FOIA: William & Mary Intervenes in City's Release of Public Information
Materials withheld at College's request in 2024 remain undisclosed
“Understood. I have spoken with Chris and I believe it is resolved. They will withhold everything W&M objects to turning over.” -Williamsburg City Manager Andrew Trivette
The Williamsburg Independent submitted a Freedom of Information Act (FOIA) request to the College of William and Mary in May 2025 asking for copies of communications between College administrators and City of Williamsburg leadership. The response from the College is the source for the following account.
Coordinated FOIA response
Back in May 2024, Dr. Robert Wilson, a Williamsburg resident, also sought copies of College and City communications. At the time, Wilson filed requests with both to get these records, though he ultimately only moved forward with the request to the City. (Note: Dr. Wilson is a frequent contributor to the Williamsburg Independent. His requests were submitted before this newsletter was launched, and I was unaware of his FOIA request until receiving the information from the College).
Official records suggest that the College was given the opportunity to review the City’s response to the FOIA before it was released. After the College raised concerns, the City withheld still undisclosed information in deference to the College’s request. Though Wilson was made aware that some information was withheld at the time, he was not informed about the coordination between the City and College regarding the response he eventually received.
Withheld information
More recently, requests I made for the information withheld in 2024 were rejected by the City, which stated:
Records withheld from the FOIA response previously sent to you are again being excluded pursuant to the following:
Working papers and correspondence of the City Manager: Virginia Code § 2.2-3705.7(2);
Information relating to the negotiation and award of a specific contract where competition or bargaining is involved and where the release of such information would adversely affect the bargaining position or negotiating strategy of the public body: Virginia Code § 2.2-3705.1(12); and
Personnel information concerning identifiable individuals: Virginia Code § 2.2-3705.1(1).
Record of official communication between College and City
Deliberations between the City and College regarding the 2024 FOIA response included emails, texts, as well as references to phone calls and meetings, and appears to have included the College’s Senior Assistant to the President, legal counsel for the College, Williamsburg’s City Manager, as well as Williamsburg’s legal counsel.
The content of the correspondence between the City and College regarding Dr. Wilson’s original 2024 FOIA response is presented below. The information is transcribed as originally written, though some personal information unrelated to the FOIA response has been removed. The communications are arranged in what is believed to be chronological order.
Email: May 22, 2024 at 1:02 PM
From: Michael Fox, Senior Assistant to the President, College of William & Mary
To: Andrew Trivette, Williamsburg City Manager
Subject: response
Message:
Drew,
Per our call a couple of weeks ago - did the City send a response to the person requesting information re communications between the City leadership and W&M? There was no further follow up with the person from W&M.
Michael
Text Message: May 24, 2024 at 2:16 PM
From: Michael Fox
To: Andrew Trivette
Message:
Drew. Thanks for the call and message. Would like to pick up a hard copy of what will be shared re the FOIA.
Would be great if you could ask them to make a copy for me and I will pick up next week.
Email: May 28, 2024 at 2:39 PM
From: Michael Fox
To: Jacob Lambert, Williamsburg Assistant City Attorney
Subject: FOIA
Message:
Jake,
Hello and good afternoon.
The City Manager suggested I could come by to pick up a copy of the FOIA response that involved the City and W&M.
OK - if I do this later tomorrow or Thursday.
Thanks.
Michael Fox
Email: May 29, 2024 at 2:50 PM
From: Michael Fox
To: Jacob Lambert
Subject: call
Message:
Jake,
Possible for you and me and W&M Counsel Carrie Nee to have a call around 415PM this afternoon? She is not available until then – though she would have time for a short call at 3PM if that works better for you.
Let me know.
Thanks.
Michael
Text message: May 29, 2024 at 4:46 PM
From: Michael Fox
To: Andrew Trivette
Message:
I have been back and forth with Jake today. He has been helpful but I am very concerned with the amount of and content of records that are planning to be released tomorrow. Planning to speak with Chris tomorrow and WM Counsel but the deadline to release is tomorrow.
Text message: Date and time unclear from provided records
From: Andrew Trivette
To: Michael Fox
Message:
Understood. I have spoken with Chris and I believe it is resolved. They will withhold everything W&M objects to turning over.
Email: May 30, 2024 at 8:33 AM
From: Michael Fox
To: Christina Shelton, Williamsburg City Attorney
CC: Sarah Melchior (W&M Associate University Counsel), Jacob Lambert
Subject: call
Message:
CONFIDENTIAL
Chris,
Good morning.
Could we set up a time for a call with Sarah Melchior and me this morning? I will make whatever time work – I believe Sarah is unavailable from 10 to 11AM.
Michael
Email: May 30, 2024 at 12:53 PM
From: Jacob Lambert
To: Michael Fox
Subject: Re: FOIA
Attachments: #1.pdf; #2.pdf; #3.pdf; #4.pdf; #5.pdf; #6.pdf; #7.pdf; #8.pdf; RVA757 Board email.pdf
Message:
Updated
Download a copy of the City and College’s communication about Dr. Wilson’s FOIA request:
