Loading...
HomeMy WebLinkAbout1/14/2025 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, January 7, 2025 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM AND CITIZEN GUIDELINES B. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE TO THE U.S. FLAG C. COMMUNITY EVENTS/ANNOUNCEMENTS/COUNCIL ACTIVITIES D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS E. INVESTITURE SERVICE 1. Town Clerk administers Oath of Office to: a. Re-elected Council Member Laurie J. Mullins b. Re-elected Council Member Keith N. Liles c. Re-elected Mayor Bradley E. Grose 2. Mayor calls for nominations for Vice Mayor a. Town Clerk administers Oath of Office to Vice Mayor F. APPOINTMENTS 1. Council-appointed Officers a. Richard W. Peters, Jr., Town Manager b. Antonia Arias-Magallon, Town Clerk c. Andrew Keen, Treasurer d. Fabricio Drumond, Chief of Police e. Jeremy Carroll, Town Attorney 2. Council-appointed Committees a. Community Development Committee b. Finance Committee c. Public Works Committee Bradley E. Grose, Mayor Michael W. Stovall, Council Member Keith N. Liles, Council Member Sabrina M. McCarty, Council Member Laurie J. Mullins, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 G. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Meeting of December 3, 2024 H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda I. REPORTS FROM COMMITTEES 1. Community Development Committee – Nathan McClung J. ITEMS REQUIRING ACTION 1. Consider the adoption of a Resolution revising the procedures for the Citizens' Comments and Petitions section at regular Town Council meetings. – Town Clerk K. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES 1. Board of Zoning Appeals – Town Clerk 2. Planning Commission – Town Clerk L. TOWN ATTORNEY M. TOWN MANAGER’S PROJECT UPDATES/COMMENTS N. COUNCIL AND MAYOR O. WORK SESSION 1. Biennial FOIA Training for Town Council and Town FOIA Officer – Jeremy Carroll P. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS AND TOWN EVENTS: January 15, 2025 – 9:00 a.m. – Public Works Committee Meeting – PW Conference Room January 20, 2025 – Town Offices Closed in Observance of Martin Luther King Jr. Day January 21, 2025 – 3:00 p.m. – Finance Committee Meeting – TOV Annex January 21, 2025 – 6:00 p.m. – Regular Council Meeting – Council Chambers Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date January 14, 2025 Department Council Issue Appointments of Council-appointed Officers: a.Richard W. Peters, Jr., Town Manager b. Antonia Arias-Magallon, Town Clerk c. Andrew Keen, Treasurer d. Fabricio Drumond, Chief of Police e.Jeremy Carroll, Town Attorney Summary Council needs to appoint the five Council-appointed Officers. The Council-appointed Officers terms will end on December 31, 2026. Attachments None Recommendations Resolution to approve appointments of Council-appointed Officers Town Council Agenda Summary Meeting Date January 14, 2025 Department Council Issue Appointments to Council-appointed Committees a.Community Development Committee b.Finance Committee c.Public Works Committee Summary Council needs to make appointments to the Council-appointed Committees. Attachments Boards and Commissions Booklet Summary Page – Council Committees Recommendations Resolution to approve appointments to Council-appointed Committees Town Council Agenda Summary Meeting Date January 14, 2025 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of December 3, 2024 Attachments December 3, 2024 minutes Recommendations Resolution to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, DECEMBER 3, 2024, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Michael W. Stovall, Vice Mayor Keith N. Liles Sabrina M. McCarty Laurie J. Mullins STAFF PRESENT: Richard Peters, Town Manager Cody Sexton, Deputy Town Manager Fabricio Drumond, Police Chief Marshall Stanley, Economic Development Specialist Jeremy Carroll, Town Attorney The Mayor called the Work Session to order at 5:15 p.m. Mr. Sexton commented that Town Staff met with the City of Roanoke 2024. The City of Roanoke has been looking at redesigning Gus Nicks Boulevard. The City of Roanoke has moved up its pavement schedule for Gus Nicks Boulevard. The plan is to repave the entire length of Gus Nicks Boulevard sometime in the spring or early summer. The Town had plans for the Since the City is working on redesigning many of its streets, the Town found it beneficial for the City to redesign Gus Nicks Boulevard as well, to which patterns. The Town will also reimburse the City for the cost of the milling, paving, and striping for the Town’s portion of Gus Nicks Boulevard. Mr. Sexton reviewed a PowerPoint that showcased the project and designs of the street. design would turn the four lanes into three lanes with the middle lane being a left turn lane. There would also be a multimodal mobility track along the south side of the entire length of the road. Council expressed appreciation for the work being done to redevelop Gus Nicks Boulevard. The Work Session adjourned at 5:46 p.m. 2 Mayor Grose called the meeting to order at 6:00 p.m. Marshall Stanley Council Member Liles, Council Member McCarty, Council Member Mullins, Vice Mayor Stovall, and Mayor Grose present. After a Moment of Silence, Debbie Adams, representative of the Vinton Messenger, led the Pledge of Allegiance to the U.S. Flag. announcements, and Council Activities, Council