Virginia's Freedom of Information Act (FOIA) is not rocket science, yet maybe a visit for more "training" by Maxwell Smart would help.
Example: As has been done for numerous years, the county Board of Supervisors is hosting a legislative meeting Wednesday, Nov. 18 at 6 pm. This is typically attended by a majority of elected officials from both the towns and the school board, most of whom have already planned and published their fiscal year 2010-11 budget preparation schedules and meeting dates -- but not Christiansburg.
This legislative meeting is held after November elections and before state legislators head back to Richmond to work on the state's budget. So tonight Ralph Smith, John S. Edwards, Dave Nutter and James Shuler will be present to hear the priorities of these local government bodies, who also represent a large number of shared constituents. And guess what? This is a public meeting, yet only Montgomery County gave notice. Not being the "host" isn't a valid excuse for failing to notify the public who should be aware they can attend and listen to the dialog. Here's another "guess what" -- the dialog can be expected to echo precisely what these state officials have heard for the past five to 10 years, especially as regards transportation funding needs. And what they will hear back from the state officials is exactly the same as before: "Gonna be a tough year. Especially as regards any transportation funding. You're singing to the choir." (That was the message, before the economy tanked.)
Example: Notice of public meetings shall be made a minimum of three working days beforehand. In Christiansburg, some of these notices are sent out so far ahead as to be lost, yet they are stated as seeking input for agenda items. But these same commissions might not maintain meeting minutes, so never seeing a history of a final agenda or what was discussed can leave citizens wondering what business was conducted. FOIA also states "at least one copy of all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting shall be made available for public inspection at the same time such documents are furnished to the members of the public body." That doesn't happen and simply isn't done.
There are also clear indications that "informal" meetings are conducted (via telephonic, video, electronic or other communication means where the members are not physically assembled) to discuss and transact public business because members mention discussions and documents which have not been made public (at the meetings or posted on web sites). Once something is created on a computer and sent out via hardcopy or email, it's too easy to also post it on the web site. Click, click -- nothing new, already exists.
Example: While the above examples are ignored by the Roanoke Times editorial staff, they were all over the MCPS superintendent search. Whining that a promise had been broken to conduct this selection in an open manner, the editorial jumped the gun. First, FOIA allows but does not require personnel issues to be addressed in closed session. Second, where's the screaming about appointments to random and sundry boards and commissions being held behind closed doors, even when these are not actually personnel matters (personnel being defined as an employee, versus someone appointed and serving at-will)? Third, where was the righteous indignation when Roanoke County hired Montgomery's administrator away, his replacement here, or in the search for Roanoke's new city manager?
Finally, the MCPS school board has not yet broken a promise -- and thus far is following the same process it used during the previous search. Consultant helps define community's and board's desired candidate profile, advertises it and collects responses. Responses are given preliminary vetting and a recommended short list is given to the board. The board uses this information to determine who will be interviewed. Once this is done and a short list of viable candidates is developed, the candidates are invited to the community to visit staff, facilities and community members. When the criteria for such a position is quite specialized (and there are seven applicants for every average job due to the economy), why should all applicants risk possible negative responses for being interested in a new opportunity or being recruited because the consultants saw them as being a good fit? Taking a swipe at a former VCOG president in the editorial was a cheap shot, and premature.
As with anything else in life, these little examples show us there is often room for improvement.