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WC Officials Must Turn Over Notes

From staff reports

Weber City officials have been ordered to turn over notes used to write official minutes from a meeting held last year following a judicial decision rendered last week.

Earlier this year, the Scott County Virginia Star sued the Town of Weber City after town officials would not relinquish copies of handwritten notes from a special-called meeting held May 24, 2005 in which two town council members allegedly resigned their seats.

The decision from 30th Judicial Circuit Court Judge John C. Kilgore rendered last Friday granted the newspaper’s request and asked the town to produce the meeting notes. He also decided Weber City will pay the newspaper’s costs and attorney’s fees in connection with the suit.

In June 2005, the newspaper requested copies of the official minutes and any tapes or recordings made during the meeting under the Virginia Freedom of Information Act.

Town officials complied with the initial request but stated the May 24 meeting had not been recorded.

A second FOIA request from the newspaper in August 2005 asked for the notes and any recordings used to compose the official minutes. Weber City officials, on the advice of their attorney, Mike Carrico, did not hand over the disputed notes.

The heart of the request stems over the alleged resignations of Lawrence Carter and Everett Garland at the special-called meeting held in May 2004 where two new police officers were hired by Weber City.

Carter agreed he left the meeting and stated he didn’t want any more to do with the town and was quitting. Garland said he walked out of the meeting but never claimed to be resigning.

Carter said his decision to resign came to a boiling point when the Weber City Town Council without regard for the advice from its attorney voted to hire an uncertified police officer.

Garland has repeatedly said he never resigned but instead just walked out during the meeting.

The official minutes of the May 24, 2004 meeting of the Weber City Town Council state, “Following a verbal outburst, Lawrence Carter resigned from the Town Council. Mayor Dougherty accepted his resignation and told him to submit it in writing.

“Following a verbal outburst, Everett Garland resigned from the Town Council. Mayor Dougherty accepted his resignation and told him also to submit it in writing.

“Mayor Dougherty advised the Council that this type of misconduct was not acceptable from a Town Council member. He also advised the Council to be prepared to nominate two Council members at the June 21, 2005 Regular Meeting to complete the terms of Carter and Garland.”

Weber City officials wasted no time in voting to accept the resignations and filled the two seats with Ronnie McMurray and Mary Lou Roberts.

In February 2006, Sid Rhoton, who represents the newspaper, filed an order asking the court to view the disputed documents and make a ruling whether the items were exempt from FOIA regulations.

All six members of the Weber City Town Council, Edwin Godsey, Garland Stokes, Don Stokes, Fred McNew, Ronnie McMurray and Mary Lou Roberts, Weber City Mayor G.W. Dougherty and Weber City Treasurer Joretta Smith were named in the suit.

No civil penalties were assessed against the Town of Weber City or its governing body.

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