Expert: Norfolk board's secret meeting broke sunshine law

NORFOLK

The City Council met for 70 minutes behind closed doors Wednesday night in what one legal expert called an apparent violation of Virginia's Freedom of Information Act.

The council met to discuss a "personnel issue," according to Mayor Paul Fraim. He said the council was briefed on the indictments of three police officers - two active, one recently resigned - this week, including two on felony perjury charges.

A 1998 opinion from the Virginia attorney general's office concluded that city councils may not meet in closed session to discuss personnel over which they have no control.

According to J. Tucker Martin, communications director for Attorney General Bob McDonnell, that ruling was affirmed by the attorney general's office in 2000.

The City Council has no control over hiring and firing police officers. That power is shared by City Manager Regina V.K. Williams and police Chief Bruce P. Marquis.

Norfolk City Attorney Bernard A. Pishko said he disagrees with the ruling, which he added does not have the force of law.

He said the council also met to discuss legal issues that would justify a closed meeting, but he would not disclose the nature of those issues.

Alan Gernhardt, staff attorney for the Freedom of Information Advisory Council in Richmond, said Pishko was correct in asserting that an attorney general's opinion is not law.

"Until there's a court precedent, there is no black-line rule," he said.

But he added: "From a governmental structure, why is the City Council looking into this? Why isn't the police chief taking care of it?"

He said unless the city charter specifically allows the council to regulate police officers, meeting behind doors to discuss the indictments appears to have violated the law.

Pishko said the meeting was "absolutely justified." He said the Freedom of Information Act provides elected officials with some discretion to discuss personnel issues.

"I'm not sure it's sensible to discuss any personnel matters in front of the public and the media," he said. "I know this is something we would not have discussed publicly."

Vice Mayor Anthony L. Burfoot said nothing was discussed by the council that was not aired in public during a news conference held Wednesday by Marquis.

Burfoot said it was important for council to be briefed so that members can react property to inquiries from the media and community leaders.

"You've got guys out there who are divisive in nature, and anytime they can divide the city, they will," he said. "It was important for us to know and to be able to support what the police chief is doing."

Asked whether the meeting should have been held outside of the public eye, Burfoot said, "I could not make that determination."

Harry Minium, (757) 446-2371, harry.minium@pilotonline.com