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Martinsville council votes to hold closed-session briefing after debate over forensic audit release
Summary
After debate over whether to release a forensic audit publicly, the Martinsville City Council voted to receive a confidential briefing in closed session, certified the closed meeting on return and asked law firm Sands Anderson to prepare a limited summary of material safe to share with investigators.
Martinsville — The Martinsville City Council on Jan. 8 debated whether to release a forensic audit in open session and ultimately voted to go into closed session to receive legal counsel’s briefing, citing attorney-client privilege and privacy concerns.
The city attorney told the council, “I would not recommend receiving this report in open session,” citing employee privacy concerns and the risk that an open discussion could waive privilege. After discussion and a roll-call vote, the council entered a closed session to hear counsel’s briefing and later certified that the closed meeting was conducted in accordance with the Virginia Freedom of Information Act (Code of Virginia §2.2-3711).
Why it matters: Councilors split between demands for maximum transparency and legal counsel’s advice that some material should remain confidential to protect ongoing parallel investigations. The special prosecutor cautioned that releasing information that interferes with an active criminal inquiry could expose the city to litigation.
Details: During public debate, several council members argued for releasing the audit so residents could see the findings. Other members and the city attorney said the audit was prepared to inform legal strategy and that discussing its contents in open session could compromise attorney-client privilege or harm parallel criminal proceedings. A council member expressed distrust of closed sessions based on past disclosures of allegedly confidential material; the city attorney and special prosecutor urged caution.
The council voted to enter closed session after a motion citing the Code of Virginia exemption provisions listed on the agenda. Upon returning to open session, the council read and approved a certification that only lawfully exempt business had been discussed. The city’s counsel stated that prior council motions authorized providing investigator reports to the Commonwealth’s attorney; counsel confirmed Sands Anderson had just received the final audit report the day before and could now provide pertinent materials to the Commonwealth’s attorney and the Virginia State Police.
The council then approved a separate motion directing Sands Anderson to prepare, within several reasonable days, a summary identifying items the firm considered appropriate to share without jeopardizing parallel investigative efforts. That motion passed on recorded roll call with four 'Yes' votes and one abstention.
What the council did not do: The council did not release an unredacted forensic audit to the public at the meeting and did not vote to publish the full report; instead it moved to obtain and review counsel’s confidential briefing and to have counsel prepare a controlled summary for investigators.
Next steps: Sands Anderson is expected to submit the requested summary to council counsel in the coming days; the council’s prior motions and counsel’s statements indicate the firm will also provide pertinent printed materials to the Commonwealth’s attorney and Virginia State Police as authorized. The council adjourned after completing those items.
