Albemarle's FOIA Law-Breaking and Governmental Mumbo-Jumbo

Try following meeting discussions of the Albemarle Board of Supervisors without being able to see the documents the Supervisors see. It’s nearly impossible to do — whether seated in-person in the Board’s meeting room or watching via live video streaming at home.

This has been happening way too frequently with the current Board and is a violation of state law. It occurs because County Executive Tom Foley and his staff don’t provide the public with access to the same documents the Board members possess at meetings. Some of the materials in Board members’ possession go up on the projector screen, but not all.

A perfect example is the recent seven-page document of Tier 1, 2, and 3 priority-based budgeting objectives for FY2017-FY2019. Supervisors had these in their possession at their September 14 meeting, but we, the public, didn’t. We, who will be paying for these millions of dollars worth of “priorities,” could not see nor read them contemporaneously with the Supervisors as they discussed them.

The Virginia Freedom of Information Act requires that at least one copy of eligible public documents be available to the public “at the same time” that public officials get them.

Here’s the exact Code section and language:

§ 2.2 - 3707. Meetings to be public; notice of meetings; recordings; minutes.

F. At least one copy of all agenda packets and, unless exempt, 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.

If found guilty of “willfully and knowingly” violating this requirement, the penalty is a fine of between $500 and $2,000 paid into the State Literary Fund. The fines for subsequent violations can be as much as $5,000.

It’s time for Tom Foley and his staff to get right with state law or for a judge to order them to start funding the Literary Fund.

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Now for the mumbo-jumbo half of this blog post.

Often, many of the documents provided to the Board members and to the public by Mr. Foley and his staff are governmental jargon at best and undecipherable bureaucratese at worst.

A perfect example comes, once again, from the afore-mentioned priority-based budgeting documents of September 14. They are entitled “Proposed 2-yr Action Objective[s].”

"By May 2018, Board adopts complete recodification of the Zoning Ordinance to improve clarity and encourage by-right implementation of desired urban land use form."

What does this even mean? How dare Tom Foley and his staff use the word “clarity” in such unclear writing.

Here’s another:

"By December 2017, increase partnerships and incentive options that will promote desired business development/expansion."

We’re supposed to accept this as an “action objective?” Where’s the measurability?

“Increase?” By how much or how many?

“Options?” What kinds?

“Desired?” What “desires?” Whose “desires?”

Suffer along with me for just one more example from seven pages of such scripted ambiguity:

"By January 2019, increase support for planning efforts and improvement actions to address neighborhood level needs."

Do Tom Foley, at $3,500 per week in compensation, and his well-paid staff really expect us to endorse that sentence as an example of clear writing and a specific, identifiable, measurable objective? It reads more like a blank check empowering Albemarle County government to do whatever it wants, wherever it wants, with whatever amount of money is taken from us!

It’s way past time for Tom Foley and his staff to provide Albemarle taxpayers with specific, measurable goals that can be understood — and prior to payment.

Too bad Virginia Code doesn’t have a section requiring clear writing and a system of fines for government employees who can't — or won't — do so.

[NOTE: The Albemarle Supervisors will be discussing these priorities and objectives during a meeting that begins at 9 a.m. this Thursday, September 29. It will be interesting to see if ALL materials are available to ALL of us at the same time the Supervisors get them and whether we will be able to understand all, part, or any of what’s written.]