The closed-door meetings among members of the incoming Fairfax County School Board that excluded Republicans may not have been technically illegal, say open-government advocates, but such sessions violate the spirit of open-government laws.
The appointment of a chairman and vice chairman of the Fairfax County School Board, which will be voted on tonight, was decided beforehand without the input of Republicans, according to board member Judith “Tessie” Wilson, Braddock District Republican.
“The spirit of the open-government laws in the state of Virginia is that important decisions are not made behind closed doors, and important decisions are not set up for vote behind closed doors,” said Paul McMasters, president of the Virginia Coalition for Open Government (VCOG).
Discussions often took place during or after orientation meetings in December for the six newly elected board members, who will join the six incumbents at the first meeting of the year tonight in Falls Church. The lone Republican among the new members, Stephen M. Hunt, was not involved in all the December meetings. Incumbent Catherine A. Belter said she met with the five Democrats to educate them on procedural matters, but that they also asked her about her choice for chairman and vice chairman of the board.
She told them she desired the chairmanship, but said that the board has already decided upon Kathy L. Smith, Sully Democrat, to be chairman.
Technically, the newly elected board members are not subject to Virginia’s sunshine laws, which enforce open government meetings and records, until their terms begin. Sunshine laws prohibit more than two government officials from meeting together to discuss official business.
But Forrest M. “Frosty” Landon, executive director of VCOG, called the pre-term meetings “discretionary abuse.”
“All members of the School Board, old and new, Republican and Democrat, ought to have been consulted. Better yet, they should have waited for new terms to start before working out the leadership issues,” Mr. Landon said.
Jane K. Strauss, in her fourth term as Dransesville Democrat, said the only meetings that took place prior to tonight were between individual board members, which does not violate the law.
“There have been a lot of one-on-one conversations, which is what goes on every year. I’ve had many one-on-one conversations,” she said.
In most disputes over sunshine laws, the Virginia Freedom of Information Advisory Council issues a ruling. If government officials continue in clear breach of the law, a judge can issue an order forcing them to comply, or if the judge finds that the violations are knowing and willful, then fines can be imposed.
The Fairfax County School Board did not technically break any rules and will not face any penalties, said Maria Everett, executive director of the advisory council.
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