HENRICO PROFESSIONAL FIREFIGHTERS ASSOCIATION v. BD. OF SUP'RS OF HENRICO COUNTY

No. 80-1394.

649 F.2d 237 (1981)

HENRICO PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 1568, on its own right and as representative of its present and potential members; Richard A. McClure, in his own right and as President of the Henrico Professional Firefighters Association, Local 1568, Appellants, v. The BOARD OF SUPERVISORS OF HENRICO COUNTY; Eugene T. Rilee, Jr., in his capacity as Chairman of the Board of Supervisors of the County of Henrico; Charles M. Johnson, in his capacity as Vice Chairman of the Board of Supervisors of the County of Henrico; George W. Jinkins, Jr., in his capacity as member of the Board of Supervisors of the County of Henrico; Robert N. Johnson, in his capacity as member of the Board of Supervisors of the County of Henrico; Victor W. Kreiter, Jr., in his capacity as member of the Board of Supervisors of the County of Henrico; Frank A. Faison, in his capacity as County Manager of the County of Henrico; Martha C. Harwood, in her capacity as Administrative Assistant for Board Affairs, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1981.


Attorney(s) appearing for the Case

Michael S. Shelton, Richmond, Va. (Cohen, Abeloff & Staples, P.C., Richmond, Va., on brief), for appellants.

William G. Broaddus, County Atty., Richmond, Va. (John L. Knight, Michael K. Jackson, Asst. County Attys., Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, INGRAHAM, Senior Circuit Judge, and MURNAGHAN, Circuit Judge.


MURNAGHAN, Circuit Judge:

The case presents the question whether a government board that routinely permits individuals and representatives of organizations to present their views to it during regularly scheduled public meetings on any matters on which the board is empowered to act, may, through a single exception to the otherwise general rule, constitutionally prevent a representative of an association of its employees from presenting to it the collective views of...

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