Unfortunately, our society requires a Freedom of Information Act to ensure citizens have access to government activities. These activities are supposedly in the best interests of the majority, with good intentions. Unfortunate because, as we are a democracy, this should be a non-starter and open government as common as fresh air or fresh water.
Natural resources like fresh air and water need protection, and so does open government. Thus, organizations like the Virginia Coalition for Open Government (VCOG) exist.
Christiansburg leaders, and many other bureaucrats, have a long standing policy of thinking they are above the law, above the rules, and above the people. Inquisitive minds are often labeled as troublemakers by these officials rather than good stewards of the public trust.
Christiansburg's policy of shutting out the public range from not providing adequate notice of public meetings, ineffective efforts at engaging and informing residents (including not providing public documents at meetings), tabling citizen requests, to outright assaults against citizens.
This unnecessary dance to exclude citizens continues more than two years after Mayor Ballengee and Town Council were busted for not complying with FOIA. At that time, the Mayor stated "Council had never intentionally, deliberately or blatantly defied FOIA laws." If this is true, then certainly it points to better legal advice being required. By people who see the law as a non-starter, rather than a nuisance.
So (technicalities aside), the Town Attorney was off the mark in saying while the public could attend meetings, Council wasn't accountable for ensuring everyone could hear.
Town Council members and Mr. Mayor and administrators: If you are sincere in meeting the letter and intent of our laws and providing open government, why the games?
According to VCOG's Executive Director, Megan Rhyne, what FOIA says in beginning its policy statement is "The provisions of this chapter shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government."
Reasonable people may then conclude this means being able to hear what officials are saying. Everyone should be made aware that the State Legislature probably disagrees with the Town Attorney's advice. Last year, at least two localities were holding meetings in locations that didn't allow records. The legislature unanimously approved a bill emphasizing that, along with the right to record a meeting, there is a specific prohibition against the public body holding a meeting in such a setting. Reasonable people may then conclude the legislature doesn't seem to take kindly to attempts to manipulate the law or situations in a way to thwart public participation in the democratic process.
There's enough real work to get done without playing these games and creating artificial emergencies and barriers to representing the best interests of Christiansburg and its residents.