between their personal and work phones when discussing job matters. Because Clay lost access to her work phone when she was fired, gaps appeared in message chains turned up during discovery, she said. 

“It’s unreasonable that we don’t have those,” Robb told the court, “because those are the conversations that happened around the time that my client was terminated.” 

Clay is suing the city and Burks, alleging a “chaotic and mismanaged” FOIA process that violated state law. She claims the city ignored her warnings about delayed and ignored FOIA requests and that she was fired “in retaliation for reporting and refusing to take part in illegal and unethical practices.” 

City Attorney Jimmy Robinson said the city already reviewed and shared relevant messages with Clay’s lawyers and has asked them to identify any missing communications or dates. 

Cardwell was not persuaded. Robinson objected to allowing Clay direct access to her work phone, arguing it remains city property, but agreed to Cardwell’s review of the devices. 

The judge also ordered the city to provide a copy of Burks’ severance agreement after Clay’s attorneys argued it may be relevant to the case. 

Monday’s hearing was one of two scheduled before a three-day jury trial beginning Tuesday, Sept. 23.