A Twitter exchange that occurred last Tuesday during the informal meeting of Norfolk city Council I raised the question as to why the discussion of the appointments was going on in closed session. Shaun Kenney, a member of the Board of Supervisors in Fluvanna was the first to respond. I mentioned that they had some kind of ruling that said they could, to which Kenney responded:
http://twitter.com/#!/svkenney/status/85835989204996097
I asked if an appointed school board was considered personnel. Kenny said no and Megan Rhyne agreed.
http://twitter.com/#!/opengovva/status/85843692040101888
I showed this exchange to Pilot report Harry Minium. In his Compass article Sunday, Minium makes mention of the issue. He contacted Rhyne, who said that a closed meeting is inappropriate unless council maintains some level of control over the board. Not surprising, City Attorney Bernard Pishko disagrees.
He has said the council not only can but should hold such sensitive discussions on appointing board members behind closed doors.
Unless somebody challenges it, these closed meetings will continue. But there is another answer: an elected school board. And that may very well be the best answer.
VIVIAN J. PAIGE | All Politics is Local 
Elected school board members should be a priority with our council members. Accountability is a concern we as citizens should demand from our leaders. I have spoken many times at the school board meetings in the past and never received a response. I spoke this year about the new system for punching numbers for lunch lines and Dr. Bentley went to 3 schools the next day to see what I was talking about. He got back in touch with me agreed on the problem and found a solution. I have brought other things to his attention and have found he is a man of action. I hope the new school board members will be of front and have the integrity we need for a successful school board.
Ha! Elected school boards a priority with this council? Not in a million years. Maybe two or three would support it.
Look, Virginia’s open meetings law is a farce.
On its face it is riddled with so many loopholes it is almost meaningless.
In practice, challenging the calling of a closed session in person is impossible. Suing after the fact to obtain an injunction may be a worthwhile endeavor, but it requires a long drawn out lawsuit at significant expense in attorneys’ fees often without a substantial chance of success.
Now back to the subject of this post: Under Va. Code § 2.2-3711 “A. Public bodies may hold closed meetings only for the following purposes: 1. Discussion, consideration, . . . [of] candidates for . . .appointment, of specific public officers, appointees, or employees of any public body . . .”
If the statute said “personnel,” instead of “appointment” I fear the statute would still be interpreted by courts to allow a closed meeting in this instance.
Elected school boards come with their own messes as those in NoVa can tell you.
If we want real open meetings, Va. Code § 2.2-3711 needs to be gutted, and a fast and easy system for enforcement of Va. Code § 2.2-3707 needs to be enacted such as exists for FOIA in Virginia.
I think you may be on to something – fix the law.
Speaking as someone who was appointed by the Alexandria City Council for three 3 year terms, I am appalled that any governing body that appoints school board members would do so in closed session. The Alexandria City Councils that appointed School Board members (now Alexandria’s School Board is elected) took their responsibilities very seriously. Each applicant met individually with the entire Council in a private session. Some time after that, at least two weeks, during which citizens could speak to Council members about the candidates, the Council held an open meeting where each applicant was allowed to make a 2 or 3 minute opening statement. After that, the public was allowed to make statements on what their concerns were, what questions they had, etc. In addition to these Council meetings, the PTA Council had a candidates forum, as did the League of Women Voters and the candidates also met with representatives of the local Education Association, the Urban League, and at various local civic associations. The final vote by Council was a roll call vote in public. During the 17 years I was involved with the schools when Board members were appointed, I could think of only one appointment that could have been considered political. In my own case, prior to being appointed to the School Board, I had served on the Board Special Education Advisory Committee and the School Budget Advisory Committee. I had had no involvement in local politics nor was I a friend of any Council member. Those of us who were appointed all had long time involvement with the school system. Frankly, while I understand why people would want to elect Board members, I must say the majority of the elected Board members have had far less experience and involvement with the school system. Ironic. But at least elections are infinitely better than closed door appointments.