Entry 136 of 1039
By Think! Christiansburg On June 3, 2008 at 1:10 AM

As regular readers of this blog and the "local paper" now know, the Christiansburg Town Council and administration have played hooky when it came to following Freedom of Information Act requirements.  A "training session" has been scheduled to follow tonight's regular council meeting on a law that was put in place 40 years ago

Elected officials, and the personnel they appoint or hire, are not permitted to elect which rules they will follow or can choose to ignore.  

FOIA information is widely and easily available, and generally is to be provided to officials annually -- lest they forget, or need to brush up on the details.  

This law covers such matters as publishing when and where public meetings will be held.  It clearly defines "meetings" and how contracts should be bid on and awarded.  It is clear on when a "closed meeting" may be called, and what can be discussed in those meetings, while requiring and ensuring public information is accessible to citizens. 

Two important items to note here -- just because they can doesn't mean they have to, or should, discuss all matters allowed in closed session.  Such as committee appointments.  Not all contract negotiations would be harmed if discussed in open session.  Another very important item is that closed session allows discussion, not taking any action. 

After returning to open session and certifying it, any action that results from discussions requires that a motion is made, receives a second to that motion, any related discussion is held and a vote taken.  In a closed session, an action can be a show of hands or nodding of heads or delegating authority to act on the matter being discussed.  These actions are to be taken in open session, per FOIA, not in closed session.  

Not knowing or understanding is one thing.  Learning the meaning and intent is another thing.  Failing to apply or even embrace this law (rather than tolerate its existence), should be viewed as a violation of the town's recently adopted Code of Ethics, and a disservice to citizens.  

So grab some coffee and your bookbags and come to the FOIA "training" session tonight at Town Hall, following council's regular meeting which begins at 7:30 pm.  And then get out your red pens and be ready to grade the town administrators on actions and results.