FCPS, Board Heading to Court to Defend Charges of Violating Open Meetings Law

Fairfax County  Public School officials and the Fairfax County School Board have been subpoenaed to testify in court March 2 to defend charges of violating state FOI and open meeting laws.

Patton Boggs, representing plaintiff Jill D. Hill, a Fairfax County resident, issued subpoenas for the school officials and the entire board in Fairfax County Circuit Court. Hill is suing FCPS and board members for violating the state Freedom of Information Act and open meetings law.

Parents in Fairfax County filed more than 150 FOIA requests last year, many of them related to the school board's decision to close Clifton Elementary, according to a recent story in The Washington Post. School board members have called for revisions to the state FOIA laws, the Post reported, in order to strike the "appropriate balance between the considerable investment in time and money required for compliance and ensuring the people of the Commonwealth ready access to public records."

Daniel Walsch, a spokesman for George Mason University who has worked with FOIA "more than my share of requests over the years," said that costs involved "doesn't negate the public's right to know."

Virginia's FOI law states that "public records" means all writings and recordings that consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business.

Attorneys will meet for a short motion in Fairfax County Circuit Court next Friday, Feb. 25th, at 10 a.m. with Judge Jane Marum Roush. The judge for a March 2nd trial has not yet been assigned.

Among those for whom subpoenas were issued are school officials: Dean Tistadt, Paul Regnier, Pam Goddard, Sara Kolb.

In addition, the entire School Board were issued subpoenas: Kathy L. Smith, chairman, Brad Center, Vice Chairman, Jane K. Strauss, Judith Wilson Daniel G. Storck, Patricia S. Reed, James L. Raney, Ilryong Moon, Martina Hone, Stuart D. Gibson, Sandra S. Evans, Elizabeth Torpey Bradsher.

"If I have to be in court, I have to be there," Bradsher said. "I want to know, when will the children matter? What are we doing all this for?"

When asked for reaction, Fairfax County Public Schools spokesman Paul Regnier, who is one of the school officials being subpoenaed, responded: "This matter is in litigation, so that neither our staff nor our attorneys are at liberty to discuss it."

Attorneys in the case are:
Thomas J. Cawley, who is representing Fairfax County Public Schools and the board. He is an attorney at Hunton & Williams in McLean.
T. Michael Guiffre, who is representing plaintiff Hill. He is an attorney with Patton Boggs in D.C.

Under Virginia law, FOIA cases are required by statute to be heard in seven calendar days. The statute does not permit exceptions for weekends or holidays.