Member McCarty announced the following: December 5 – Tree Lighting at 6 p.m. and the Christmas Parade at 7 p.m.; December 10 – Santa Crawl starts at 5 p.m. from the Vinton War Memorial; December 24 and 25 – Town Offices Closed in observance of Christmas; and January 1 – New Year. Council Member McCarty to visit the entertainment venues social media and website for more information. Council Member Mullins following Council activities: November 20 – Mayor Grose helped lead a tour for the Boys and Girls Club. Council Member Liles made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member Mullins and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None. October 15, 2024, and regular meeting schedule for calendar year 2025. Under awards, introductions, presentations, and proclamations, Sexton presented the Certificate of Distinguished 2024 – 2025, which was awarded to the Town. This is the ninth year that the Town has received the award. Council expressed appreciation for all those who work hard on the budget. Under citizen comments and petitions, Joe Whiting, resident at 2511 Mountain Valley Road, Vinton, Virginia 24179 gave a prayer for the Council. 3 Under items requiring action under the agenda, there was a motion to consider the adoption of a Resolution protect communities from their predatory nature. Town Manager Peters commented that this stricter enforcement measures. The Resolution will be sent to communicate the Town's stance. Chief Drumond commented that proactively worked with the Commonwealth’s Attorney. Letters of the recent change regarding are challenges with so arguing whether it is a skill game that they have in their business. Vice Mayor Stovall made a motion to approve Resolution urging the Virginia General Assembly to uphold the ban on “skill” gaming machines to enforce measures that protect communities from their predatory nature; the motion was seconded by Council Member Mullins Vote 5-0; Yeas (5) – Liles, Stovall, Grose; Nays (0) – None. Approved Resolution No. 2621 urging the Virginia General Assembly to uphold the ban on “skill” protect communities from their predatory nature. Town Manager Peters wished Council Merry holiday events. Vinton businesses, staff, Town events wished staff a Merry Christmas. The next item on the agenda was a request to convene in a Closed Meeting, Pursuant to § 2.2- 3711 (A) (1) of the 1950 Code of performance of the Police Chief. The Council Convened in closed session at 6:25 p.m. 4 the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on a motion by Council Member Liles; seconded by Vice Mayor Stovall and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Stovall, Grose; Nays (0) – None. Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Council Member Mullins following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date January 14, 2025 Department Planning and Zoning Issue Community Development Committee Summary The Community Development Committee met on December 18, 2024. Mr. McClung will provide a report on the items discussed at the Committee Meeting. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date January 14, 2025 Department Administration Issue Consider the adoption of a Resolution revising the procedures for the Citizens' Comments and Petitions section at regular Town Council meetings. Summary The updated guidelines introduce clear rules for citizen participation during Town Council meetings, including the following key points: •Citizens must submit a speaking request to the Town Clerk by 12:00 PM on the Monday before the meeting. •Speaking topics must align with the original request. •A three-month restriction applies for repeating topics unless new developments are presented. •Public hearing-related comments are confined to the specific hearing period. •Each speaker will have three (3) minutes, with adjustments based on participation numbers. These changes aim to foster efficient and respectful dialogue while ensuring compliance with state law. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JANUARY 14, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. A RESOLUTION TO APPROVE UPDATED GUIDELINES FOR CITIZEN COMMENTS AT TOWN OF VINTON COUNCIL MEETINGS WHEREAS, the Town of Vinton strives to promote transparent and effective communication between citizens and the Town Council; and WHEREAS, the existing procedures for the Citizens' Comments and Petitions section during regular Town Council meetings require updates to ensure clarity, fairness, and adherence to legal requirements under Virginia Code § 15.2-1416D; and WHEREAS, the proposed guidelines will enhance citizen participation, maintain orderly proceedings, and outline clear expectations for all participants. