Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, February 24, 1991 TAG: 9102240143
SECTION: VIRGINIA PAGE: C-8 EDITION: METRO
SOURCE: Associated Press
DATELINE: CLINTWOOD LENGTH: Medium
The board admitted the violation in papers filed in Dickenson County Circuit Court. The pleading was made in response to an injunction sought by Buchanan County Commonwealth's Attorney Wayne Horn, who was appointed special prosecutor to investigate the violation.
Horn is seeking an injunction restraining board members from future violations and a court order imposing a civil penalty on each board member for a Feb. 19 secret meeting.
The board is asking the court to dismiss the action because Horn did not ask for a hearing within seven days of the filing of the injunction, as required by the act. The panel also asks for sanctions against Horn, who they claim does not have authority to bring action against the board.
A hearing on the motion to dismiss is set for 1 p.m. March 7 in Circuit Court.
Under the FOI Act, a court can impose civil penalties only if it finds a violation was "willfully and knowingly" made. A civil penalty of not less than $25 nor more than $1,000 can be imposed.
The board violated the act when it held a meeting at the home of board member Patricia Vanover. The purpose of the meeting, according to board members, was to discuss School Superintendent John Dotson's refusal to release a payment to a company that maintained energy-saving equipment at four schools.
The incident led to the board's decision to suspend Dotson without pay. A grievance hearing for Dotson was postponed after his attorneys claimed the meeting at which Dotson was suspended was called illegally. A final decision is pending on the attorneys' motion to reinstate Dotson.
In its response, the board claims it attempted to meet the FOI Act by notifying The Dickenson Star of the February meeting. At that time, board member Carroll Edwards and his brother Sam Edwards were two of several owners of the Star. Sam Edwards also was editor of the newspaper when it was told about the meeting.
The board did not notify other media representatives, including the Bristol Herald Courier, which had asked in writing for notification of meetings as required by the act.
According to the bill for injunctive relief, the meeting violated the act because it was not announced and was not open to the general public, nor was it held at the usual meeting place. In addition, the meeting had not been continued at the close of the previous regular meeting.
Board members claim they were not provided copies of the act by Dotson or Gerald Gray, was the board's attorney at the time of the violation. They say they never were made aware of the written request, nor that notifying one newspaper was insufficient to satisfy the act.
During Dotson's grievance hearing, former board Chairman Don Askins testified that he provided at least three of the current board members with copies of the FOI Act and that he had told them about the letter from the Bristol Herald Courier.
"They not only knew about the FOI and had a copy, but they also saw it in operation," Askins said at the hearing.
by CNB