Radio company files FOIA request against WVU

MORGANTOWN - West Virginia Radio Corporation filed a Freedom of Information Act against West Virginia University and the school's Board of Governors.

The suit was filed June 12 in Monongalia Circuit Court, after West Virginia Radio Corporation submitted a FOIA to the Office of the WVU President, requesting copies of the report from R and V Associates of its review of the WVU Health Sciences System.

According to the lawsuit, Kay Murray, of West Virginia Radio Corporation, contacted the office May 22, 2008, asking if the school had received the FOIA request. She was told the request had been received and passed on to the appropriate personnel.

Murray then called back May 30, 2008, and again inquired about the status of the report she was requesting. According to the suit, she was told the school needed more time to respond.

On June 3, 2008, Sandra Wilson, legal counsel for WV Radio Corporation called Bev Kerr, WVU legal counsel, asking why WVU had not responded to the FOIA request.

Wilson was told Kerr was not available and would return her call. According to the suit, Kerr had yet to return Wilson's call by the time the suit was filed.

"As of the date of the filing … WVU has failed to respond to the May 22, 2008, Freedom of Information Act Request," the suit says. "Specifically, WVU has failed to provide a copy of the R & V Associates Report, as requested, and further, WVU has failed to claim any exemption under the Act."

West Virginia Radio Corporation seeks immediate access to the report, as well as court costs for filing the FOIA.

J. Robert Gwynne and Wilson are representing the radio company.

Monongalia Circuit Court case number 08-C-426