Norfolk broke Va. law in closed-door discussions

NORFOLK

The City Council violated Virginia's Freedom of Information Act on Tuesday when it discussed in a closed meeting allegations that Police Chief Bruce P. Marquis improperly raised money for a law enforcement conference, said Alan Gernhardt, an expert on the state's open meetings laws.

Councilman Paul R. Riddick said the council talked about Marquis for several minutes. That discussion was illegal, said Gernhardt, staff attorney for the Freedom of Information Advisory Council in Richmond.

Earlier that day, Councilman W. Randy Wright chastised Marquis in an open meeting for implying that racism may be behind some of the allegations.

Marquis was criticized for raising money from businesses and spending forfeiture funds on a conference for the National Organization of Black Law Enforcement Executives, held in Norfolk in late July.

A former police lieutenant also alleged that an inordinate number of officers were assigned to patrol the conference.

Marquis told The Virginian-Pilot that he wonders whether the allegations would have been raised if the conference had not been for black officials.

"The use of drug forfeiture funds, in my mind, did not pass the smell test," Wright said. "The way he solicited funds was very intimidating.

"The thing that concerned me the most was his playing the race card. I think that was uncalled for."

Wright's comments were met with silence from other council members until they went into closed session.

Riddick said some council members were critical of Marquis in the closed session, but only mildly so. He said Marquis enjoys wide support from the council.

In 1998, an opinion issued by the Virginia Attorney General's Office involving the city of Hopewell concluded that city and county governing boards may not discuss employees they don't hire in closed sessions.

Norfolk's code empowers only City Manager Regina V.K. Williams to hire the police chief and most other employees.

Norfolk City Attorney Bernard A. Pishko said he does not agree with the opinion and said it is not legally binding.

Mayor Paul Fraim said: "I'm not about to comment on what we discussed or what was said. I will say I have great confidence in the legal advice we're getting from the city attorney and that no laws were violated."

Gernhardt acknowledged that until someone challenges a city or county in court, there is no binding precedent. "But I fail to see why the council discussed the police chief behind closed doors," he said.

Gernhardt was critical of the council in December when Fraim called a special closed meeting to discuss indictments of three police officers.

Vice Mayor Anthony L. Burfoot said he did not join the discussion on Marquis.

"Technically, I know we're not supposed to speak about employees under control of the city manager," he said. "This is an administrative issue, and I'm going to let the administration deal with it."

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