Judge Rules that City Council's Closed Sessions to Discuss Ward 3 Replacement Were Appropriate
Petitioner Guy Gormley's request for the release of documents related to the process will be taken up next week.
By Adele Uphaus
MANAGING EDITOR AND CORRESPONDENT
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A judge on Wednesday agreed with Fredericksburg City Council’s argument that actions taken in closed session to fill the vacant Ward 3 seat constituted an appointment, not an election, and that the closed sessions were appropriate.
Fredericksburg resident Guy Gormley filed a petition last week seeking to block City Council from going into closed session to discuss filling the vacancy and to compel the release of applications, notes, and interview questions related to the vacancy.
Gormley’s attorney, Andrew Bodoh, argued that when Council held a closed session to select from 14 applications to fill the Ward 3 seat vacated late last year, what they did constituted an “election,” and therefore is not covered by the exemptions to open meeting requirements listed in state Code.
However, attorneys for City Council argued in their objection that it was not an “election,” but an appointment, which can occur in closed session, according to Code. Gordon Willis, presiding judge of Fredericksburg Circuit Court, agreed with Council’s interpretation and granted the demurrer request.
The second part of Gormley’s petition, seeking a “writ of mandamus” compelling the release of applications, notes, and interview questions, will be taken up next week. Bodoh and Gormley were prepared to present evidence on Wednesday supporting their request, but Council’s attorney asked for a continuance, which Willis granted.
The City released the resumes and applications that it had previously been withholding on February 13, the same day Gormley filed his petition. In court on Wednesday, Council’s attorney said this was not an acknowledgement of having violated the Freedom of Information Act by not disclosing them, but rather a reflection of public interest in the documents.
Willis asked Council’s attorney if she was suggesting that continuing the hearing until next week would result in some of the other issues brought up in Gormely’s petition being resolved.
“No, but I’m not ruling that out,” the attorney said.
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