State Agency: McLean Board Action at Variance with FOI Law

A Virginia state agency believes the McLean Community Center Board violated Virginia public information law when it refused to tell residents the details of an action involving a secret $100,000 report.

On May 25, the board approved a motion apparently involving a secret taxpayer-funded consultant's report on downtown McLean and refused to tell residents the subject of the motion, the intent, the impact or if public money was spent.

McLean Patch asked the Virginia Freedom of Information Advisory Council, a state agency, if the board's failure to give any information about the motion it approved violated the FOI law.

The FOI staff attorney sent back section 2.2-3711 (part B) of the state FOI law: "No resolution, ordinance, rule, contract, regulation or motion adopted, passed or agreed to in a closed meeting shall become effective unless the public body, following the meeting, reconvenes in open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulation, or motion that shall have its substance reasonably identified in the open meeting."

MCC Board Chair Kevin Dent did not respond to inquiries for comment. Dent was the head of the Capital Facilities Committee, which last year hired the real estate firm of Jones Lang under a no-bid contract to advise the board on the feasibility of a possible development project in downtown McLean.

Jones Lang, a large, well-known real estate consulting firm that will be paid $100,000, has prepared a report that the board has refused to share with taxpayers.

Last week, the McLean Citizens Association, McLean's unofficial town council, asked the MCC board to make the secret report public. MCA also asked the MCC Board to consider refunding to taxpayers a $12 million surplus.

"The MCA is extremely concerned with government decisions made outside the public view and with related documents that are withheld from the public," said the letter MCA President Rob Jackson sent to MCC board chair Kevin Dent. "We urge openness by the (MCC board) as stewards of our tax dollars."

The citizens association voted unanimously June 1 to ask the MCC board to release to taxpayers the report concerning the MCC's plans to replace the Old Firehouse Teen Center in downtown McLean.

The Capital Facilities Committee under Dent approved the Jones Lang contract behind closed doors, another apparent FOI violation.

ORIGINAL STORY. June 1. The McLean Community Center board last week approved a motion involving a $100,000 contract and development in downtown McLean and refused to tell McLean residents the subject of the motion, the intent, the impact, or if public money was spent.

The 11-member board went behind closed doors for about 30 minutes. They cited their need to discuss a matter involving downtown development. The Virginia Freedom of Information law allows public officials to hold closed door sessions to discuss some real estate matters.

The board then returned to public session. One of the board members made a motion to adopt "a motion" they had agreed to in the closed door meeting. Board Chair David Sanders said the board did not need to reveal any information about the motion because it dealt with real estate negotiations.

The motion was then adopted by the board members: David Sanders, Kevin Dent, Lee Dicenso, Sean Dunn, Jay Howell, Sun Park, Craig Richardson, Risa Sanders (no relation to David) and Robin Walker. Absent were Craig McKenzie and Susan Bourgeois.*

This is the latest in a series of secret decisions the board has made surrounding its $100,000 taxpayer-financed contract with real estate consultant Jones Lang LaSalle and its downtown development plans. It's the second time in 10 days that the board has acted in secret on this project.

On May 18, a committee of the McLean Community Center Board refused to release to McLean residents copies of a $100,000 consultant's report paid for with taxpayer money on the feasibility of replacing the Old Firehouse Teen Center. The Capital Facilities Committee, headed by Kevin Dent, met and went into closed session to discuss the report from Jones Lang.

Why you should care: McLean taxpayers pay a special property tax to finance the center. The center board has accumulated a $12 million surplus over the years by collecting more in property taxes than they needed to operate the center. The board plans to use that $12 million surplus to finance some building in downtown McLean.

Background: The community center board, McLean's only elected board, voted in September 2010 to spend up to $100,000 of taxpayer money to hire a real estate consultant without deciding on the scope of work for the consultant. Kevin Dent, chair of the board's Capital Facilities Committee, said that representatives for Jones Lang had helped the committee determine the scope of the work to be done. Dent never said exactly what taxpayers would be paying for nor exactly what Jones Lang would be paid to do.

Jones Lang was the only firm considered by the committee, Dent said. The company was highly recommended by Fairfax County officials, Dent said.

The board has long talked of replacing the teen center located in the Old Firehouse on Chain Bridge Road with either a gymnasium or a community building that would include a black box theater. Problem: The county owns the firehouse and the parcel isn't large enough for parking.

Then the Capital Facilities committee, led by Dent, agreed in secret to award a contract worth up to $100,000 to Jones Lang.

The Virginia Freedom of Information reads: "No resolution, ordinance, rule, contract, regulation or motion adopted passed or agreed to in a closed meeting shall become effective unless the public body, following the meeting, reconvenes in open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulations or motion that shall have its substance reasonably identified in the open meeting."

After last week's action on the undisclosed motion, McLean Patch asked if the undisclosed motion dealt with spending taxpayer money. Kevin Dent, formerly chair of the Capital Facilities Committee and now the newly elected chair of the board, said the motion concerned asking Jones Lang to do more work. He said that work would be included in the existing $100,000 contract.

It is unclear then why the board refused to disclose any information about the motion in its public session.

McLean Patch has asked experts on Virginia Freedom of Information law to comment on the board's actions. Stay tuned.

*The "old" McLean Community Center board held the closed-door meeting. Then returned to public session, said goodbye to departing members Lee DiCenso and youth member Sun Park and adjourned.

A few minutes later the "new" community center board convened with newly elected members Chad Quinn and two new youth members, Maggie Himpler and Christy Meyer.