Augusta Supervisors to appeal impending FOIA civil lawsuit order on closed session recording
VERONA – The Augusta County Board of Supervisors is appealing its expected civil lawsuit loss.
“I’ll use a phrase one of our board members uses — I’ve heard a lot of stuff on the street,” said Supervisor Gerald Garber on Wednesday. “One of the things I’m hearing on the street is that there has been a court order entered against us. It has not been — I expect it to be. When it is, I move that we would appeal that decision.”
Garber is referring to the Jan. 17 opinion of Augusta County Circuit Court Judge Thomas Wilson IV in a civil case against the supervisors. Breaking Through Media LLC filed a FOIA request, asking for a copy of the recording of the March 20 closed session of the board of supervisors. After the request was denied, the organization filed a civil suit for the recording.
Testimony in Dec. 21 evidentiary hearing in the case confirmed the discussion was centered around former supervisor Steven Morelli. This section of the closed sessions is exactly what was expected to be released.
“The county will be ordered to provide the tape or recording of the portion of the March 20 closed session involving Morelli to petitioners,” wrote Wilson.
After Garber moved, Supervisor Michael Shull seconded the motion.
Seaton opposed appeal
Supervisor Scott Seaton asked the board how they could sell this as a financial decision to Augusta County voters.
“I’ll tell you how I’d sell it to my district — this is how this started and this is what this crap is costing us,” Garber quipped back.
Seaton recorded the closed session without the other supervisors knowing, a regular practice on Seaton’s part. After learning Seaton recorded the closed session, the board demanded the recordings and censured Seaton. Even after he was re-elected, Seaton remains censured and the board’s new rules formally prohibited closed session recordings.
In response to Garber, Seaton noted he recorded them for his own benefit and the county requested them, putting the board in “this situation.” However, the Breaking Through FOIA was submitted to Seaton himself, as it was a record he created while serving in his official capacity while working on county business.
County Attorney James Benkahla answered several of Seaton’s questions, saying he “thought” the county’s defense counsel was “$250 an hour” and that insurance was not covering the legal fees in the case. In Wilson’s opinion, the judge wrote Breaking Through could be awarded attorney’s fees in the impending order. Benkahla did not have an estimate on this figure.
“Tonight, if we’re asking to appeal, we’re asking to appeal to an unknown cost to our taxpayers?” asked Seaton.
“If there’s an award of attorney’s fees and if the appeal goes up and the county loses, that’s a potential, yes,” replied Benkahla.
“Would it be substantially more?” Seaton asked.
“I would imagine,” Benkahla confirmed.
The board voted to appeal in a six to one vote, with Seaton voting against.
Lyra Bordelon (she/her) is the public transparency and justice reporter at The News Leader. Do you have a story tip or feedback? It’s welcome through email to lbordelon@gannett.com. Subscribe to us at newsleader.com.
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This article originally appeared on Staunton News Leader: Augusta Supervisors to appeal impending FOIA civil lawsuit order
