FOIA whistleblower trial moved to 2026, Richmond’s already spent over $234K fighting lawsuit
RICHMOND, Va. (WRIC) -- A trial for a whistleblower lawsuit filed by a former Richmond city employee has been postponed until 2026. As the city has already spent nearly a quarter of a million dollars fighting this suit, Thursday's deferral ensures those costs will continue to rise.
The trial was supposed to start Sept. 23 for former Freedom of Information Act (FOIA) officer Connie Clay, who said she was silenced and eventually fired for reporting ongoing FOIA violations.
According to receipts 8News obtained from the city, they’ve spent just over $234,000 from May 2024 through June of this year. As Clay is seeking $250,000 in damages, the city is currently set up to pay nearly half a million dollars if it loses the suit.
In court on Thursday, Sept. 18, Judge Claire Cardwell pushed the trial to June 2026 -- meaning that number is only going to go up.
Clay was responsible for processing public record requests for 27 city departments starting in the summer of 2023. She said in court filings that the city frequently missed deadlines and that she was even told to ignore public records requests, adding that she felt “silenced” when she shared concerns.
She was fired in January 2024 by Petula Burks, the city’s director of the Office of Strategic Communications and Civic Engagement. The lawsuit states Burks told Clay she wasn’t a “good fit,” but gave no further explanation.
“The city is going to respond, ‘No, that is not true' -- that she was fired for good cause," said 8News legal analyst Russ Stone.
Stone said civil cases like this usually reach a settlement.
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“Both sides agree that this is going to cost us a lot of money if we fight this out -- and they really have to be 100% sure that they are right," he said.
These documents show the over $234,000 the city has paid law firm Ogletree Deakins. The most spent at once was $64,000.
The trial being pushed out an additional nine months isn't going to make this process any cheaper.
“That is going to run a lot more probably than the $230,000 that’s already been spent," Stone said.
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"I am grateful for the judge's thoughtfulness," Clay told 8News. "I look forward to the jury trial where the citizens of Richmond will decide what happened on January 19, 2024 and why."
8News reached out to the city for comment. We have not received a response as of the time of reporting.