1 week Ago
There are two ways in which the Virginia Freedom of Information Act helps shape government in the commonwealth. The first is the letter of the law, which entails the specifics and procedures required of public bodies when they hold meetings and determine what records should be available for citizen review. The second is the spirit of the law, which is set forth clearly in the act’s preamble: “The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government.
” While the spirit of the law should be foremost in the minds of those who serve the public, the letter of the law affirms compliance. Officials who flout the state’s open government law do so knowing it is antithetical to democratic governance — a betrayal of their constituents — as well as being in violation of a statute that demands decisions be made with ample advance notice so citizens can participate in the process. We mention all of that because it seems some local elected officials in Hampton Roads could use the refresher.
The Virginia Beach City School Board voted on April 8 to eliminate diversity, equity and inclusion (DEI) programs from the city’s school system. Prior to that vote, the board released an agenda for the board meeting that had no mention of the issue, then introduced a resolution about it during the meeting, and held a vote to remove DEI programs. Proponents of the measure argued that a looming deadline set by the Department of Education necessitated their extraordinary action, but that rings hollow given that no other school division in the region has acted similarly.
Nor is this about DEI specifically. One can make any number of arguments about the merits of DEI programs. In fact, a lively discussion of the topic would be both in the city’s interest and a necessary component of an official action to end them.
But that’s not what the elected school board did. Instead it willfully disregarded its legal obligations , as well as its duty to residents, and acted in undemocratic, secretive and insulting fashion simply because it was the path of least resistance. That was aptly underscored on Tuesday when more than 100 speakers at last had the opportunity to provide input and feedback — residents who were eager to be part of an important community debate.
That’s precisely what should have happened prior to the board’s hurried and legally indefensible vote. Not that the Beach school board are the only FOIA offenders in our region. Last month, the Norfolk City Council voted on a resolution instructing the city’s school board to create a plan by Aug.
1 to close 10 schools. Again, this represents a sweeping and consequential policy affecting thousands of students, teachers, staff and residents. And again, elected officials failed to follow the law under Virginia’s FOIA.
The resolution didn’t appear on the council’s agenda for its March 25 meeting. Though the council can, with the mayor’s consent, add items to an agenda that are particularly urgent, Norfolk officials have discussed school consolidation for years, meaning there was no reason to cut corners here. Council member Tommy Smigiel defended the late addition, saying, “It’s OK.
We walk on stuff all the time.” The implication is that council members have little use for the state law which should govern their conduct and which intends to ensure the public’s participation in their government. Sign up for Viewpoints, an opinion newsletter As seasoned public servants, these local officials should know all about their obligations under the state FOIA.
So these actions represent a slap in the face of residents and an egregious breach of trust with voters who elected them. The Virginia Freedom of Information Act exemplifies that cherished principle of American democracy that power is held by the people. And if the people value a transparent government that works on their behalf, they should demand those in power do their business in the proper way.
Or vote them out..
