By DAN TELVOCK
Spotsylvania County Attorney Jacob Stroman says supervisors did not violate the open-meeting laws when they met in closed session Aug. 12 to discuss incentives for a business that had already announced its expansion plans in the community.
Creative Dimension Group, a millwork company, had already announced in July its plans to leave the Spotsylvania Industrial Park to expand in the city. The Fredericksburg City Council offered $200,000 in incentives over 10 years.
According to the Virginia Freedom of Information Act, a governing body can discuss in a closed meeting the expansion of and incentives for a local business if a prior announcement had not been made in the community.
The question in this instance is whether CDG's announcement in July to leave the county and expand in the city constitutes an announcement in the community.
After the city offer was announced, a real estate agent contacted Spotsylvania County Economic Development Director Russell Seymour about a possible location for CDG at the Motion Control Building on Shannon Drive.
Russell informed CDG officials about the property and about a month later supervisors met in closed session to discuss the business and incentives.
The supervisors came out of closed session and pas-sed a resolution offering
The Free Lance-Star argued later, when it found out the company was CDG, that the supervisors should have discussed the proposal in public because the same business had already announced plans to expand in the city.
Alan Gernhardt, staff attorney for the Virginia Freedom of Information Advisory Council, said: "It sounds like there was definitely an announcement by the company of their plans to expand in the community."
But Gernhardt said the FOI Act does not define "community." He said one could argue that Spotsylvania and Fredericksburg do not share a community.
The FOI Act does require that its provisions be liberally construed to promote open government.
In an e-mail sent this week, Stroman writes that he and another staff attorney contacted the Advisory Council, and they were told that the issue is not clear-cut.
"We were also reminded that verbal opinions are advisory only and that the addition or omission of facts could have a significant bearing on the opinion," he said. "Moreover, we can find no legal authority which supports your conclusion. In light of the foregoing, I am of the firm belief that the closed meeting did not violate the Freedom of Information Act in any respect."
In a similar incident in Fredericksburg, city officials apologized for illegally meeting in closed session to discuss expansion of a business that had already made an announcement about its plans.
City council members discussed in a closed meeting the business plans for Blue and Gray brewery even though the company had already applied for a special-use permit to move from Spotsylvania County into the city's industrial park. The meeting was also held on Aug. 12.
City Manager Phillip Rodenberg said those details were overlooked when city staff recommended the council close the meeting, and he apologized for the error.
Dan Telvock: 540/374-5438
Email: dtelvock@freelancestar.com
Community is defined in the Webster's New World Dictionary as: 1. a) all the people living in a particular district, city, etc. b) the district, city, etc. where they live 2. a group of people forming a smaller social unit within a larger one, and sharing common interests, work, identity, location, etc. 3. a group of nations loosely or closely associated because of common traditions or for political or economical advantage 4. society in general; the public 5. ownership or participation in common 6. similarity; likeness 7. a) the condition of living with others b) friendly association; fellowship. |