County FOIA Troubles Grow, Charles Town Makes Plans
Published about 3 hours ago • 16 min read
Observer Weekly
September 17, 2026
Jefferson County, WV news & events
At some point the excuses grow thin. The Jefferson County Commission’s record of not responding to FOIA requests as required by state law has drawn complaints and now a lawsuit.
When The Observer looked at this problem in August, the County had 20 unanswered FOIA requests from 2026. Now it's up to 34. The County says it hired an outside attorney to assist, but the Commission does not seem to have tasked that person with any sense of urgency to do the work.
When we look at the specific FOIA requests that are being ignored, the issue becomes even more troubling. Most of the unfulfilled requests were submitted by the Jefferson County Foundation, seeking information about development projects, including the Sidewinder water bottling plant (see our story below).
To be clear, there are legitimate exceptions to withhold confidential information and not all FOIA requests are submitted with good intent. But it’s odd that the County has been able to fulfill almost all of the requests it initially labeled as objectionable while it continues to ignore legitimate requests from the advocacy organizations and journalists that play key roles in ensuring government transparency.
The Jefferson County Commission’s backlog of unfilled FOIA requests continues to grow, and now the Commission has been sued over its lack of responsiveness.
A Freedom of Information Act (FOIA) request is a formal request for public records that a government body is required to produce or explain why it can not. Under West Virginia's FOIA statute, W. Va. Code §29B-1-3, a public body has five business days to respond. That doesn't mean the records themselves are due in five days — it means the agency must, within that window, do one of three things: hand over the records, tell the requester when and where they can inspect them, or deny the request in writing and state its reasons.
The Observer estimates that the Commission’s office has received 57 FOIA requests between January and August 2026. This compares to 29 requests received in 2025 and 49 requests received in 2024.
The Observer is unable to provide an exact number for 2026 because our own request for the Commission’s internal FOIA tracking log — a simple request for a single existing document — has been in limbo for over two months. We initially made several direct requests, which were ignored, before submitting a formal FOIA request on August 14. As of this morning, we have not received anything other than an acknowledgement that the request was received.
Secretary of State Tracks FOIA Compliance
Only 25 percent of the FOIA requests sent to the Commission in 2026 have been fulfilled as of the end of August, according to a database maintained by the WV Secretary of State. In addition to the backlog of 34 unanswered FOIA requests in 2026, the County Commission still has 9 unanswered FOIA requests from 2025 and 11 unanswered requests from 2024.
Jefferson County Foundation Sues County
A significant number of the outstanding FOIA requests from 2024 and 2025 were filed by the Jefferson County Foundation, for information related to land development projects, including the Sidewinder water bottling project and the Summit Point waterline project.
During public comment at the September 4, 2026 special meeting of the County Commission, Dr. Christine Wimer, president of the Jefferson County Foundation (image above), announced that the Foundation has filed a lawsuit against the County asking the Circuit Court to compel the Commission to follow West Virginia FOIA rules and fulfill its obligations to share information with the public.
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Charles Town Reviews Zoning, Parks & Comprehensive Plan
The Charles Town City Council discussed several items related to growth and planning at its meeting last week.
Charles Town City Hall
Restricting Automotive Businesses Downtown
The first item up for discussion was an amendment to the City’s zoning ordinance to restrict automotive-related businesses in the downtown commercial district. Nobody signed up for comment during the public hearing on this item, but the City did receive a letter from the Specialty Equipment Market Association (SEMA), a trade association for automotive product retailers, that highlighted several concerns with the proposed restrictions. Following the public hearing, the Council held a second reading and voted unanimously to approve the amendment.
The Future Of The Depot District Park
The Council had a lengthy discussion about the 2.9 acres of vacant land north of the CSX tracks that the City acquired in March 2025. The City Council expects this property (image above), dubbed the “Depot District” to be a park at some point in the future, but that will take a long process of staff planning and community workshops before any plan is finalized.
The discussion at the September 8 meeting was who should supervise that planning and community engagement process. Ultimately the Council agreed that the City’s Parks and Recreation Board will be responsible for taking the lead, within the framework of a specific agreement that will be drafted by the City Council’s attorney.
Getting Into A TIF — Tax Increment Financing District
A Tax Increment Financing District allows the City to designate the tax revenues from a specific area to be used for infrastructure and development projects within that area. That designation applies only to the taxes generated by new development — essentially new City revenue that would not otherwise exist without the new development.