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vinton, Virginia, that the updated guidelines for the Citizens' Comments and Petitions section, as outlined in the attached document, are hereby adopted and will become effective immediately upon approval. This Resolution was adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _______________________________________ Antonia Arias-Magallon, Town Clerk Vinton Town Council Public Participation Guidelines REGULAR MEETING SCHEDULE First and Third Tuesday of each month at 6:00 p.m. Citizen Participation: All citizens who wish to speak during the Citizens' Comments and Petitions portion of a regular Town Council meeting must submit a notice to the Town Clerk by Noon, the Monday prior to the meeting. Confirmation of receipt of the notice will be provided. For good cause, the Mayor may allow a citizen to speak during the public comment period even if the required notice was not submitted. Eligibility: All citizens are eligible to speak at the meeting. Agenda Items: The Mayor will recognize citizens addressing topics not listed on the agenda. Speakers must adhere to the subject stated in their original request. Repeat Comments: Citizens who have previously spoken on a subject during the Citizens' Comments period or a public hearing may not address the Council on the same topic again for three months, per Virginia Code § 15.2- 1416D. Exceptions may apply if substantial new information or developments have occurred since the initial discussion, as determined by the Council or Town Clerk. Public Hearings: Comments specific to advertised public hearings may be made during the respective agenda item. Citizens may not discuss issues related to upcoming public hearings or hearings that have already concluded. Speaking Rules: •Speakers must provide their name, address, subject, and note any affiliations (e.g., firm or group). •Comments are limited to three (3) minutes. If more than five individuals wish to speak on an item, a two (2) minute limit will apply, enforced with an electronic timer. •Speakers may not transfer their speaking time to others. Prohibited Conduct: •Campaigning for public office. •Promoting private business ventures. •Engaging in personal attacks or audience debates. •Using profanity or abusive language. •Bringing animals into the Council Chambers. Meeting Notices: Public hearings will be advertised as required by Virginia law and are typically held during regular meetings at 6:00 PM. The Council may schedule special meetings or adjust meeting times with prior notice to the media in compliance with state law. 1 Meeting Date January 14, 2025 Department Council Issue Appointments to Boards/Commissions/Committees Summary Council needs to make appointments for the following: Board of Zoning Appeals Teresa Davis’s term on the Board of Zoning Appeals expires on January 16, 2025. Ms. Davis is interested in being re-appointed. Council needs to re-appoint Teresa Davis to a new five-year term beginning January 17, 2025, and ending January 16, 2030. Planning Commission Bob Benninger’s term on the Planning Commission expires on January 4, 2025. Mr. Benninger is interested in being re-appointed. Council needs to re-appoint Bob Benninger to a new four-year term beginning January 5, 2025, and ending January 4, 2029. Attachments None Recommendations Resolution appoint individuals Town Council Agenda Summary Meeting Date January 14, 2025 Department Town Attorney Issue Briefing on FOIA training for Town Council. Summary As of July 1, 2020, all local elected officials and executive directors and members of each industrial development authority and economic development authority are required to receive FOIA training "within two months after assuming the local elected office and thereafter at least once during each consecutive period of two calendar years commencing with the date on which he last completed a training session." Attachment None Recommendations None Town Council Agenda Summary The Virginia Freedom of Information Act (FOIA) Town of Vinton Town Council, January 14, 2025 Virginia Freedom of Information Act Addresses two main areas of government: Access to Public Records Holding of Public Meetings Purpose By enacting this FOIA, the General Assembly ensures the people of the Commonwealth: 1.ready access to public records in the custody of a public body or its officers and employees, and 2.free entry to meetings of public bodies wherein the business of the people is being conducted. All public records and meetings shall be presumed open, unless an exemption is properly invoked. Va. Code §2.2-3700. Liberal Construction The provisions of this chapter shall be liberally construed: 1.to promote an increased awareness by all persons of governmental activities; and 2.afford every opportunity to citizens to witness the operations of government. Any exemption from public access to records or meetings shall be narrowly construed…. Va. Code §2.2-3700. What is a public record? All public records are presumed to be open unless specifically exempt. Anything written or recorded in any way that relates to the “transaction of public business.” The term “transaction of public business” is not defined in Virginia law. It is a common-sense standard. Emailing each other about church or football is not transaction of public business; emailing each other about local tax rates is. Personal Records The definition of public records includes the personal records of an individual member if they have been prepared or held by the member in the transaction of public business. This includes paper and electronic messages about the business of a public body, sent or received by members of the body. Be Aware Your emails and text messages that pertain to Town or Council business are subject to FOIA. You should use only your official Town email account when communicating regarding Town business so that if you are asked to produce emails the Town’s IT staff can assist you in making sure