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Court lifts seal on motion in FOIA dispute with former officer

By George Copeland Jr. | 11/20/2025, 6 p.m.
A previously sealed court filing in a lawsuit over the city’s handling of public records was made public on Nov. …
Connie Clay

A previously sealed court filing in a lawsuit over the city’s handling of public records was made public on Nov. 13 after tense exchanges between the judge and the city’s attorney.

The latest hearing in the lawsuit between the City of Richmond and former Freedom of Information Act officer Connie Clay ended with a filing on unpreserved evidence unsealed amid those exchanges. 

Circuit Court Judge Claire Cardwell unsealed the filing, a report from Clay’s attorneys on their efforts to search for evidence relating to Clay’s firing. Cardwell initially sealed the document after emails from Jimmy Robinson Jr. of Ogletree Deakins, part of the team representing the city, requested it. 

Clay is suing the city and former city spokesperson Petula Burks over what she calls a “chaotic and mismanaged” FOIA request process that violated state law. She also alleges she was fired last year in “retaliation for reporting and refusing to engage in illegal and unethical activities in violation of FOIA.” 

Robinson’s sealing requests, read aloud in court by Cardwell, included asking her law clerk on Nov. 6 to have the Clerk’s Office seal the filing immediately “to prevent further dissemination.” 

Clay’s attorneys filed the document amid broader struggles to address missing or unpreserved evidence, including cellphone records between Clay and Burks, her former boss who lost her city-issued phone during the summer last year. 

Robinson said in his email — and again in court — that he made the sealing request assuming the documents were for in camera review, not for the public record. 

“Whether that was wrong or not, Your Honor, that was our and arrested by Virginia Capitol Police. out of the meeting room, pinned face down 

Despite the experience and potential impact of divestment on their retirement funds, VRS members present were steadfast in their criticism and urged other members worried about their pensions to follow their example. 

“I challenge you to reflect on why they stake our retirements, our ability to take care of our families once we’re done working, on the systematic and brutal erasure of people who are just like us,” Cleckley said. 

Other statements directed at the VRS board from VRS members, including working and retired teachers, state employees and public utilities workers, were read during the event. 

In a statement, VRS said its many investments are chosen and reviewed carefully and are necessary for the safety and growth of the Trust Fund and the long-term benefit of its “more than 850,000 members, retirees and beneficiaries.” 

“VRS’ investment policy is based on our fiduciary duty to act in the best interest of members, retirees and beneficiaries and to maximize returns for a given level of risk,” VRS officials said. “Limiting investment choices interferes with those fiduciary requirements, which are set in the Virginia Constitution and the Code of Virginia.” 

The No Pensions for Genocide campaigners are also working to spread knowledge of their efforts and goals throughout the community, and members say more events and gatherings will be held in the future. 

“We’re not going to rest until full liberation is achieved and full divestment is achieved,” Palestinian Youth Movement member Sereen Haddad said.