The Council chose to proceed with a TIF and selected the first of four options for the boundaries. There was a map included in the meeting agenda packet, but the Council made several adjustments to the boundaries during the discussion, adding Potato Hill and Evitts Run Park to the approved district. The Council’s next step is to create a list of approved infrastructure projects to be funded by any new tax revenue generated in this district.
Comprehensive Plan On A Short Timeline
Roberta Meade-Curry, recently hired as the City’s Long Range Planner, provided a timeline for the City to meet its February 2027 deadline to approve a required 10-year review/update to its Comprehensive Plan.
Looking at the multiple public hearings and required notice windows, Meade-Curry recommended that the City stick to a minor update for this round in order to meet the early 2027 deadline. She noted that City could amend the Plan at any time and suggested that the City could begin a more robust review in the spring of 2027 after the required 10 year review is completed.
A message from the Jefferson County Chamber of Commerce
Join Us for the 50th — BRING A FRIEND & GET IN FREE!
Bring a friend and make a day of it! Celebrate the 50th Annual Mountain Heritage Arts & Crafts Festival with incredible handmade arts and crafts, live Appalachian music, delicious food, family-friendly fun, and the rich traditions of our region.
For a limited time, buy one admission and get one FREE! It’s the perfect excuse to grab your favorite festival buddy and enjoy a day filled with creativity, Appalachian heritage, music, food and memories.
Don’t miss this golden anniversary celebration, 50 years of Appalachian tradition!
You must have a printed copy (color or b/w) of the BOGO ad in hand to enjoy the BOGO, download one here!
Ballot Set For November Election, Absentee Voting Begins
The Jefferson County Ballot Commission held an emergency meeting on September 15 to finalize the ballot for the November 2026 election.
Last Minute Drama On The Ballot
The Clerk has a September 18 deadline to mail out absentee ballots. On September 10, Circuit Court Judge Bridget Cohee found that David Tabb is not legally qualified to appear on the ballot and ordered the Ballot Commission to remove his name as a candidate for the Jefferson County Commission from the Harpers Ferry Magisterial District.
The following morning (Friday, September 11), attorney Daniel Casto filed a notice of appeal and a motion to stay the order issued by Circuit Court Judge Bridget Cohee. The notice of appeal asserted that the “Circuit Court erred as a matter of law in permitting Cline to prosecute a petition filed more than eighty days after the deadline” set forth in the relevant West Virginia code.
At 2:39 pm on Friday, Judge Cohee issued an order denying the motion to stay and directing the Jefferson County Ballot Commission to proceed with the order to omit David Tabb from the ballot. In the order denying the motion to stay, Judge Cohee reiterated the Court’s finding that “David C. Tabb does not qualify as a candidate in the Harpers Ferry Magisterial District. Mr. Tabb resides in the Charles Town Magisterial District. He has filed documents under oath in 2022 and 2024 asserting that he resides in the Charles Town Magisterial District. Further delay of implementation of the Court Order to omit Mr. Tabb from the ballot will have [a] serious resulting loss of absentee voters being able to vote in the election.”
Absentee Voting Open Now — Don’t Wait
Nikki Painter, Jefferson County’s Chief Deputy Clerk says that absentee ballots can be returned starting on September 18 and continuing through Election Day on November 3.
Absentee ballots must be postmarked by November 3 to be accepted. Painter strongly recommends getting a postmark stamp at the USPS counter rather than just dropping ballots in the mail.
The deadline for requesting an absentee ballot is October 28. To avoid missing the deadline due to mail delivery issues, Painter recommends submitting your request by October 14 to allow time for the Clerk’s office to send you the ballot and the ballot to be returned.
Transmission Line Town Hall (Sep 22) — The Jefferson County Commission will hold a town hall to hear residents’ concerns about the Valley Link Transmission Line project. The event will take place on Tuesday, September 22, from 6 to 8 pm at the Jefferson County Government Center (393 North Lawrence St, Charles Town). Comments can also be sent via email to info@JeffCoWV.gov. The event will be streamed live on the Jefferson County Commission YouTube page.
CTUB Meeting (Sep 24 – location change) — The Charles Town Utility Board (CTUB) will hold a regular meeting on Wednesday, September 24 starting at 4:00 pm. The meeting location has been changed to the Jefferson County Government Center (393 North Lawrence St, Charles Town). The agenda will include discussion of the Sidewinder construction stormwater permit, along with other matters scheduled for consideration by the Utility Board.
