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RICHMOND, VA (June 4, 2025) — The Office of the Secretary of Labor is refusing to release records related to its oversight of the Department of Professional and Occupational Regulation (DPOR), invoking the “working papers” exemption under Virginia Code § 2.2-3705.7—even after the agency has confirmed the review in question was completed.
In its response to a FOIA request submitted by The Virginia Consumer, the Governor’s FOIA Office wrote:
“Other requested records are being entirely withheld pursuant to Virginia Code Section 2.2-3705.7 as working papers and correspondence of the Office of the Governor.
The volume of records being withheld is approximately one manilla file folder containing duplicates. The subject matter of records being withheld is related to the oversight and review of DPOR by Secretary of Labor and communications within the Secretariat of Labor.”
The Secretariat’s declaration that the documentation is one manilla folder’s worth is troubling and in direct contrast to the DPOR FOIA Office who estimated the documentation to be nearly 2500 pages.
The Virginia Consumer issued a formal response challenging the legal validity of this exemption:
The exemption claimed under Virginia Code § 2.2-3705.7 is being applied in an overly broad and unsupported manner. According to the Office of the Secretary of Labor, the review of DPOR is complete. Therefore, any related records no longer qualify as ‘working papers’ under Virginia law. Once a review or investigation has concluded, the deliberative process exemption may no longer be lawfully invoked to withhold responsive records.”
The Governor’s Office and the Office of the State Inspector General (OSIG) both formally declined to review the DPOR file. OSIG additionally confirmed that no investigations were active in this matter, further discrediting any claim that there is an ongoing deliberative process that might justify continued withholding of the records requested.
Within the withheld records are documents reportedly involving Kishore Thota, DPOR’s Former Director, and the Chief of Staff to Lieutenant Governor Winsome Sears. These communications allegedly relate to the substitution of licensing information in DPOR’s official records—actions that may have allowed an unlicensed subcontractor to operate under the appearance of regulatory compliance, with no disciplinary action taken by the state despite multiple alerts made to the agency.
Under Virginia law, records generated or received by the Secretariat are only exempt if they were specifically prepared for the Governor’s personal use. Delegation alone does not expand the scope of the exemption.
In previous FOIA disclosures, a substantial number of related documents were already released—contradicting the notion that the withheld materials were confidential “working papers” exclusively prepared for the Governor.
The request called for immediate disclosure of all non-exempt records, including:
- Calendar entries and meeting schedules concerning DPOR, contractor licensing, or regulatory reform
- Internal memoranda, briefings, and inter-staff communications on the same
- Correspondence with third parties such as contractors, trade groups, legislators, or consumer advocacy organizations
The Virginia Consumer has also requested the official position of the Office of the Governor regarding the ongoing FOIA response delays and reported staffing shortages, which have been cited by multiple agencies on the fifth day following a received FOIA request. This same tactic has been reported by multiple news outlets as Richmond City is defending multiple FOIA citations in court and Virginia is criticized as allowing its government to maneuver around federal FOIA mandates with the same script.
The Governor’s FOIA Office has not responded with comment.
About The Virginia Consumer
The Virginia Consumer is an independent investigative advocacy platform dedicated to uncovering regulatory failures and protecting the rights of Virginia residents. Through public records, original reporting, and legislative awareness, we aim to restore accountability and consumer protection in the Commonwealth.
