Just yesterday, I received a postcard with Jacqueline Smith, Clerk of Prince William County Circuit Court, and Prince William County Potomac District Supervisor Andrea Bailey, pictures together.

The Circuit Court promotes Bailey when the State Supreme Court says she broke the law!

Am I missing something here?

Lucille Fry
Montclair

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The Virginia Supreme Court found five first-term Democrats on the Prince William Board of County Supervisors violated Virginia's open meetings laws on May 31, 2020, in the wake of riots outside Manassas.

The state's high court ruled a meeting of the county police department's Citizen Advisory Board held at 1 p.m. that day, less than 24 hours after police in riot gear, being pelted with rocks and bottles at Sudley and Sudley Manor roads, used tear gas to regain order at an unlawful protest following the May 25, 2020 death of George Floyd in Minneapolis.

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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. 

Two Prince William County residents who sued elected members of the Board of County Supervisors will have their day in the Virginia Supreme Court.

The state high court agreed to hear the case brought by Alan "Brett" Gloss and Carol Fox, who are suing all five Democrats on the Board of County Supervisors individually. The suit alleges they violated Virginia's open meetings law in the days following the death of George Floyd in Minneapolis.

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Fairfax County Judge Dennis J. Smith on Wednesday moved to strike, effectively tossing out a case against five sitting Democrats on the Prince William Board of County Supervisors. 

Brett “Alan” Gloss, a  Prince William County resident, sued the Democrats individually, claiming they violated Virginia’s open meetings law when all five gathered at a 1 p.m. meeting of the Prince William police Citizens Advisory Board on Sunday, May 31, the day after five people were arrested, and multiple businesses were smashed during riots that took place at the intersection of Sudley Road and Sudley Manor Drive outside Manassas. 

Smith heard the case after all Prince William County Circuit Court judges recused themselves. 

Patrick McSweeney, one of Gloss’ attorneys, argued the sitting Supervisors discussed public business during the meeting, specifically about how police used teargas to disperse rioters. With no Republican members of the Board of County Supervisors present during the meeting, it would be easier for Democrats to put pressure on the police department not to use teargas in the future, Gloss’ legal counsel argued.

Chris Kachouroff, who is also legal counsel to Gloss, cited a Facebook post written by Woodbridge District Supervisor Margaret Franklin where she stated she didn’t approve of the use of tear gas on the rioters. The post appeared on Franklin’s Facebook page on May 31, prior to the start of the 1 p.m. advisory board meeting. 

But the only concrete argument the Gloss’ team could establish is that Occoquan District Supervisor Kenny Boddye asked acting police chief Jarad Phelps if information about teargas, deployed by the Virginia State Police that was called in as back up, would be included in an after-action report that detailing the police response to the riots, at the intersection of Sudley Road and Sudley Manor Drive.

Judge Smith said that Boddye was gathering information about the incident and was not asserting his opinion.

During the 1 p.m. advisory board meeting, emails started flying between Supervisors and county staff, talking about holding a 4 p.m. emergency meeting of the Board of County Supervisors. Republican members of the Board of Supervisors first learned about the 1 p.m. after the 4 p.m. emergency session started.

The Democrats who attended the 1 p.m. meeting all left early to meet with their Republican colleagues at the McCoart Government Center in Woodbridge. Phelps provided the same report on the police response to the riot he had given earlier to the full board.

The 1 p.m. advisory board meeting had been called by now-retired police chief Barry Barnard. They leaned on NAACP Prince William County Chapter President Cozy Bailey, the husband of one of the defendants, Potomac District Supervisor Andrea Bailey, to invite members of the minority to the community to attend the meeting. 

Andrea Bailey overheard her husband’s phone conversation with Barnard about the 1 p.m. meeting and then called Woodbridge District Supervisor Margaret Franklin and asked her to attend. Franklin then notified Boddye about the meeting.

None chose to inform their three Republican colleagues, including Peter Candland, who represents residents and business owners in the Gainesville District, where the riot occurred.

Neabsco District Supervisor Victor Angry learned about the meeting from his mentor Micheal Futrell, a former member of the House of Delegates.

During a Board of County Supervisors meeting on video, Boddye characterized the meeting as being held for minorities only.

Prior to the 1 p.m. meeting, the county’s top elected official wanted an explanation as to why the Virginia State Police used teargas. 

“I thought we could do better, and Virginia State Police were a little aggressive,” said Prince William Board of County Supervisors Chair At-large Ann Wheeler on the witness stand. 

At 12:08 a.m. on May 31, Wheeler said she texted County Executive Christopher Martino and asked for a meeting with the police department to discuss the riots. She met with Martino, Barnard, and Phelps at the Western District Police Station outside Manassas at 12:30 p.m. Afterward. She attended the 1 p.m. advisory board meeting, which took place inside the same building.

“I didn’t think about it as Supervisor Candland’s district, I thought about it as where the riots took place,” said Wheeler on the witness stand. “[Candland didn’t reach out to me, and I didn’t reach out to him.”

Prince William police sent multiple email updates to supervisors about the riots as they were occurring. The supervisors’ lawyers argued Republicans chose not to contact their Democratic board members about the incident and became angry when they weren’t invited to 1 p.m. meeting.

“It seems like someone was upset because they weren’t invited. Well, this isn’t high school,” said Julia Judkins, Wheeler’s attorney.

Gloss told PLN that, while he’s disappointed with the outcome of the case, he is happy that more people are talking about transparency in government. “It’s very important to me that our government is transparent,” he said.

The lawsuit comes after nearly a year of tension among members of the Prince William Board of. County Supervisors. On January 6, Democrats took control of the Board previously dominated by Republicans.

Since then, Democrats have made a string of party-line votes, often shutting down initiatives introduced by the Board’s GOP members. Many meetings begin at 2 p.m. and don’t adjourn until after midnight. In July, a facilitator was hired at taxpayer expense to teach the Board to work together as a team.

“We’re working for the people of Prince William County,” Wheeler said as she walked out of the courtroom. “I don’t know. I can say we’re working together, but we are working.”