you produce all emails in response to a request. Do Not Delete Virginia Public Records Act, Virginia Code §§42.1- 76 to 42.1-90.1 By statute you must retain public records, including emails and text messages, for designated periods of time. Library of Virginia has established a public records retention schedule What is a FOIA request? Any time anyone asks a government official for a public record, that’s a FOIA request. They don’t have to make request in writing or use the term “FOIA.” A request must identify the requested records with reasonable specificity. The Town can require the person to give their name and address. The Town may request that a person write down but cannot compel them to do so. Does the Town Have to Respond? The Town must respond even if it has no responsive documents or all known documents are exempt from disclosure. A response is due within five business days. Day 1 is the day after the Town receives the request. If it is received after 5 pm, it counts as having been received the next day. If the response is large or difficult to pull together, the Town can take up to seven more business days by sending a letter that automatically extends the deadline. If the response cannot be completed within the additional seven days, the Town can ask the requester for a further extension. If the requester won’t agree, then the Town can ask the courts for a further extension. Four Permissible Responses 1. The requested records are being provided. 2. The requested records are being entirely withheld. Must identify with reasonable particularity the volume and subject matter of withheld records Must cite to the Code section that authorizes withholding 3. The requested records are being provided in part and withheld in part. Must provide volume, subject matter, and Code section for records being withheld 4. The requested records could not be found or do not exist. Permissible Charges Must have policy addressing current fees and methodology for assessing charges. May charge for actual cost (or a reasonable approximation) of fulfilling the request. May provide means for electronic payment. Before making any search, must notify the requester that there may be a charge for the records, and ask them whether they want a cost estimate before proceeding with the search. If requested, must provide a good faith cost estimate. If the estimated cost is over $200, may request a deposit prior to processing. Can charge for time spent accessing, duplicating, supplying and searching for records. This includes exclusion/redaction review, and it includes cost of materials and salaries of people who do the work. If someone hasn’t paid for a previous FOIA request for at least 30 days, may refuse future FOIA requests until paid. The Role of the FOIA Officer So a citizen asks for a public document… now what? The Town employee who received the request sends it to the designated FOIA Officer. Town must designate and publicly identify FOIA officer on its website and on the website of the Freedom of Information Advisory Council. FOIA Officer contacts relevant staff to pull documents together and estimate cost and time. If an extra seven days or a deposit is needed, FOIA Officer notifies requester of the extension and asks for the deposit. Acts as liaison with Town Attorney for complex issues of interpretation. Determines if any exclusions are applicable. Redacts any documents. Responds to the requester. Common FOIA issues FOIA is liberally construed in favor of disclosure. To withhold a document, the Town must be able to identify an applicable exclusion. Do not have to create records that do not exist. However, if information can be extracted from a database using a standard report, must do so. If part of a document is subject to an exclusion but part is not, the Town must redact the part to be excluded and provide the part that is subject to disclosure. Common FOIA Exclusions Personnel information, except to the subject of the records. Work product or memoranda of legal counsel. Proprietary information or trade secrets provided by an economic development prospect under an NDA. Confidential information related to the negotiation of a public contract where release of info would affect the Town’s bargaining position or negotiating strategy (prior to award). Working papers of the Town Manager (i.e. records prepared for personal use). Memoranda prepared only for use in closed session. Personnel Information Hawkins v. Town of South Hill, 301 Va. 416 (2022). Significantly narrowed scope of exemption “Personnel information” exclusion is limited to “data, facts, or statements” that relate to a specific government employee, which are in the government’s possession and subject to disclosure only because of the employee’s employment, and the disclosure of which “would constitute an unwarranted invasion of personal privacy.” Income and Business Records Provisions of Title 58.1 of State Code prevail over FOIA when there is a conflict. It is a crime for a treasurer to divulge any information acquired in the performance of their duties with respect to the transactions, property including personal property, income or business of any person, firm, or corporation. Exceptions: Public assessment rolls (like the land book); sale price, dimensions, date of construction, or other information customarily put on building