Citizen FOIA timeframe exemption claim against POSF denied, hearing continued to May 11 on allegation of FOIA violations

Long-time Property Owners of Shenandoah Farms (POSF) Board critic Melissa Chappell-White has added a FOIA violations complaint to her list of alleged failures of the organization. In fact, during a hearing on her complaint in Warren County General District Court on Wednesday, May 4, Chappell-White alleged to substitute Judge Ian Williams that the POSF had failed to comply with what she interpreted as a FOIA timeframe requirement for a response to her filing.

Current POSF Board Chairman Ralph Rinaldi told the court his wife has signed for receipt of the paperwork the morning of the previous day, Tuesday, May 3rd, and he had first seen it later that afternoon. Judge Williams noted that normal FOIA response requirements alluded to 7 days for a provision of requested materials with an “at least 3-day” variable on what appeared to be referenced as notice of receipt of the FOIA filing.

Chappell-White told the court she didn’t believe the referenced timeframe applied in her filing. Asked why by the court, Chappell-White could provide no statutory support for her contended exception. Citing potential “extensive penalties” related to her complaint, Judge Williams noted that the defendant was “entitled to something” in the way of a timeframe to reply to the allegations and prepare a legal defense to the assertion of non-compliance she appeared to be making, adding, “I want to give it to them.”

In an attachment to her petition in addition to asking for payment of her costs, Chappell-White asks for civil penalties of $1,000 for each of what she alleges were “improperly closed meetings” and civil penalties of $500 to $2,000 against “each officer, employee and member (of the POSF) for each and every willful violation” of FOIA law.

With these legal variables facing the POSF and its chairman present representing his board less than 24 hours after having received the Chappell-White filing, after consultation with the court clerk, the hearing was continued to Wednesday, May 11th at 11:15 a.m. Williams noted he would not be in court that day, with the hearing likely held in front of Judge Michael Helm in the wake of the recent retirement of Judge W. Dale Houff.

A hearing on a FOIA non-compliance complaint against the Property Owners of Shenandoah Farms (POSF) will return to the Warren County Courthouse this coming Wednesday, May 11, nine days after the POSF chairman was served notice of the complaint. Royal Examiner Photos by Roger Bianchini

Queried about the allegations outside the courtroom, POSF Inc. Board Chairman Rinaldi said all the regular POSF meetings are held on a publicly posted schedule, with any special meetings advertised at POSF headquarters, which by his understanding met legal requirements for meeting notices.

Chappell-White, along with a couple of other prominent POSF critics, have noted they have elected not to become involved with the POSF as members and generally do not attend POSF meetings to give input on POSF perspectives in an advisory role to Warren County on the management of the Farms Sanitary District since 2010/11. Prior to that the POSF had managed the Sanitary District in conjunction with the county government since the Farms Sanitary District inception in 1995.

Chappell-White’s filing asserts that: “Most recently, POSF Inc’s actions have violated the rights and privileges of the taxpayers of the Shenandoah Farms Sanitary District (SFSD), including petitioner Chappell-White, by planning in secret to try to take over management of the SFSD without giving notice of its intentions and opportunity for SFSD taxpayers to become informed or participate in the decision-making process. Respondent met secretly to develop its plan, and even kept secret its intention to present its plan at a Board of Supervisors meeting on March 29, 2022.”

Background

In the wake of the POSF Inc.’s notice to the county government that it wished to terminate the 2011 management agreement, effective at the end of this fiscal year, the Warren County Board of Supervisors has accepted that notice per conditions of that agreement. And while POSF critics have claimed credit for that 2010/11 County management takeover, Rinaldi noted that POSF leadership at the time, including him, approached the County about taking over management responsibility due to the amount of money involved.

According to County Administrative Office records, of 1,762 surveys distributed to Farms residents in December 2009 regarding the future of the Sanitary District’s management, only 252 (14.5%) were returned. Of that less than 15% response, 66.2% favored a change in management away from the POSF, with 82% of that majority favoring the County taking over. The primary reason cited by supporters of a change was the size of the sprawling Sanitary District requiring a larger management entity’s oversight.

Melissa Chappell-White is alleging FOIA non-compliance in the calling of POSF meetings and closed sessions to discuss legal matters as the move to alter the 2011 Farms Sanitary District Management Agreement approached. Current and past POSF Chairman Ralph Rinaldi, below at the same March 29 BOS meeting Chappell-White is pictured at above, has a different perspective. Those dueling perspectives are headed toward an eventual courthouse clash.

It appeared the POSF anticipated retaking the Sanitary District Management lead in the wake of County financial reporting lapses and the submission of higher road improvement project cost estimates than the POSF was finding over the past year. However, at its meeting of May 3rd, the board of supervisors instructed the county administrator to advertise for Farms residents applications to a Sanitary District Management Advisory Board. Rinaldi has said he feels the current POSF Board is more qualified for the management role than he felt it was in 2010/11.

However, it remains to be seen how many current POSF board members will feel compelled to apply for those Advisory Board positions after being rejected as group, apparently without notice, from the county government.