Supervisor Cain challenges legality of July retreat-turned-special meeting; board approves minutes

Supervisor Cain raised a formal objection during the Sept. 2 meeting, saying he had been notified of a retreat and not of a special called meeting and that, in his view, the rules for special meetings under the Virginia Freedom of Information Act (FOIA) were not followed. "You cannot have a special call meeting unless every board member is contacted," Cain said, noting he received a call from the county attorney rather than the clerk and that he did not receive the notice he expected.

County Attorney Russell Slayton responded that there is no requirement for three business days'notice for a special meeting where all members are present and that attendance by all members effectively waives notice. "If everyone shows up, they've waived a notice," he said, and added he had emailed a memorandum citing Virginia law. The county attorney offered to follow up with whoever Cain had contacted in Richmond.

The nut graf: Despite Cain's objection about the form of notice, the board considered the separate procedural question of approving minutes. The county attorney and staff emphasized that approving minutes is a distinct act from litigating the legality of how a prior meeting was convened. Board members moved to approve the minutes of the July 8 and July 9 retreat/special meeting and then took a roll-call vote; the minutes were approved, with Supervisor King recorded as voting no.

After the vote, the county attorney said he would address remaining questions if Cain provided the contact he used in Richmond. The board proceeded with other business.

Record: The minutes for the July special-call/retreat meeting were approved by roll call; Supervisor King voted no, the remaining members voted aye.