Community Blood Drive (Sep 24) — The Jefferson County Emergency Services Agency will be conducting a blood drive on Thursday, September 24, from 1 to 6 pm. The event will be at the Jefferson County Government Center (393 North Lawrence St, Charles Town). To schedule an appointment, you can use the online form (click here) or call 866-256-6372. Participants should bring a photo ID and allow approximately one hour for the donation process.
PSC Accepts Comment on Valley Link — The West Virginia Public Service Commission (PSC) has enabled a comment form for the Valley Link project. The formal case request is not expected to be filed until 2027, but the PSC is allowing people to file comments in advance. The PSC uses a structured comment system. To send a comment you will first need to complete the request form (click here). You will then receive an email with a link. After you click that link, scroll down the web page and enter “FP Valley Link 26A” as the case number in the “search by case number” box, then follow the instructions to enter your comment.
Roundabout Construction at Route 9 & Route 287 — Loudoun County is constructing a new roundabout at the intersection of Route 9 and Berlin Turnpike (Route 287) just east of Hillsboro. According to an update posted by the Town of Lovettsville, there will be a significant change in the traffic pattern starting on September 17. >>>Details & updates…
Volunteers For Trail Cleanup at Nature Preserves — The Potomac Valley Audubon Society invites volunteers to help clean and maintain the trails at its nature preserves in the Eastern Panhandle. The worksessions are appropriate for ages 16 and up, but younger children can participate if they are supervised by an accompanying adult. Upcoming events at Stauffer’s Marsh (Sep 22, 4 pm), Cool Springs (Sep 23, 10 am), Yankauer (Sep 25, 10 am). >>>Learn more…
Frank C. Fischer Veterans Fund Grant Application (Oct 5 deadline) — The Eastern West Virginia Community Foundation is accepting applications for this grant program until October 5. Organizations with veteran-focused programs serving Berkeley, Hampshire, Hardy, Jefferson, and/or Morgan Counties are eligible to apply. The maximum grant award is $2000. >>>Learn more…
A message from WVU Medicine
The Future is Here!
WVU Medicine is bringing advanced specialty care, new services, and major investments directly to the Eastern Panhandle region. Advancements are underway to ambulatory services, cancer care, and more at WVU Medicine Jefferson Medical Center as part of a major $260 million investment to expand healthcare access in the Eastern Panhandle. Learn more about our new services and providers at WVUMedicine.org/FutureisHere, or follow us on social media.
The 2026 Berkeley County Farm Crawl will take place on Saturday September 19 and Sunday September 20. The Farm Crawl is self-guided and includes working farms, farm stands, and agricultural-related businesses in Berkeley County. The working farm stops include:
Bales and Moo Petting Zoo (5183 Shepherdstown Road, Martinsburg)
Black Draft Family Farm and Distillery (2878 Dry Run Road, Martinsburg)
Gordon Brothers Farm (3636 Middleway Pike, Bunker Hill)
L. Norman Dillon Farm Museum (3083 Ridge Road S., Martinsburg)
Schildt Family Farm (852 Broad Lane, Falling Waters)
The 2026 event includes 19 locations. Extension Office has a brochure with a complete list and locator map (click here) showing all of the participating locations.
Know Before You Go
The Extension Office has some tips on how to enjoy this event:
Some stops may not have restrooms, or may be far from each other.
Make sure you have some cash on hand. While some stops accept cards and tap-to-pay functionality, some stops are cash only.
Leave your pets at home! For the safety of the animals on working farms and other guests “crawling” with you, please leave your pets at home.
