Bill Moody
PORTSMOUTH, Va. - Circuit Court Judge Catherine Hammond ruled that Portsmouth City Council violated the Freedom of Information Act when fining Councilman Bill Moody back in January.
Back on December 8, 2015, Moody published an announcement on Facebook that Council would discuss, in closed session, "our Confederate War monument as it pertains to the Danville Case."
The post read:
"Was informed that our confederate war monument will be discussed in closed session tonight as it pertains to the Danville case. Appears that the issue of removing it is still in play."
Judge Hammond writes that several council members were frustrated and disagreed with his announcement, and a majority wanted him to limit his public comments about matters that "might be protected by attorney-client privilege." She continues, "However, council did not vote."
During a closed session on January 12, 2016, Moody was handed a letter by Mayor Kenny Wright, signed by five council members on official letterhead, fining him $1,500.
Judge Hammond writes that the Mayor had prepared the letter before the meeting with assistance of the City Attorney and circulated the letter for signatures just before handing it to him.
Councilman Moody sued the city back in April, saying that council violated the FOIA when he was fined.
Judge Hammond wrote in her opinion that "the decision to sign and deliver the January 12, 2016 letter to Moody required a vote in an open meeting of Council." She continues, "The fact that they offered to wait seven days before doing more does not change the fact that they decided to take action to discipline Moody. When they communicated their decision in an official letter, signed by five out of the seven members, and did not call for a vote in open session, they violated the Freedom of Information Act."
Councilman Moody tells News 3 that he was pleased with the outcome.
"I think it was good news for anybody who supports open government and transparency," says Moody. "Hopefully we can get beyond this as a council and do the work that we were elected to do."
Moody's attorney, Kevin Martingayle, says now that they have the judge's ruling, he hopes to work out a reimbursement for Moody for legal fees and costs, a discussion about what the five council members will face for violating the Freedom of Information Act, and how to prohibit something like this from happening again.
Both Martingayle and Moody say they hope to settle those items out of court.