permits; real property assessment cards; appraisal working papers, but only to the owner of the real property; delinquent tax lists; and compilations of data that do not tie data to specific individuals. What to do? A treasurer can seek a protective order, either for a FOIA request or a subpoena duces tecum. Bottom Line: FOIA penalties are much less than the criminal penalties provided in Title 58.1 of the State Code. Law Enforcement Records Must provide “criminal incident information” 1. Criminal incident information relating to felony offenses (§ 2.2- 3706.1(B)): a. A general description of the criminal activity reported; b. The date the alleged crime was committed; c. The general location where the alleged crime was committed; d. The identity of the investigating officer or other point of contact; and e. A general description of any injuries or damaged or stolen property. 2. Adult mugshots (§ 2.2-3706(A)(1)) 3. Adult arrestee identity, status of charge and arrest (§ 2.2- 3706(A)(2)) 4. Completed unattended death investigation (§ 2.2-3706(A)(3)) Law Enforcement Records Discretionary releases (§ 2.2-3706(B)) Excluded from mandatory disclosure but may be disclosed in the discretion of the custodian Criminal investigative files, defined as any documents and information, including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence relating to a criminal investigation or prosecution, other than criminal incident information. Incident reports, depending on information, may be disclosed in part and withheld in part CAD reports can often be provided in part, withheld in part. Body camera footage typically is discretionary Law Enforcement Records Prohibited from releasing the identity of any person providing information about a crime or criminal activity under a promise of anonymity (§ 2.2-3706(C)). Even for discretionary releases, cannot provide information that would interfere with an ongoing investigation, would deprive a person of a right to a fair trial, would constitute an unwarranted invasion of privacy, would disclose a confidential source, or would disclose law enforcement techniques. (§ 2.2-3706.1(E)) Noncriminal records must be disclosed, with appropriate redactions (§ 2.2-3706(D)). 911 dispatch records subject to release (§ 2.2-3706(E)). Public Meetings Any time three or more members of a public body (or a quorum, if less) discuss public business simultaneously, it’s a meeting. Committees count, no matter how many members there are Not include gatherings where there is no discussion of public business or candidate forums Must provide notice, take minutes, and hold the meeting open to the public. All meetings are presumed open unless a specific exemption applies. Agendas and agenda packages must be made available to the public simultaneously with providing them to Town Council. Must be in an ADA-accessible space. The public and media need to be allowed in, and may tape or photograph the events. Public Meetings Notice must state date, time and location of meeting. Must post notice at least three days before meeting in three locations: On Town website; In a “prominent location” where notices are regularly posted; and At the Clerk’s or Town Manager’s office. Must provide notice to anyone who has requested it (i.e., media). Reasonable notice must be given of emergency, special, and continued meetings. Provide such notice at the same time it is provided to the members of the public body. Special Notice for Special Meetings Some types of actions require much more than three days’ notice, and require a public hearing: Sell real estate Take land use action (rezoning, comp plan amendment, special exception permit) Adopt tax rate and budget Special periods for many other things (check Virginia code if not sure) What if it isn’t done right? The action never legally happened. Go back to square one. But what really is a Public Meeting? Recently explored in Gloss v. Wheeler, 302 Va. 258 (2023) Definition of “meeting” under VFOIA (Va. Code § 2.2-3701): work sessions . . . as a body or entity, or as an informal assemblage of: (i) as many as three members or; (ii) a quorum, if less than three, of the membership. Exceptions – when gatherings do not constitute meetings under VFOIA: A gathering “where no part of the purpose of such gathering or attendance is the discussion or transaction of public business, and such gathering or attendance was not called or prearranged with any purpose of discussing or transacting any business of the public body”; or A public forum, candidate appearance, or debate, the purpose of which is to inform the electorate and not to transact public business or to hold discussions relating to the transaction of public business (even if the performance of the members is a topic of discussion at the meeting). What happens if it is a meeting under VFOIA? The meeting is subject to open meeting requirements (public notice, provision of agenda and related materials, written minutes, etc.). Gloss v. Wheeler Continued No definition of “public business” under VFOIA. Court therefore seeks to apply its “plain and ordinary” meaning and is guided by the context in which the phrase is used. Court noted the requirement that VFOIA exceptions be construed narrowly and favoring open and transparent government. Hallmarks of “public business” as found by the Court: (1) Must relate