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Franklin City Public Schools has been found to be in violation of the Virginia Freedom of Information Act (FOIA) in multiple ways. The school division admitted to certain instances, and a ruling from a Suffolk Circuit Court judge added two more.

Judge Helivi L. Holland presided over a hearing in Suffolk Circuit Court on Monday, June 9, regarding a case in which the Franklin City School Board members and FCPS Superintendent Dr. Carlton Carter are defendants.

The plaintiffs included Travis Felts, Tammara Edwards, Lamont Hill, Carrie Johnson and Audrey Lee.

Kevin E. Martingayle, of the Virginia Beach-based firm Bischoff Martingayle P.C., represented the plaintiffs and stated after the hearing that the defense had admitted to multiple FOIA open-meeting violations and agreed to having an injunction entered to stop future such violations. 

These violations were not all detailed during the hearing, which ran for approximately three hours and featured testimony from Felts, Johnson, Edwards, School Board Chair Robert Holt, Carter, Brenda Peterson and Franklin Ward 1 Councilman Mark R. Kitchen.

Though a variety of subjects were discussed during the hearing pertaining to FOIA, Holland focused on three particular issues for which she made rulings.

Martingayle contested, on behalf of the plaintiffs, that the conference room in which the Franklin City School Board has held its monthly work sessions is not sufficient to accommodate the public in a way that conforms with FOIA.

Part of the plaintiff’s verified complaint reads as follows, citing the Code of Virginia: “According to Code §2.2-3700, the VFOIA is specifically designed to provide citizens with free entry and access to meetings of public bodies wherein the business of the people is being conducted. ‘The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government.’ Id. VFOIA provisions are to be ‘liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government.’”

It was mentioned during the hearing that public meeting notices from FCPS for the monthly work sessions held in the School Board conference room state that seating is limited, and it was also mentioned that its capacity is 22 to 23 people total.

“It’s not inviting to say that seating is limited,” Holland said, noting that showing up early for the meeting to secure a seat does not result in more seating.

After the hearing, Martingayle said, “The judge found violations for holding public meetings in a conference room and failing to have open meetings before closed meetings commence.”

During the hearing, Martingayle highlighted the May 22 Franklin City School Board meeting that featured a closed session at 6 p.m. and an open session at 7 p.m. To conform with FOIA, the board is to begin the meeting in open session, citing the reasons for the closed session before taking a board vote to go into said session.

Felts arrived early on May 22 to learn what the publicly cited reasons were for the closed session, and he also wanted to witness the board vote on the matter. 

He testified that when he went into the room, Carter told him to leave because the board was going into closed session, and so Felts was barred from attending the brief open session and witnessing the citations and vote prior to the closed meeting.

Franklin City School Board meeting agendas have previously not indicated an open session that precedes the entrance to a closed session.

Holland ruled FCPS was in violation of FOIA in this matter.

The May 22 meeting location changed from the City Council Chambers at Franklin City Hall to the S.P. Morton Elementary School Media Center. The school division produced public notices highlighting the location change, but the meeting agenda still listed City Council Chambers as the location.

Holland ruled that this was not in violation, noting she was not in a position to think something was intentionally done. She acknowledged there was an error on the agenda, but she said she heard no public testimony indicating the public was harmed through, for example, missing the meeting due to the location change.

It was indicated at the hearing that more FOIA-related argumentation is to come, and a future hearing will determine what financial relief is to be applied in the matter.

Holt shared a statement with The Tidewater News on Tuesday, June 10.

“The court made two rulings,” he said. “First, we always begin every board meeting with an open session which includes motions and votes to enter into closed session if that item is on the agenda. Our past agenda documents show a beginning closed session; the addition of clarifying an open session beginning will be corrected in future agendas. 

“Second, we have held our past work sessions in the School Board conference room with extra seating for 10-12  additional people,” he continued. “The court asked us to hold our open work sessions in the City Council meeting area to make it more clear to the public that more seating would be available. The location of our open work sessions had already been moved to the City Council area beginning with our June 5 meeting, and all future work sessions would be as well.

“There was one additional question that remained unresolved and should be determined in 1-2 weeks,” he added.