New rules of order adopted by Augusta Board of Supervisors

The Augusta County Board of Supervisors considered three and approved two new rules of order on Wednesday. Each new rule emerged out of disagreements between the board members in 2023.

The rules of order from the year before served as the foundation for this year’s rules.

Ties mean failure

The board considered the rule settling tied votes separately from the rest of the rules of order. According to the rules passed last year, any motion that results in a tie fails. As explained by administer Timothy Fitzgerald, the citizens of Augusta County could vote in a tie-breaking member to the board, but that is not “traditionally” been the board’s policy.

Newly-elected Vice Chair Pam Carter moved to keep the tie vote failure policy in place, and the board unanimously agreed to the rule. Of note is Carter serving as a makeshift tie-breaker vote for her nomination to be vice chair earlier in the same meeting.

Board prohibits closed session recordings

Carter also moved to restrict the recording of closed session meetings. Although the previous rules state closed session meetings "are strictly confidential and should be repeated to no one," recording was not directly addressed. This rule change reflects an ongoing controversy – Supervisor Scott Seaton was censured for recording closed session meetings in 2023. Seaton remains censured by the board.

“I would like to add a number 15, based on this year’s occurrences,” said Carter. “I would like to add that no recording or transmitting devices will be permitted or allowed to be used in closed session.”

Seaton objected to consideration based on the Virginia State Code, saying the board cannot override state law. Seaton cited § 2.2-3712. I, “Minutes may be taken during closed meetings of a public body, but shall not be required. Such minutes shall not be subject to mandatory public disclosure.”

County Attorney James Benkahla disagreed, saying he does not "interpret that as a right to record” the closed session meetings.

Seaton then cited § 19.2-62. B2, “It shall not be a criminal offense under this chapter for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.”

“That means it’s not a criminal offense, but that doesn’t mean the board can’t set its own rules. That’s my opinion,” Benkahla said.

Supervisor Carolyn Bragg offered an amendment, calling for another rule to be added.

“Any violation of these rules may result in disciplinary action,” explained Bragg.

Bragg did not include any further description of the potential disciplinary action. Supervisor Michael Shull, who served as chair during Seaton’s censure, seconded the amendment.

The board passed the new rules in a six to one vote, with Seaton voting against.

Seaton's closed session recordings are the focus of two Freedom of Information Act lawsuits currently pending in Augusta County Circuit Court.

Seaton's failed rule proposal

Seaton also offered a failed rule change – board members must follow the bylaws on the commission or station they serve on. When proposing the rule, Seaton pointed to Bragg continuing to serve on the Planning Commission after her appointment to the board of supervisors in 2023.

According to the planning commission’s bylaws at the time of her appointment, “the Chair and Vice-Chair shall not be members of the Board of Supervisors nor a member of the County administrative staff.”

In the Planning Commission’s August meeting minutes, Bragg temporarily relinquished the chair position to Randy Harris while the board considered removing the relevant section (3-1) from its By Laws.

Commissioners Kyle Leonard and Larry Howdyshell both vocally supported Bragg in the position. Both, and Commissioners Robert Thomas, all vocally supported changing the bylaws in order to allow her to continue to serve.

Commissioner David Henderson opposed the change, saying the constituents for a district-specific board of supervisors member are different than the constituents served by the chair of the Planning Commission. As documented in the minutes, Henderson explained he has “a great deal of respect” for Bragg, but his concern is “some future supervisor, should they come into this as chair, may not be able to navigate those two roles.”

Leonard moved and the Planning Commission voted five to one to remove the section from the bylaws. Bragg continued to serve as chair after the bylaw change but does not remain in the position today. According to the Augusta County website, Harris is currently chairman of the Planning Commission. Henderson resigned from the commission in September, with no given reason listed in the minutes.

On Wednesday, Benkahla had reservations about Seaton’s rule change, pointing to the other’s boards ability to enforce, or change, its own rules.

“They all have their own bylaws,” Bragg said, agreeing with Benkahla. “Those commissioners and those people in those positions are the ones that make the decision. In this particular case, the people you’re referring to, the commissioners were well aware and made the decision as a body. As a board, to go back and say, we’re negating what your decision was, is overstepping.”

The board voted down Seaton’s proposed rule six to one, with Seaton voting in favor.

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 formally prohibit closed session recordings