to a subject that falls within the purview of that public body So, topics that may constitute public business for one public body (e.g., City Council) may not constitute public business for another (e.g., Economic Development Authority) (2) Cannot merely be something that conceptually could, in the future, come before the public body. Must be something that is before the public body or likely to be in near future. Court’s definition of “public business”: “public business” means “business that is on a public body’s agenda or is likely to come before the public body in the foreseeable future.” Who can speak? A public meeting is a “limited public forum.” That means that the public gets to speak, but only at designated times and places and subject to rules. Citizens’ comment and public hearings are controlled by rules and are largely in the discretion of the Chair. A body may set time limits and the Chair may require peoples’ comments to be germane and not to resort to personal ad hominem attacks, but otherwise, people are allowed to say what they want. Closed Meetings Closed meetings should be the exception, not the rule. You have to identify specifically what you’re going in for. The motion must identify (1) the subject matter for the closed meeting, (2) the purpose of the closed meeting, and (3) the statutory exemption that permits the closed meeting. May only discuss matters specifically exempted and identified in the motion. Town Council may invite non-members to attend and participate. Closed Meetings Some common reasons (Virginia Code § 2.2-3711): Personnel: To discuss specific personnel, where names will be named. Legal Counsel: Consult with legal counsel about a specific legal matter or about litigation. Economic Development: Discuss a previously unannounced economic development project considering locating or expanding in the Town where negotiation is involved and disclosure would adversely affect the Town’s financial interest. Investment of Public Funds: Where competition or bargaining is involved. Contracts: Discuss a public contract when discussion in open session would compromise your bargaining strategy. Acquisition or Sale of Real Estate: Only when discussion in public would compromise your negotiations. No Action in Closed Meeting No action agreed to in a closed meeting shall become effective unless the Council reconvenes in an open meeting and takes a vote. Va. Code § 2.2-3711(B). Certifying a Closed Meeting Every closed meeting must be certified. This means that every member must certify that to the best of that person’s knowledge: Only public business matters lawfully exempted from open meetings requirements under FOIA, and Only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered. Vote is by a roll call. If you believe there has been a departure from FOIA, say it now. Enforcement Enforcement of FOIA is by citizen lawsuit. May be brought in General District Court or Circuit Court. Typically, the only relief available to a petitioner is injunction or mandamus. Petitioner usually gets his or her attorney’s fees, if successful. If the violation was willful and knowing, then the person may have a personal civil penalty of between $500 and $2,000 for a first offense, and between $2,000 and $5,000 for subsequent offenses. An individual who destroys documents to avoid responding to a FOIA will have to pay a personal civil penalty of $100 per record. A public body will be fined an additional $1,000 for willful and knowing violations of closed meeting rules. Electronic Meetings In declared emergency, law permits electronic meeting without quorum being physically assembled in a single location (§ 2.2-3708.2). In absence of a declared emergency, law requires a quorum to be physically present in one location. Individual members may participate by electronic means infrequently , provided there is a written policy and the reason for the remote attendance is permitted under the policy. Electronic Meetings Individual members may participate electronically, if: The Council has adopted a policy permitting it. The Council member either: Has a disability or medical condition that prevents them from attending; Has a family member with a medical condition they must attend to that prevents them from attending or is a caregiver for a family member with a disability; Lives at least 60 miles from the site of the meeting; or The member has a personal matter that prevents their attendance, but this may be done no more than twice a year or 25% of meetings, whichever is greater. The Council member must contact the mayor and state the reasons for remote participation prior to the meeting, and their reasons must be recorded in the minutes. The Council must vote to approve the remote participation. Ongoing Training & Guidance FOIA Officers must have annual training either from their legal counsel or the FOIA Advisory Council. FOIA Advisory Council will respond to questions from citizens and public officials, but will generally not respond to questions that are in, or are close to, litigation. The Town Attorney will advise all Town departments and elected officials, including constitutional officers, upon request. FOIA Officers must be registered with the FOIA Advisory Council. All elected officials must take these courses upon being newly elected and every other year thereafter. QUESTIONS