The Christiansburg Town Council meeting Feb. 3rd was standing room only. The majority of those attending seemed to be evenly split between people who make a living in the housing industry (but who are not residents of the town), and those who had already invested in purchasing homes and were living in the impacted area, specifically Sage Lane. The root of the problem appears to be relative to a request to allow rezoning for a new subdivsion having a single entrance/egress through an existing neighborhood. To gauge the Joint Public Hearing turn out, suffice it to say now that the meeting started at 7:35 pm and all speakers had aired their viewpoints by 9:30 pm. More on this later.
Closer to 11 pm (the mandatory time for all council meetings to conclude per the obsolete Town Charter -- more on that later, too), the agenda included "the Formation of Financial Director position." Note a search on the town's renovated website for "Town Charter" didn't provide a link to this document.
This item was a follow up requested by Council member Henry Showalter, in response to comments made during the auditors report (an annual requirement per State Code).
Council member Ann Carter stated the auditor's recommendation was actually for two positions, without noting whether this would include the current treasurer's position and a new position or two new, additional positions. She did note that Christiansburg is unique in that it remains one of the few localities where council appoints this position and Ernie Wade stated the auditor's report had brought it up twice now. He said having someone capable of preparing financial analysis and profit and loss statements is needed, as well as assisting the Assistant Town Manager in generating reports and developing fiscal year budgets.
Carter stated the Finance Committee, comprised of herself, Mike Barber, the Mayor, Town Manager and Assistant Town manager wanted to meet with the town's attorney and the auditor, and then come back to the full council with a recommendation, preferably before the new fiscal budget is adopted.
Council member Mike Barber then noted this committee would be meeting today -- Wednesday, Feb. 4th -- in a closed session because it was a personnel matter. He didn't indicate the time or location of the meeting, and it wasn't posted the minimum three days in advance on the public meeting boards or the renovated town website.
Back in June when a "FOIA training session" was conducted after a regular council meeting -- even though citizens were assured all new administrators or council appointees received this information, and as required by law, it was redistributed each January -- it was apparent Virginia's FOIA allows (but does not require) certain limited exceptions to public meetings. The intent to hold a meeting in order to go into a closed meeting is still a public meeting, and should receive the same notifications as all other public meetings.
According to the Virginia Coalition for Open Government (VCOG), a common exemption to conducting public meetings includes discussion of personnel records. Since the Financial Director(s) position doesn't exist, one wonders what personnel records exist. Personnel records generally indicate a specific individual or job classification will be discussed. According to VCOG:
"Before the public can attend a meeting, it has to know about it. FOIA requires the government to post notice of an upcoming meeting in two prominent location where other public notices are kept. Usually notice is also posted in the local newspaper and on the government’s Web site, if it has one. The notice must be given at least three working days before the meeting, and it must state the date, time and location of the meeting. If there is an agenda, at least one copy of it must be made available to the public at the same time the members of the public body get it. You may request that the public body send you notice of every upcoming meeting. The government has some flexibility for notice, however, when there’s a special or emergency meeting, but at least some kind of notice must still be given. (§2.2-3707)"
State Code further addresses closed session relating to personnel items:
"§ 2.2-3705.1. Exclusions to application of chapter; exclusions of general application to public bodies.
The following records are excluded from the provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law:
1. Personnel records containing information concerning identifiable individuals, except that access shall not be denied to the person who is the subject thereof. Any person who is the subject of any personnel record and who is 18 years of age or older may waive, in writing, the protections afforded by this subdivision. If the protections are so waived, the public body shall open such records for inspection and copying."
Further, in part, State Code dictates:
"§2 .2-3712. Closed meetings procedures; certification of proceedings.
A. No closed meeting shall be held unless the public body proposing to convene such meeting has taken an affirmative recorded vote in an open meeting approving a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting and (iii) makes specific reference to the applicable exemption from open meeting requirements provided in § 2.2-3707 or subsection A of § 2.2-3711. The matters contained in such motion shall be set forth in detail in the minutes of the open meeting. A general reference to the provisions of this chapter, the authorized exemptions from open meeting requirements, or the subject matter of the closed meeting shall not be sufficient to satisfy the requirements for holding a closed meeting.
B. The notice provisions of this chapter shall not apply to closed meetings of any public body held solely for the purpose of interviewing candidates for the position of chief administrative officer. Prior to any such closed meeting for the purpose of interviewing candidates, the public body shall announce in an open meeting that such closed meeting shall be held at a disclosed or undisclosed location within fifteen days thereafter.
C. The public body holding a closed meeting shall restrict its discussion during the closed meeting only to those matters specifically exempted from the provisions of this chapter and identified in the motion required by subsection A.
D. At the conclusion of any closed meeting, the public body holding such meeting shall immediately reconvene in an open meeting and shall take a roll call or other recorded vote to be included in the minutes of that body, certifying that to the best of each member's knowledge (i) only public business matters lawfully exempted from open meeting requirements under this chapter and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body."
Another closed meeting was recently canceled, yet could have proceeded if it had a valid proprietary or negotiating position even though notice (the stated agenda) was for the purpose of calling a closed meeting. Since then, silence on that business item.
Think about why it seems so difficult for council to grasp the intent of FOIA, and follow its purpose.