Judge to decide if it has to release records
A legal battle is underway in Rappahannock County Circuit Court to determine whether the Sperryville Volunteer Rescue Squad (SVRS) is a publicly-funded organization — and therefore required to provide its records under the Virginia Freedom of Information Act (VFOIA).
The case stems from a lawsuit filed in September by local attorney David Konick on behalf of Brian Savage, a member of SVRS.
Konick filed the suit after Savage claimed he was denied information that he requested from SVRS about a 9-1-1 call he responded to at a home in Woodville on Aug. 10, according to court records.
Savage said he was “physically assaulted” by the patient while trying to provide medical assistance, according to his lawsuit. According to the documents, the patient later alleged that Savage assaulted him, which Savage has denied.
Savage then requested various records related to the 9-1-1 incident through a VFOIA request, according to court documents, and a formal response was returned by attorney Michael T. Brown, representing SVRS. Brown argued the rescue squad is not a public body, does not receive a majority of its funding from public dollars and is therefore not subject to a VFOIA request. The request for documents was denied.
In response, Konick filed subpoenas to three members of SVRS in an effort to get the requested documents. Attorneys representing SVRS filed a motion to quash, or to stop the subpoenas, and wrote that the subpoenas were issued to the members “in their individual capacities,” asking them to produce corporate records.
One of SRVS’ attorneys Dawn Boyce said in court last Friday that the subpoenas were improper because individuals cannot be compelled to produce organizational or corporate records in their personal capacities.
“There was clearly an intent to circumvent the FOIA process,” SRVS attorney Dawn Boyce said.
Judge James Plowman agreed and granted SVRS’ motion to stop the subpoenas.
“I’m not going to have you subpoena someone in their individual capacity to use their authority to invade the corporate documents,” the judge told Konick.
The issue of whether SRVS qualifies as a public body under VFOIA is scheduled to be addressed at a hearing on Nov. 21.



