VIRGINIA BEACH, Va. (WAVY) — There’s a possible lawsuit looming over the Virginia Beach School Board.

At issue, a closed door meeting concerning the superintendent of schools, Dr. Aaron Spence.

The board set a closed door meeting to talk about it.

Three board members, Victoria Manning, Carolyn Weems and Laura Hughes, then called an attorney who believes the meeting was illegal.

All three board members recently opposed extending Dr. Spence’s contract, and the superintendent had grievances against Manning and Hughes.

Hughes told WAVY.com that Spence did not like the performance evaluation she gave him this year.

According to attorney Kevin Martingayle, the board discussed his grievances in a closed door meeting on Aug. 13. Martingayle says that is in violation of the Freedom of Information Act. “These are things that are a matter of public interest and should be subject to public scrutiny.”

Martingayle said that Spence, who makes more than $250,000 a year, does not qualify for a grievance hearing as a cafeteria worker or teacher would.

“You’re talking about a highly compensated superintendent of a public school system. It is hard for me why there should be any secret discussions about work performance, and why there should be any secret grievance hearing,” he said.

Martingayle sent a letter to the deputy city attorney explaining his reasoning, citing another local case to reference, Moody v. City of Portsmouth.

Portsmouth city council was found in violation of FOIA for disciplining Councilman Bill Moody over an issue of closed door meetings and free speech.

Martingayle says it should be the goal of every public body to be as transparent as possible.

“I’m hoping we can find a way to resolve these infractions and prevent such behavior in the future.

Martyingayle said there are some pretty big consequences for violating this law, including fines and injunction against future behavior. He hopes to settle the dispute without a lawsuit that could be costly to taxpayers

He said he has spoken with the city attorney’s office and they’re working toward a meeting. WAVY reached out to the city attorney’s office and are waiting for a response.