Foust, Husch Disagree on Taxpayers' Right to Secret Report

The Republican candidate for Dranesville supervisor said Wednesday that he supports citizen efforts asking the McLean Community Center board to release the contents of a $100,000 taxpayer-funded report.

“I would have already put it on the Internet," said Dennis Husch, a former Herndon City Council member and vice-mayor, who is running against Democratic incumbent John Foust.

“I believe that the Dranesville supervisor has a responsibility to his constituents to make all public documents available. The report generated for the McLean Community Center board is a public document and it should be released," Husch said.

The McLean Citizens Association board voted unanimously June 1 to ask the McLean Community Center board to release to taxpayers a copy of a $100,000 taxpayer-financed report. The MCC in late December hired the real estate firm of Jones Lang and agreed to pay them $100,000 for a feasibility study of the board building something on the site of the Old Firehouse Teen Center. The firehouse land belongs to the county.

The MCC Board, which is elected and also under the direct authority of the Dranesville supervisor and the Fairfax County Board of Supervisors, has refused to make the report public citing an exemption under the Freedom of Information law.

Foust said, "I agree with several of the suggestions made by the MCA regarding documents that the MCC should post on its website. However, as Mr. Husch points out, 'reasonable exceptions' to disclosure include documentation relating to 'the purchase or sale of real estate where disclosure would be detrimental to the sale price.'” That exception is codified in the Virginia Freedom of Information Act.

"I have not seen the Jones Lang Lasalle report but if it includes information that would be prejudicial to the MCC’s position in negotiating purchase of real estate, and if the report is subject to the FOIA exemption from disclosure for that reason, then I do not believe it is in the public interest to release the report. If it is not subject to a disclosure exemption under FOIA, then the MCC can and must release the report."
 
Husch said as a member of the Herndon City Council, he posted all public documents on his website and would do that if elected to the Board of Supervisors.

“It was really my file cabinet that I shared with the public,” he said. "For regular correspondence, staff reports, general correspondence – there is no reason that I can think of that you can’t post that all on the Internet for the public. You are doing the public’s business and the public has a right to see what you see and help you make the decision that you need to make as a public official.”

‘What bothers me the most is that the Freedom of Information law is really quite clear,” about the release of the consultants report Husch said.

Foust responded, "The county publishes an enormous number of documents on its website. If there is a gap in the information generally needed by the public, I would support adding that documentation to the website. However, every document in my office is a 'public document' and there would be very limited benefit and a huge cost associated with posting every 'public document' on my website. Normally, if constituents cannot find something on the county website we work with them to determine whether the document exists and, if it does, to obtain copies for them."

Husch said, “I really became a believer in open government providing people with the information they need to understand what is going on in government and enough information to participate in the government” as a city council member. He said he served on the Herndon City Council for 16 years.

The Virginia Freedom of Information law states: "A report of a consultant hired by or at the request of a local public body" is available to the public "if the contents of such report have been distributed or disclosed to members of the local public body."

The MCC board responded that the report was secret because it was compiled solely for discussion in closed meetings, which is an exemption under the state FOI law.

The MCC board has yet to respond to the MCA letter asking for the report to be shared with taxpayers.