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Supervisor declines media interviews except at meetings
BY JAMES JACENICH • STAFF WRITER
 | | Highland supervisors held their first meeting of the year Jan. 2. Pictured (l-r) are supervisor Robin Sullenberger, county administrator Roberta Lambert, chairman Jerry Rexrode, vice chairman David Blanchard and county attorney Melissa Dowd. (Recorder photo by James Jacenich) |
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MONTEREY - "I have had calls from the editor of the paper, The Recorder," Highland County supervisor Jerry Rexrode told the board last Wednesday. "I don't trust them all that much. I made an offer. We have a public comment session - they can ask questions of this board or me at a public meeting. I feel uncomfortable giving them interviews."
"From a legal standpoint, the spokesperson of the board of supervisors is presumed to be the chairman," said county attorney Melissa Dowd. "In the years I have been associated with the board of supervisors, each board member has been careful not to speak on behalf of the entire board unless authorized to do so by the board. The board can delegate a spokesperson. There aren't any hard and fast rules about talking to the press. It's your personal preference and choice."
Highland's board of supervisors does not have a designated spokesperson to respond to questions from citizens.
"I reserve the right to express my personal opinions at any time," said supervisor Robin Sullenberger. "That is not a statement of the intent of the whole board. I am not muzzled. That's my personal preference."
Dowd continued, "I know that (former supervisor) Lee Blagg felt he had a muzzle on during the last half of his term. I will be the first to say I put that muzzle on him as a consequence of lawsuits. If public discourse is real important to this community - and it is very important to me - I will not ask that you repress any thoughts or comments unless it is in the board as a whole's best interest."
"I'm concerned (limiting press interviews to public comment periods) will draw out meetings," said supervisor David Blanchard. "You are opening a Pandora's box … (but) I respect what Jerry is saying."
Sullenberger said, "There are challenges to meeting frequently. It is important for us to recognize that any gathering of the two of us is a board meeting. It isn't possible to avoid each other. It's not practical. The issue is what that conversation consists of."
Highland's three-member board is at a disadvantage for private conversations under Virginia's Freedom of Information Act. The law in this case stipulates that two Highland supervisors constitute a quorum of the board - and they are therefore governed by the act as a public body.
Two Highland supervisors may attend the same social function together, for example, but not talk about county affairs as a board quorum.
"You have to do the public's business in the presence of the public," Dowd told the board.
"That's why I'd rather have you two hear what I am asked and what the answers are, so it's very clear and there is no misunderstanding the way I answered," Rexrode said.
Nothing in state law requires a public official to answer questions posed by the public except for document requests. Nothing requires an official to speak to any individual or group of individuals.
The county's public hearing and citizen comment rules of procedure allow citizens to speak at a meeting, and allow individuals five minutes per speaker, per meeting. The rule says, "The public comment period is an opportunity for citizens to address the board concerning the services, policies and affairs of the county." The rule does not say the board is required to answer questions posed by citizens during a public comment period or at any other time.
Recorder publisher Anne Adams said this week she is disappointed with Rexrode's decision.
"There are only three supervisors for Highland County, and having a third of the board limit public discourse with media representatives to a fiveminute period once a month does a real disservice to those who elected Mr. Rexrode, and the county at large," she said. "The Recorder serves as a source of information for more than 90 percent of county households, and the great majority of those citizens do not attend board meetings.
"If Mr. Rexrode does not feel comfortable with media interviews," she continued, "I will respect his wishes and bring our questions to board meetings. The Recorder will have a month's worth of questions at each meeting, and I hope Mr. Rexrode, as board chairman, will grant some leeway on the five-minute limit. As county attorney Melissa Dowd pointed out, the board is free to appoint a spokesperson. Perhaps Mr. Rexrode will reconsider the board's three-year gag on Ms. Dowd, who has been under orders from the supervisors not to speak to The Recorder on the board's behalf without a supervisor's permission, and once again allow her to speak for the board in appropriate circumstances."
Adams said citizens who have questions that cannot be addressed by The Recorder to Mr. Rexrode before a public comment period will need to contact him personally. "I encourage our readers to call or visit Mr. Rexrode directly if they need information before he allows questions each month to be brought by the newspaper," she said.
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