POSF Inc. ruled subject to FOIA law in Chappell-White civil suit – ‘However’ evidence lacking for finding of violations

After over two hours of testimony, defense objections to much of that plaintiff testimony as hearsay or irrelevant, and arguments on the legal status of the Property Owners of Shenandoah Farms Inc. (POSF) regarding its necessity to comply with the Virginia Freedom of Information Act (FOIA) law regarding its role in management or potential management of Farms Sanitary District projects, Warren County General District Judge Michael Helm offered a two-phased decision. First, he ruled that the POSF was functioning as a public entity subject to FOIA law related to its expenditure of Sanitary District fees collected by Warren County as tax revenue.

“Point” to plaintiff and Farms resident Melissa Chappell-White, who brought the civil complaint seeking an injunction against the POSF acting in any business management function in the Sanitary District. Her civil court filing also sought significant financial penalties against POSF board members, ranging from $500 to $2,000 per alleged FOIA violation.

“However,” the judge continued in ruling that the plaintiff had produced no substantial evidence in support of her alleged FOIA violations, including POSF “secret meetings” and non-FOIA compliant motions into closed sessions. Judge Helm elaborated that the plaintiff had submitted no evidence that she, or anyone, had submitted a FOIA request to the POSF that had not been responded to by FOIA law or that evidence of such requests was absent from her filing.

“Game, set, match” to the Property Owners of Shenandoah Farms Inc. and its board, represented in court Wednesday, May 11, by current Chairman Ralph Rinaldi, Treasurer Bruce Boyd, and Office Manager Lisa Blansett. However, only Rinaldi was called to testify for the defense by POSF defense attorney Kayla Humenick.

Melissa Chappell-White and Ralph Rinaldi presented varying viewpoints on the past and future of Shenandoah Farms Sanitary District management at the March 29th meeting of the Warren County Board of Supervisors, as they did again in the WC Courthouse on May 11. Royal Examiner Photos by Roger Bianchini.

Chappell-White, a retired attorney, represented herself and was the only witness called for the plaintiff. That call led to Chappell-White’s detailed review of paperwork she submitted with her civil complaint. Some of that paperwork upon which her case was built were meeting minutes, including both POSF and County Board of Supervisors meetings related to a recent initiative by the POSF to terminate a 2011 Sanitary District Management Agreement in which direct management of maintenance projects by the POSF was handed over to the County just over a decade ago, with a right of termination by either side with 90-days notice.

As to her allegations of illegally convened POSF meetings without proper notice, Judge Helm pointed to the only evidence the plaintiff provided. That evidence was a lack of knowledge of the POSF meeting schedule by the plaintiff and what she cited as 7 or 8 Farms’ resident allies who attended a March 29 County Supervisors meeting at which the POSF management agreement termination initiative was publicly presented by Rinaldi. The only way she and several other Farms citizens knew about the presentation was a call from one of the supervisors alerting her to it the day prior, Chappell-White testified.

However, Rinaldi testified that the POSF’s regular meeting schedule for the year was published a month or two prior to the start of that coming year. He also told the court that notice of special meetings were posted on the window of the POSF headquarters a number of days prior, as he understood was legally required. The judge ruled it appeared the POSF was FOIA compliant with meeting notices, based on Rinaldi’s testimony and a lack of contradictory evidence from the plaintiff.

Asked on direct examination if the POSF Board had “ever held a secret meeting,” Rinaldi replied, “That has never happened since I’ve been on that board.” Rinaldi has been on the board for over a decade.

Of plaintiff references to too-vague motions into closed sessions at POSF meetings, the court again cited a lack of verifiable evidence. After noting a shift in the burden of proof in the context of civil litigation in prefacing his decision, Judge Helm observed, “I don’t have evidence to show a willful act to hide their agenda – a lot of speculation is all I have.” Consequently, without more substantial evidence, the court ruled for the defense in dismissing the plaintiff’s requested injunction to prohibit POSF from “Conducting any business involving the Shenandoah Farms Sanitary District” based on a history of FOIA violations. And with no FOIA violations haven been proven, the plaintiff’s seeking of relief in the way of financial penalties being imposed on POSF board members was dismissed as well.

With a right to appeal the decision having been noted by the judge outside the courtroom, Royal Examiner asked Chappell-White for a reaction to the court’s decision.

“I think the court had reasons for what it did – it’s not worth appealing. I accept the court decision,” she replied. She added that she believed a positive function from her civil filing had been achieved. “I think many lessons have been learned,” she said of a raised awareness by the POSF Board of Directors as to the heightened necessity of FOIA compliance and record-keeping of that compliance regarding Sanitary District business and the use of Sanitary District fees for road, facilities, and other maintenance projects.

But as to the future of Sanitary District project management, as previously reported by Royal Examiner, the county’s elected board has instructed the county administrator to advertise for citizen applicants to a Shenandoah Farms Management Advisory Board. So, it may be that while Chappell-White’s hope of halting the POSF retaking of Sanitary District project management authority wasn’t achieved in the Warren County Courthouse this week, it may be getting more traction within the halls of the Warren County Government Center.

Chappell-White may be getting more traction for her perspective on a desired future of Shenandoah Farms Sanitary District management at the WCGC, below, than she did this week at the county courthouse.

Other than expressing some relief, Rinaldi initially declined comment on the civil court rulings pending further discussion with the POSF’s legal counsel.