Va. Supreme Court hears argument Prince William County Supervisors violated open meeting law

The Virginia State Supreme Court heard arguments in the case of five Prince William Board of Supervisors accused of violating the state’s open meetings laws in the hours after unprecedented riots. 

Richmond attorney Patrick McSweeny argued for county residents Alan Gloss and Carol Fox. Both allege the five Democrats on the Board of County Supervisors violated the law when they attended a meeting of the county police department’s Citizen Advisory Board, which hastily gathered at noon on May 30, 2020. 

During the meeting, members provided feedback on how police handled riots outside Manassas the night before and how police would respond to similar situations, argued McSweeney.

The night before, McSweeney said the five supervisors used text messages to communicate about the riots at Sudley Road and Sudley Manor Drive outside Manassas and how police used tear gas to keep rioters at bay. 

Five police officers suffered serious injuries during the incident, which saw glass windows at area businesses smashed, area streets closed, and arrests made. Officers declared a riot for the first time in the county police department’s 50-year history.

McSweeney said three Republican Board of County Supervisors, including the member representing residents in the magisterial district where the riots occurred, did not receive those text messages or a meeting invitation.

None of the Republicans elected to the Board of County Supervisors attended the meeting. The elected County Sheriff, Glenn Hill, a Republican overseeing an agency separate from the county police, attended.

“It doesn’t matter who calls the meeting. They were there to complain about law enforcement activities the night before. They were there to complain about the use of tear gas,” said McSweeney. 

In a social media post, Woodbridge District Supervisor Margaret Franklin chastised police for using tear gas on rioters.

State law requires officials to notify the public when two or more elected leaders meet to discuss public business, except for political debates, campaign speeches, or public forums.

The plaintiffs sued the five Supervisors individually. Gifford Hampshire represented Woodbridge District Supervisor Margaret Franklin, arguing the meeting in question was, in fact, a public forum and that anyone could have attended the meeting.

“[Public business] has to be listed on the agenda for it to be public business… or it could be matters that could be on the agenda in the future,” Hampshire argued.

“It’s hard to imagine riots wouldn’t be on the Board agenda in the future,” said Justice D. Arthur Kelsey. 

“Isn’t it a little anomalous that some [Board of County Supervisors] members showed up while others had no idea it was happening,” added Kelsey. 

“The government cannot function if elected leaders can’t attend events,” replied Hampshire.

“As long as we wait until after the secret meeting to discuss what we discussed, then that’s OK,” Kelsey replied.   

McSweeney said Occoquan District Supervisor Kenny Boddye attended the meeting and asked if the information from the Virginia State Police be included in the county police department’s final report on the riots. State Police were called to assist Prince William police and used tear gas.

By asking, Boddye provided orders to the police department during the meeting, McSweeny argued.

On October 8, 2020, Fairfax County Judge Dennis J. Smith, who heard the case after all justices on the Prince William County bench recused themselves, tossed out Gloss and Fox’s case. The justices commented on the lower court’s ruling, saying it might have been better to allow Gloss and Fox’s case to proceed.

In an email obtained by Potomac Local News, Wheeler called the case against her and colleagues “frivolous” and “political.” Hampshire’s son, Gifford V. Hampshire. 

Hampshire added that the attorney for Supervisors Andrea Bailey, Victor Angry, and Kenny Boddye was out sick with COVID. 

The State Supreme Court has yet to rule on the case.