Comments on: Town Keeps Sewer Rates Secret in Violation of State Code

By: Joy Pelletier

Joy Pelletier — Mon, 30 Sep 2013 14:59:59 +0000

For those of you who profess the Town withheld information from the Public, please read section 2.2-3704 of the Virginia Freedom of Information Act. Once the packets are delivered to Council, anyone can visit the office to request a copy of the packet. The Clerk has five days in which to respond. For those who wanted the information available on the web or have standing requests, as long as the information was made available within five days the Town Administration did its job. Ms. Pelletier is confusing a general request for public records under the Freedom of Information Act (click here to read) with the Virginia law requiring that information be made public at the same time it is provided to members of a public body. The law was quoted in the story above, along with a link to the full Virginia code. To emphasize, the law states that "all materials furnished to members of a public body for a meeting shall be made available for public inspection at the same time such documents are furnished to the members of the public body." An important distinction between this law and a FOIA request is that a public body is required under law to be PROACTIVE regarding information packets by making the information available immediately -- whether or not anyone asks for it. FOIA law is necessarily REACTIVE; that is, the governing body does not have to provide any information unless asked, and when it is asked, has at least five days to gather the information. --EDITOR

By: Wayne Creed

Wayne Creed — Wed, 25 Sep 2013 14:31:10 +0000

Given this is a work session vs. a meeting, not sure how this actually shakes out, but this appears to be an attempt to supply more kerosene to the torches and pitchforks swarming about Mr. Panek and the PSA. An agenda was posted here: http://www.capecharles.org/documents/20130925-TCWorkSessionAgenda.pdf, and outside of that, given the hysteria being generated over the specter of having to pay for waste water management in the most environmentally sensitive area in the state, I’m not sure I would have done much more than this either.

Any gathering of three or more Council members to discuss Town business legally constitutes a “meeting” under Virginia law. –EDITOR

By: Larry Beckett

Larry Beckett — Wed, 25 Sep 2013 14:08:52 +0000

Clearly, [Town officials] have sided with the money interest. “Shame” is inappropriate here. Prosecute, prosecute — are they above State Code?

By: Antonio Sacco

Antonio Sacco — Wed, 25 Sep 2013 13:15:29 +0000

Shame!

By: Deborah Bender

Deborah Bender — Wed, 25 Sep 2013 09:59:20 +0000

So if I understand this article correctly, and I think I do, the town withheld this information from the public so that citizens and the BOS would be “in the dark” when discussions about the sewer pipe were held by the board of supervisors this past Monday night. I really feel that most of the town council and both assistant town manager Bob Panek and town manager Heather Arcos need to be replaced immediately!
THIS HAS GOT TO STOP. Every tax paying citizen in this town needs to stop and think whether or not this is acceptable!

By: Larry Beckett

Larry Beckett — Wed, 25 Sep 2013 06:35:17 +0000

What are the penalties for this and other violations committed by the governing body of Cape Charles? And why hasn’t any one of those violators been prosecuted and or removed from office?