Local Legislative Immunity Bill in Virginia Fails
Here's a curiosity relating to local official legislative immunity.
According to <a href="http://statehousenewsonline.com/2011/02/25/legislators-sponsor-unusual-…; target="”_blank”">an
article in statehousenewsonline.com on Friday</a>, Virginia state
senator Chap Peterson sponsored <a href="http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+SB845S1" target="”_blank”">a
bill to give local officials in Virginia legislative immunity</a>. The
bill would have added the following provision to the state code, using the U.S. Constitution's "speech or debate" language:<ul>
An elected member of a local governing body shall not be
compelled by law to be questioned on any speech or debate engaged in by
the
elected member during the exercise of his legislative powers without
leave of
court. However, the provisions of this section shall not restrict the
power of
the local governing body to regulate the conduct of its members.</ul>
The impetus for this bill was a suit filed against the town of Vienna,
in which the suing party wanted to ask council members why they voted
on an application to change an historic district. The court found that
the officials were protected by immunity from having to do this. A recent Virginia Supreme
Court decision on a charge of defamation, <a href="http://www.courts.state.va.us/opinions/opnscvwp/1091693.pdf" target="_blank">Isle of Wight County v. Nogiec</a> (Jan. 13, 2011),
found that local officials have an absolute privilege with respect to
situations "when the legislative body is acting in its legislative
capacity — i.e., when it is creating legislation — rather than in its
supervisory or administrative capacity," where they have only a
qualified privilege. The case involved a communication made by an
assistant county administrator to a member of a county’s board of
supervisors during a board meeting.<br>
<br>
But Sen. Peterson wanted to be sure, and he wanted to cover all the
bases, not just defamation. And so did the state senate, barely, since <a href="http://lis.virginia.gov/cgi-bin/legp604.exe?111+vot+SV0346SB0845+SB0845…; target="”_blank”">the bill
somehow passed the senate by a vote of 20-20</a>. However, <a href="http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=sb845&q…; target="”_blank”">the
house rejected the bill</a> in a voice vote.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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