The Observer Newspapers | Closed Meeting a Disservice

July 25, 2008

Closed Meeting a Disservice

By Christopher L. Moore
Observer Editor

The Herndon Town Council has announced a special meeting next week to discuss with its legal advisors and the federal government whether the agreement that governs the town's ability to enforce federal immigration laws should be changed.

It is a disservice to the citizens of the town that this meeting will not be held in open session.

The Town Council may hold closed meetings for a variety of reasons under the Freedom of Information Act, especially when open disclosure of the discussions at the meetings would compromise the town's ability to govern effectively.

Discussions with the town attorney about how to handle a particular issue, for example, are appropriate for closed meetings. The Town Council holds closed meetings to discuss the job performance of high-ranking town staff members, and to discuss how best to approach the sale or purchase of town land.

Opening those meetings to the public would be inappropriate, and those meeting are rightly allowed to be closed under Virginia law.

But in general, debates about policy that come before the Town Council should always open to the public, and the discussion about whether to change the town's Memorandum of Agreement with the federal government regarding the 287(g) authority for the town police is a discussion about policy changes.

The 287(g) program has been controversial across the nation, and it was no less controversial in Herndon when it was discussed and enacted last year. The public debated at public hearings and letters to the editor the issue of whether the town should participate in the programs, in which officers are trained by the federal government and authorized to begin deportation proceedings for illegal immigrants arrested in Herndon.

At issue with the recent proposal to change the MOA is an acknowledgement by the Bureau of Immigration and Customs Enforcement that it does not have the resources to take action against illegal immigrants who are convicted of minor crimes. ICE has said it wants to change the MOA to eliminate the town's authority to begin immigration proceedings for illegal immigrants who are convicted of lesser offenses.

For sure, ICE has its own reasons why it wants to discuss the matter with the Town Council in private. A public discussion could reveal details about how the secretive agency operates. In particular, it could reveal how ridiculously under-funded the agency is and how ineffective it is at enforcing federal immigration law except in the case of high-profile criminals.

But the Town Council should put the rights of its citizens first, and demand that the discussion take place in public.

In calling the closed meeting, the Town Council has invoked its right to confer with its legal advisors in private. But the meeting as planned may involve a presentation by ICE officials about the MOA and the 287(g) program. If any private meeting is needed between the Town Council and its legal advisors in order to gain greater insight in how the MOA should be changed for the betterment of the town, it should take place between the Town Council and its legal staff alone, and not include officials from ICE.

The town has also cited its ability to hold closed meetings to discuss "actions taken to respond to a threat to public safety." But the debate at hand is how the policy should be set for Herndon officers to perform their duties on the street. What does not need to be discussed are operational details of police work which might compromise the police department's ability to catch criminals.

For example, the debate about whether to make an action illegal should take place in the public forum. The discussion about how the police department should enforce the law should take place within the police department.

In any case, the Town Council is not likely in a position to negotiate with ICE over the MOA. It seems like the federal government has changed its tune and is telling Herndon how its 287(g) authority needs to be adjusted to benefit the federal government.

Whatever the result of this closed meeting next Tuesday, the Town Council should publicly disclose any proposals to change the MOA before the new agreement is finished, and it should seek public input on how the town should proceed with its 287(g) program in the future.