Citizen challenges use of closed session for Winton Country Club matter; board enters closed session citing Code of Virginia exceptions

A resident told the Amherst County Board of Supervisors on Aug. 5 that the board had committed at a Jan. 21 public hearing to have legal counsels recommendations presented in public on the Winton Country Club purchase-and-sale matter, and urged the board not to discuss the matter in closed session. John A. Marks Jr., who said he lives in District 5, addressed the board during citizen comment and said the Jan. 21 motion had tabled the matter until all members were present and that the board had sought outside counsel to review current and proposed contracts. He said that made legal counsels recommendations part of the public hearing record and asked the board to remove the item from the closed-session agenda and present counsels report publicly. Board members later moved into closed session. Supervisor Wade moved that the board enter closed session for two limited purposes: consultation with legal counsel regarding the Winton property under section 2.2-3711(A)(8) of the Code of Virginia, and consultation regarding actual litigation involving the Fisher property under section 2.2-3711(A)(7). The motion was approved and the board left for closed session. After the closed session the board reconvened and certified by voice vote that, to the best of each members knowledge, only matters lawfully exempted from open meeting requirements were discussed. Why it matters: The residents comment raised a procedural question about whether counsels recommendations were contractually or procedurally committed to be presented in public; the boards action to enter a closed session under specified Code of Virginia exceptions indicates the board sought privileged legal consultation on the matter. Details: Marks said he submitted a FOIA request on June 3 seeking a copy of the legal counsel report and said he expected the counsels recommendation to be made part of a public hearing as committed at the Jan. 21 meeting. He told the board, I am not interested in what the Board of Supervisors believes that the legal counsel has told them in closed session. I want to hear it from the legal counsel as committed to in the 01/21/2025 motion. Board members did not announce the contents of the closed session on the record after reconvening beyond the statutory certification that only exempted matters were discussed.