Arts, Culture & Community Events
Dancers at Bavarian Inn 2025 Oktoberfest
Highlights of upcoming events around Jefferson County:
Antietam Battle Anniversary Commemoration — The Battle of Antietam will be commemorated with tours, hikes, talks, living history programs, weapons-firing demonstrations, wet plate photography demonstrations, and Civil War medicine programs. Antietam National Battlefield, Sharpsburg. Thursday, September 17–Sunday, September 20. $ Tickets & Info…
“Legendary” Book Sale — The Shepherdstown Community Club’s annual used book sale. War Memorial Building, 102 East German St, Shepherdstown. Friday, September 18–Sunday, September 27, 10 am-6 pm. Free. Info…
Appalachian Queer Film Festival — A film festival with a variety of short and feature films made by and featuring LGBTQ filmmakers and topics. Frank Arts Center, 260 University Dr, Shepherdstown. Friday, September 18–Saturday, September 19. $ Tickets & Info…
Pawpaw and Spicebush Foraging Workshop — Learn about foraging for pawpaw and other edible plants. Yankauer Nature Preserve, 438 Whitings Neck Road, Martinsburg. Friday, September 18, 5 pm. $ Tickets & Info…
Film: Buena Vista Social Club — Director Wim Wenders' 1999 documentary follows guitarist Ry Cooder as he brings together a group of largely forgotten Cuban musicians in Havana to record an album, culminating in triumphant concerts in Amsterdam and at New York's Carnegie Hall. Shepherdstown Opera House, 131 West German St, Shepherdstown. Friday, September 18, 7 pm. $ Tickets & Info…
Berkeley County Farm Crawl — Over 15 participating agricultural operations are included in this weekend’s family-friendly second annual farm crawl in Berkeley County. Saturday, September 19–Sunday, September 20. Free. Info…
Blue Goose Art Festival — 20 local artisans showcasing products for sale. Part of the Berkeley County Farm Crawl. 7278 Hedgesville Rd, Hedgesville. Saturday, September 19, 10 am - 4 pm. Info…
Bluemont Fair — Annual community fair featuring arts, crafts, food and entertainment. 33846 Snickersville Turnpike, Bluemont VA. Saturday, September 19–Sunday, September 20, 10 am-5 pm. $ Tickets & Info…
Fort Collier Open House — Tours of the grounds and Stine House museum, plus a living history encampment. Saturday September 19 and Sunday September 20. 922 Martinsburg Pike, Winchester VA. Info…
Constitution Day Parade — In honor of Constitution Day, a short parade on German Street (from Church to King Streets) in Shepherdstown, followed by a community reading of the entire U.S. Constitution. Downtown Shepherdstown. Saturday, September 19, 10 am-11:30 pm. Free. Info…
Shepherdstown Big Read Kickoff — Snacks, music, and freebies at this all-ages event that kicks off a new community reading program from Shepherd University. Shepherdstown Public Library, 145 Higbee Ln, Shepherdstown. Saturday, September 19, 1-4 pm. Free. Info…
Film: Mr. Smith Goes To Washington — Frank Capra's 1939 classic stars James Stewart as a naive, newly appointed U.S. senator who takes on government corruption — the film that made Stewart a star, and one of the first 25 films preserved by the Library of Congress in the National Film Registry. Shepherdstown Opera House, 131 West German St, Shepherdstown. Saturday, September 19, 3 pm. Pay-What-You-Can. Tickets & Info…
Four Seasons Books Turns 35 — A celebration of the 35th anniversary of Shepherdstown's book store with snacks and drinks and information about new programs. 114 West German St, Shepherdstown. Saturday, September 19, 6 pm. Free. Info…
Oktoberfest — An Oktoberfest celebration hosted by the Bavarian Inn with free parking in Shepherd University lots and shuttle service. Bavarian Inn, 164 Shepherd Grade Rd, Shepherdstown. Sunday, September 20, 11 am-5 pm. $ Tickets & Info…
Town Run Ducky Race — An event featuring ducks raced in the Town Run, with proceeds supporting the Town Run Watershed. Want to race? Ducks can be purchased in advance at participating retailers. Race takes place in the Jefferson Security Bank parking lot behind the U.S. Post Office, Shepherdstown. Sunday, September 20, 3-4:30 pm. Free to watch. Info…
Potomac Mills Cement Mill in the Civil War — A presentation by the Shepherdstown Battlefield Preservation Association on the history of the Shepherdstown Cement Mill. The Mill was once the largest natural cement mill of its era whose hydraulic cement built the C&O Canal and the Washington Monument, and it later became a site in the Battle of Shepherdstown. Shepherdstown Opera House, 131 West German St, Shepherdstown. Sunday, September 20, 3 pm. Free. Info…
