Closed Session Attracts Media Objections

As Fredericksburg city leaders have been narrowing down choices for a new downtown court facility, a small but vocal chorus of voices have been critical of the mix of closed and open sessions used by City Council to evaluate the proposals. So far, that chorus has included the usual suspects - op-ed writers and aspiring city councilors. But last night, Free Lance-Star city beat reporter Robyn Sidersky added her voice to that chorus, filing an objection with the City Council after it voted to enter closed work session to discuss confidential aspects of the courthouse bids. 

"As I understand it, the exemption you are using is designed to protect the confidential of those seeking to build the courthouse," said Sidersky to members of the City Council as she read from a prepared statement. "Your job, as we see it, is to represent the people of Fredericksburg."

"We respectfully disagree with your position," said Mayor Thomas Tomzak after Sidersky concluded her statement.

At-large councilor Kerry Devine said that the confidentiality protects the interest of the public, a nod to the argument that the closed sessions are designed to protect the bargaining position of a locality involved in a procurement process. 

"It will result in the meeting of the needs of the public in the best possible way," said Devine. "The people remain, absolutely, the beneficiary of this process."

Ward 1 Councilor Brad Ellis said that there is still ample opportunity for the public to comment on the courthouse proposals. 

"Everyone knows we are down to three," Said Ellis. "I'm sure we'll have discussions around the horseshoe about that."

After the meeting Sidersky said that she did not intend her objection to be an attack on any members of the city administration. 

"I think they know it's not personal...they know what our job is," said Sidersky. "They know we want to cover this and get all the information possible."

Objection Highlights Competing Media, Government Interests

But Sidersky's objection comes in the middle of a public-private design/build bid process which staff and elected officials within the city administration say is one of the most open in Virginia history since the Public-Private Education and Infrastructure Act of 2002 was passed. City staff point to the availability of the majority of the courthouse proposal details online, the public presentation of the courthouse proposals and other open session discussions on the issue, saying that the only confidential aspects of the proposals and the bids so far are proprietary information. 

The PPEA bid process lays out a legal framework which gives Virginia government bodies a bit of latitude in how much information on the bids can be disclosed before a contract is signed. City officials such as Fredericksburg Parks, Recreation and Public Facilities Director Bob Antozzi have said that Fredericksburg has charted out a bid evaluation process which is much more liberal in its pre-contract disclosure than other localities have previously attempted. 

After the meeting City Manager Beverly Cameron said that if one has doubts about the transparency of this bid process, they should ask the design/build teams themselves. 

"They have competed in PPEA processes all over the commonwealth and I think they will verify that the process here has indeed been very open and very transparent," said Cameron, who emphasized that any confidentiality at this stage of the negotiations was necessary to protect the city's bargaining position. 

"We are trying to get through the final steps of a procurement process," said Cameron. "A lot of the issues that have been discussed relate to costs and relate to how we are going to move forward with choosing the highest rank vendor."

Ward 2 Councilor George Solley underscored that sentiment saying that there are elements of the discussion that would be detrimental to the city if they were done in the public light.

"Just as with any business negotiation, some of it has to be done in an atmosphere of confidentiality until a deal is struck," said Solley after the meeting. "We are in the process of trying to get the best deal we can for the city, and unfortunate as it may be, it is best for the city if some of that is made private."

Mayor Tomzak said that those who complain about the closed sessions to discuss the court project doth protest too much, he thinks.

"Mr. Kelly is against it, he's running for political office, so this is one of those things he's trying to make hay out of," said Tomzak, referencing former City Councilor and current local activist Matt Kelly (also an unofficially announced candidate for next year's at-large city council elections). A longtime opponent of the new courthouse project, Kelly has labeled the courthouse bid evaluations as needlessly secretive.

Cameron takes issue with the secretive label.

"It's an unfounded perception that, for whatever reason, is being advocated by certain members of the community who in large part simply object to project," said Cameron. 

Solley also has been critical of a perception of excessive secrecy conjured up by media outlets, in particular the editorializing of the Free Lance-Star. 

"The Free Lance-Star has its own priorities, it is a media outlet. A media outlet has more to report if it has more to see and if it knows more. Its interest is, naturally, to have the most information available so they can report it," said Solley, adding that such tension is understandable, but cautioned that the FLS could be putting its business interests ahead of the public interest. 

"The best interests of the citizens of Fredericksburg are what is at stake," said Solley. "Not the interests of the media itself."