County defends legislative meeting
By Greg Pearson STAFF WRITER

State legislators and county board members recently met at the private Bull & Bear Club.

Was the Chesterfield Board of Supervisors practicing open government when it met with state legislators in a private club away from the view of citizens and the media?

Not according to two former county leaders who believe the 2008 board did not live up to its pledge to conduct Chesterfield's business out in the open.

At issue is a meeting with seven members of the Chesterfield legislative delegation held at the posh Bull & Bear Club on the evening of Jan. 22. The meeting was hosted by the county in a private dining room of the club on the top floor of 1 James Center in downtown Richmond.

The agenda included discussion of the Meadowville/I-295 interchange, Senate Bill 385 (hiring of illegal immigrants), Senate Bill 768 (impact fees), House Bill 544 (Richmond Metropolitan Authority) and House Bill 1573 (Regional Transportation Authority).

The attending legislators, who represent portions of Chesterfield County, included State Senators Steve Martin, John Watkins and Henry Marsh and Delegates Sam Nixon, Lee Ware, Riley Ingram and Rosalyn Dance. All five supervisors - Art Warren, Dan Gecker, Dorothy Jaeckle, Jim Holland and Marleen Durfee - were present. Four of the supervisors are new to the board, and some of the supervisors and legislators met each other for the first time.

Also in attendance were County Administrator Jay Stegmaier, Deputy County Administrators Pete Stith, Becky Dickson and William Johnson, Assistant County Administrator Marilyn Cole, County Attorney Steve Micas, Director of Intergovernmental Relations Mary Ann Curtin, Kim Conley of the county administration staff and Charlie Davis, who lobbies the General Assembly for the county.

"For all five board members to be there, it should have been advertised so the public could have been invited," said former Bermuda Supervisor Dickie King.

Former Dale Planning Commissioner Sherman Litton agreed. "I didn't see any public notice [about the meeting]," he said. "The meeting should have been held in Chesterfield."

County officials pointed out that the Jan. 9 board meeting ended with notice being given that the board would reconvene at the Bull & Bear. According to those officials, that meets the necessary legal requirement. The announcement came after 9 p.m. when few citizens remained at the board meeting.

"Open government was a campaign issue last year, and this board said it was going to do better," said one citizen who declined to be identified. "How is it open government when you're meeting in a private club?"

The county acknowledges that citizens were not invited but "the board adjourned [on Jan. 9] to the dinner with the legislative delegation," wrote Cole in an e-mail, responding to this newspaper's questions about the Bull & Bear meeting. "We did not issue a special invitation to the media or anyone else to attend since it was publicly announced at that meeting. It is the decision of the media whether they want to cover a county meeting. In the past, members of the media have attended the legislative dinners." The county was following notice procedures it had used in the past.

Members of the media have attended meetings between the county and state legislators, but those meetings were held in the administration building. At those meetings, media representatives would pay for their own food and drink.

"This meeting was held downtown at the convenience of the legislators because they are so busy during the session, and we wanted as many as possible to attend," said Stegmaier. His membership at the Bull & Bear was used to reserve the private dining room.

According to Alan Gernhardt, staff attorney for the Freedom of Information Advisory Council, the Bull & Bear meeting was legal. "The board can adjourn to different places at a different time on different days to complete its business," he said.

"Traditionally, we meet with our legislators during the General Assembly session so they can update us on issues that impact Chesterfield," explained Warren, chairman of the Chesterfield board. "It wasn't the best place to meet, but under the circumstances it was the best place to accommodate our hardworking legislators."

"I believe there was sufficient notice, so you'll have to talk to [County Administrator] Jay [Stegmaier] about that," replied Durfee. "It's not something new because the board has held these meetings before."

Last year, the board did not meet with the legislative delegation. On Feb. 23, 2006, then Supervisors King and Kelly Miller along with Warren met at the Downtown Club, a private club in Richmond, with six legislators and various county staff members. On Feb. 15, 2005, another meeting was held at the Downtown Club and attended by supervisors Warren, King, Miller and then Midlothian Supervisor Ed Barber. Five legislators, former County Administrator Lane Ramsey and seven staff members attended.

On Dec. 1, 2004, a meeting was held at the county administration building prior to the legislative session. Supervisors Miller, King and former Matoaca Supervisor Renny Humphrey attended. Seven legislators and one legislative representative attended as did the entire school board, the Chesterfield superintendent and 13 staff members of the county government and school system.

County records indicate there were no meetings with the legislators in 2003 and 2002. A Feb. 8 meeting in 2001 occurred at the Downtown Club. Five legislators attended as did Supervisors Humphrey, Miller and then Bermuda Supervisor Jack McHale, along with former Superintendent Billy Cannaday and six county staff members.

Last month's Bull & Bear meeting included a limited entrée selection of fish, steak or chicken paid for by the county. Alcohol was served but not at county expense. The bill totaled $1,360, which included food, nonalcoholic beverages, service charge and taxes. There was no charge for use of the meeting room.