Sacred Steps: Why We Still Walk The World's Holy Paths — A Spark Lecture Series presentation by Shepherd University Life Long Learning. Drawing on firsthand experiences from the Camino de Santiago, Japan’s Kumano Kodo and Shikoku pilgrimages, and the Inca Trail to Machu Picchu, this lecture will explore the modern evolution of the sacred walk. Byrd Center Auditorium, 213 North King St, Shepherdstown. Monday, September 21, 1-2:30 pm. $ Registration required. Tickets & Info…
Hoppy Kercheval on Politics, Trust, and the American Public — Continuing the tradition started by his predecessor, Shepherd University President Cameron “Cam” Wesson will host a series of President’s Lectures. The first will feature prominent West Virginia journalist Hoppy Kercheval who will discuss public trust in politics and governing institutions. Byrd Center Auditorium, 213 North King St, Shepherdstown. Tuesday, September 22, 6:30 pm. Free. Info…
Jazz: Tribute to Sonny Rollins — The Shepherd University Music School’s jazz faculty pays tribute to the great saxaphonist Sonny Rollins. Frank Arts Center, 260 University Drive, Shepherdstown. Tuesday, September 22, 7:30 pm. Free. Info…
Wee Naturalists at Yankauer: Monarch Migration — Learn all about the monarch butterfly in this program for ages three to five and their families. Yankauer Nature Preserve, 438 Whitings Neck Road, Martinsburg. Wednesday, September 23, 9:30 am-2:30 pm. $ Tickets & Info…
The Iconic Hill Top In Harpers Ferry and Its Enterprising Founders — A Spark Lecture Series presentation by Shepherd University Life Long Learning featuring local author Lynn Pechuekonis. Byrd Center Auditorium, 213 North King St, Shepherdstown. Wednesday, September 23, 1-2:30 pm. Registration required. $ Tickets & Info…
Adult Writers Club — A meeting of the Adult Writers Club at the Charles Town Library, Charles Town. Thursday, September 24, 3 pm. Free. Info…
Friends of NCTC Lecture — Johns Hopkins Institute for Planetary Health will present “Evening Grand Rounds: The Health of A Person, A Place, & A Planet.” National Conservation Training Center, 698 Conservation Way, Shepherdstown. Thursday, September 24, 7-8 pm. Free. Info…
Ongoing
St. Isidore Market — Weekly market featuring local produce, baked goods and artisan products. St. James Church, 49 Crosswinds Dr, Charles Town. Thursdays, year-round, 5-6:30 pm. Info…
Historic Shepherdstown Museum — The museum is open for its 2026 season for visitors to explore exhibits on local history and heritage. Historic Shepherdstown Museum, 129 East German St, Shepherdstown. Saturdays, 11 am-5 pm and Sundays, 1-4 pm. Admission by donation ($5 suggested). Info…
Charles Town Farmers Market — Weekly open-air farmers market featuring local produce, baked goods and artisan vendors. South Samuel St between Washington St and Congress St, Charles Town. Saturdays, 9 am-noon. Info…
Martinsburg Farmers Market — Seasonal farmers market featuring local produce, meats, baked goods and crafts. 125 West King St, Martinsburg. Saturdays, April-October, 10 am-2 pm. Info…
Shepherdstown Farmers Market — Weekly farmers market featuring local produce, meats, baked goods and artisan products. Behind the Market House, 100 South King St, Shepherdstown. Sundays, April-December, 9 am-1 pm. Info…
Women's Ride on the C&O Canal — A group bicycle ride on the C&O Canal. Shepherdstown. Wednesdays, 5:30-7:30 pm. Free. Info…
Spotlight — Constitution Day Parade and More in Shepherdstown
2025 Constitution Day Parade in Shepherdstown
Shepherdstown's second annual Constitution Day Parade steps off at 10:00 am on Saturday, September 19, with additional programming planned around it, according to lead organizer Mark Kohut.
Constitution Day commemorates the signing of the United States Constitution in Philadelphia on September 17, 1787. The federal observance has a direct West Virginia connection: the late Sen. Robert C. Byrd sponsored the 2004 legislation designating September 17 as Constitution Day.
Shepherd University's Robert C. Byrd Center for Congressional History and Education has hosted an annual Constitution Day lecture since 2005 (this year’s lecture took place on September 16).
The parade is expected to follow the same route and format as last year's. Marchers are asked to arrive at 9:30 a.m. at the corner of Church and German streets, where they'll be given oversized placards bearing words from the Constitution. The parade follows a winding route down German Street to Town Hall, where participants will gather to read the entire document.
Every week, The Observer digs into the details that matter in Jefferson County. Our content is free for everyone to read, but producing well-researched local news isn’t free.
