RESTON, VA — Bob Sledzaus resigned as the chairman of the Reston Community Advisory Committee on May 23, citing Fairfax County Police Chief Kevin Davis’ decision to prohibit the recording and livestreaming of committee meetings.
Each of Fairfax County’s eight police stations has its own CAC, which are meant to enhance communication between the department and county residents. The Chief’s Community Advisory Council serves a similar function.
On April 25, Sledzaus received a letter from Davis stating that virtual/hybrid CAC and CCAC meeting attendance would be permitted only until Sept. 1. After that date, virtual/hybrid links will be hosted and distributed by the district commander or their designee. In addition, the recording or live-streaming of Community Advisory Council meetings will be prohibited.
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In his letter, Davis explained that both councils operate under the authority of the Fairfax County Police Department.
“I have the authority to structure meetings and associated rules,” Davis said, in his email. “Thanks to the historically productive nature of these CCAC and CAC partnerships at Headquarters and our eight District Stations, respectively, our meetings remain a cooperative effort that include a cordial atmosphere where ideas and concerns are exchanged in a conflict-free and welcoming environment.”
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Davis’ new rules, according to Sledzaus’ letter, were based on the premise that several members attending Reston Community Advisory Council meetings were uncomfortable with the meetings being livestreamed or recorded.
“This, however, remains simply a premise — unsubstantiated, despite repeated requests for substantiation,” according to Sledzaus, who added Davis’ new restrictions violated the county’s One Fairfax Policy in terms of equity and transparency.
In his resignation letter, Sledzaus quoted from the 5 Key Equity Drivers on the county’s website:
“All people in Fairfax County are entitled to expect that their law enforcement and other public safety departments provide service consistent with the roles defined for them through community involvement and input, and that they should to do so in a manner that is fully transparent and accountable to the public, ensures through implicit bias and cultural competency training that all persons are treated equally and that racial, cultural or other profiling does not occur, and prevents the excessive and unnecessary use of force.
To follow Davis’ new requirements, Sledzaus wrote that he would have to violate county policy in terms of transparency.
“CACs are supposed to be a partnership between the community and the police,” Sledzaus said. “Partners should not dictate to the other, but that is what happened with the mandates presented in the Chief’s 4/25/2023 email.”
Last week, Patch requested a clarification from the county about what authority gave Davis the ability to set or change rules governing the Community Advisory Councils. On Tuesday, a county spokesman responded with the following statement:
“The decision to change the Reston Community Advisory Committee (CAC) meeting format, and to discontinue recording the meetings, was made in response to privacy concerns expressed by community members. Only the Reston CAC previously recorded meetings in a hybrid format. There have been no issues or concerns from the other CACs with respect to the format. The Fairfax County Police Department (FCPD) does not object to officers being recorded in the performance of their duties.
“The Community Advisory Committees and the Community Advisory Council are not considered public bodies because, among other things, their role is advisory to a county agency. Members of the CACs and the Council are selected by the Chief of Police or by the CACs or the Council. Consequently, committee and council meetings are not subject to Virginia’s open meeting law. Despite this, it is intended that committee and council meetings will remain open to the public.”
Megan Rhyne, a spokeswoman with the Virginia Coalition for Open Government, confirmed that any entity created by the chief is not subject to the state’s Freedom of Information Act meeting rules.
“FOIA applies to public bodies and public bodies are defined as legislative bodies/boards/commissions, etc., supported wholly or principally by public funds,” she said. “It does include subcommittees, but it refers to subcommittees ‘of the public body … or to advise the public body.'”
In other words, Davis is an individual and not a public body. As such, individuals can create an entity that is not a public body under FOIA’s terms for purposes of the meeting rules, according to Ryhne. However, that entity would still be subject to FOIA’s records rules.
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In regard to the livestreaming or recording of meetings, no public entity, including those created by an individual, is obligated to livestream or record a meeting in Virginia, Rhyne said.
“Having said that, we think they should record meetings and/or livestream them,” she said. “If we learned anything from COVID, it is that the public is much better served by increasing the number of ways they can observe and interact with the government. Electronic access has become an increasingly expected part of today’s public meetings. If they have the capability, they should be comfortable having citizens watch what work is being done in their name.”
Members of the public may “photograph, film, record or otherwise reproduce any portion of a meeting required to be open,” according to the Code of Virginia.
When asked if Davis’ new directive meant that a member of the public would be prohibited from recording CAC meetings, an FCPD spokeswoman said:
“Our Community Advisory Councils (CAC) are so meaningful to public safety in Fairfax County because they operate in a welcoming environment that encourages respectful dialogue and transparent information sharing between community members and police officers.
“We embrace the recording of police officers at these meetings. We also enthusiastically acknowledge the role of interested local media at these monthly and regularly scheduled events. We are very proud of our relationship with our CACs.
“Intimidation, bullying and antagonistic behaviors will not be tolerated. As such, we prohibit the targeted filming and recording of community members by non-media persons present at CAC meetings.”
The FCPD spokeswoman explained that members of the media and attendees who did not exhibit bullying or harassing behavior would be free to record CAC meetings. However, police would handle those acting in a harassing manner at a meeting the same way they would a person exhibiting similar behavior in the street.
The roots of the Reston CAC’s troubles can be traced back to just after the pandemic, when a new captain at the Reston District Station disbanded its Community Advisory Council and replaced it with monthly briefing by the station’s command staff, according to Sledzaus.
“For over a year and a half there was no Reston CAC committee,” Sledzaus said, in his letter. “In its place, the Reston Police District Station Command Staff took on the role of Chair and held monthly meetings that consisted of sterile, top down, police presentations with zero consideration of a CAC’s real purpose of listening and responding to the issues, concerns, and ideas from citizens and non-citizens alike. Average attendance at those meetings was never more than six.”
After attending committee meetings at the county’s other police stations, Sledzaus reached out to Davis and convinced him to reinstate the Reston Community Advisory Council. In February and March, the committee hosted presentations by the Office to Prevent and End Homelessness and the Fairfax County Sheriff’s Office.
“I do not know why Chief Davis is afraid of the Reston CAC or the other seven CAC’s holding, recording, and archiving, for those who may not be able to attend in person, hybrid meetings that are inclusive of community input and involvement and which promote the openness and transparency required by the One Fairfax Policy,” Sledzaus said.
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