Council should keep doors open

With the sun having set on Sunshine Week a mere two days earlier, two elected city officials sought refuge from the light Monday, calling for a closed-door discussion of an issue important only in a petty political sense.

Chagrined that this newspaper obtained confidential memos from the city attorney to the council, Mayor Tom Reynolds and Councilwoman Lorie Smith planned the private session to talk about the legality of broadcasting a candidates forum on the city's government access channel.

Aided by the absence of majority faction member Nancy Dowdy, councilmen Frank Lucente and Tim Williams blocked the move. Lucente based his opposition on, of all things, the law. The meeting agenda cited Section 2.2-3711(a)(7) of the state Freedom of Information Act as the basis for going behind closed doors.

That section of the law allows such discussions in cases involving "actual or probable litigation." It states that " 'probable litigation' means litigation that has been specifically threatened or its legal counsel has a reasonable basis to believe will be commenced by or against a known party." Lucente seized this point.

"We've not been threatened to be sued or [threatened with] pending litigation," he said.

Identical rationale might have been applied to the confidential memos circulated by City Attorney Robert C. Lunger raising questions about the legality of broadcasting the forum. Reynolds lamented the publication of these documents by The News Virginian in print and online, saying his "trust" had been "violated." Smith similarly opined about the newspaper's publication of e-mail exchanges regarding the idea.

We will leave to attorneys the task of interpreting the law. In the meantime, what strikes us as having been violated is the spirit of Sunshine Week, which from March 16-22 celebrated open government. That foundational democratic concept seems to have been lost on Reynolds and Smith.

Let us remind them: Tax dollars pay the salary of the city attorney, the government access channel and, for that matter, the entirety of city government. The people have the right to know the legal opinions for which they pay and the content of e-mail messages exchanged inside a government that subsists on taxpayer money.

Recall that Smith did not quibble with the publication last year of a legal opinion by Lunger finding no conflict of interest in her serving on the council while her husband works as head of the stormwater management division. Now we must wonder what her position would have been had Lunger taken the opposite view.

While Reynolds and Smith look for their dark corners, their city sits idling. The council, which they rule along with Dowdy, has not decided on a permanent funding formula for the stormwater division despite a year of trying. A successful Charlottesville developer has disclosed plans to bring a minor league baseball team to town, yet the council has done nothing publicly to advance the proposal. Downtown remains a hub of inactivity.
An election looms. Reynolds is stepping down, and it's an off year for Smith and Dowdy. But majority power could shift. Now is not the time for the council to hide behind closed doors while dreams for our city's future turn to vapor.