Election year 2011 is off to an inauspicious start for Fairfax County Public School Board member Elizabeth Bradsher and her supporters.  

On Friday, a second lawsuit relating to the School Board's decision to close Clifton Elementary School was filed in Fairfax Circuit Court.  

This comes just weeks after plaintiffs filed an appeal with the Virginia Supreme Court claiming that the Board exceeded its authority and was "arbitrary and capricious" in its decision to close the county's second-highest-performing elementary school.  

While Judge Dennis Smith found on Dec. 1 that parents clearly had standing, he was unwilling to "sit as a super school board."   

The newly filed suit asserts that FCPS repeatedly and intentionally violated the Virginia Freedom of Information Act (FOIA).  

An effort by Virginia's General Assembly to prevent public officials from operating in secrecy, the so-called  "sunshine" laws require that virtually all government business be open to public examination and duplication.

FCPS is accused of delaying and refusing requested information disclosure, requiring improper prepayment and ultimately withholding information in violation of FOIA regulations.  

The complaint documents at least one such conversation on the issue.

Bradsher warns fellow Board members: "Do not forward."  

Though FCPS-released e-mails have already considerably damaged the board's reputation, both individually and collectively, FCPS has obstinately refused to release e-mails between board members and facilities staff during public hearings this summer.  

Citing repeated FOIA and "open meeting law" violations, the petitioner seeks a "writ of mandamus," that would compel FCPS to release those "secret" communications and comply with the law.  

The complaint also asks the court to overturn the decision to close Clifton Elementary as it was not made in accordance with mandates and violates the board's own strategic governance guidelines.

Bradsher cited the school's well water as a primary (but inaccurate) justification for closure.  

Bradsher and Dean Tisdadt, chief operating officer of facilities, both knew earlier that week that water test results came back as perfectly safe.  

However, Tisdadt withheld the results, failing to forward them to Board members until after the meeting commenced.

Petitioner Jill Hill's repeated requests and follow-ups to Paul Regnier, coordinator, Media Crisis and Communications ("the Gatehouse Gatekeeper") are documented in the brief, along with multiple supporting exhibits, including e-mails previously released under FOIA requests.

Sunshine laws require that the case be heard within seven days.  

Tomorrow's Emerging Vittorius opinion column on Fairfax Station Patch: Another source of concern for Bradsher is a PTA resolution circulating among schools in the Southwestern Boundary Study.  The resolution calls for a delay in FCPS redistricting plans, citing lack of proper planning and inaccurate, inconsistent data. 

Editor's note: Patch columnist Elizabeth Vittori is a plaintiff in the first lawsuit filed by Clifton parents against the local school system. 

Opinions of Patch columnists do not necessarily reflect the views of the company.