By Jessica Dillon
A contentious Martinsville City Council meeting on Jan. 8 ended with the city’s newly completed forensic audit being referred to the Virginia State Police and the Martinsville Commonwealth’s Attorney following a heated debate over transparency, legal concerns, and closed-session procedures.
Council members initially discussed whether the audit should be publicly presented.
City Attorney Steve Durbin of the Sands Anderson law firm advised against receiving the report in open session, citing legal and confidentiality concerns.
“I would not recommend receiving the report in an open session,” Durbin said, noting that the audit contains “some confidential things that should be discussed in closed session.”
Interim City Manager Rob Fincher echoed that guidance.
“There are employee privacy concerns,” officials said. “There are potential constitutional issues with an open-session discussion at this time, and an open-session discussion would waive any privilege that council might wish to preserve.”
“I have read this very cautiously. We’ve been listening to the mayor of Martinsville for weeks, saying there’s no wrongdoing. The audit’s gonna show there’s nothing wrong,” council member Aaron Rawls said, and maintained that if that was accurate, why not receive the report in open session.
Rawls maintained that closed-session discussions limit transparency for the public.
“There’s no benefit to closed sessions for the community here,” Rawls said and questioned earlier statements from some council members suggesting there were no legal concerns in the report.
“So now you’re telling me there are actually serious legal issues and we need to hear about them in closed session before we do anything in open” session, Rawls said.
“The report was prepared to advise legal counsel to make recommendations to you on how to proceed,” Durbin said.
The council then voted on a motion to receive the report in open session.
“I must advise you once again what the special prosecutor advised,” Durbin said. “He would not take a stance on saying that it would not create an interference on his investigation, but if information is released that does interfere with his investigation, you may be subject to litigation.”
“Wait a minute. To clarify, was that an amended motion,” Council member Julian Mei asked.
“The vote was to call for question,” Vice Mayor Kathy Lawson said.
Having received this information and the precaution from Fincher, Mei said he was content to go into closed session.
“The original motion was to go into closed session,” Lawson said.
“To clarify. I think the item on the table was to discuss the cancellation of closed session, so a vote” in the affirmative would be to cancel closed session and receive the report in open session, Durbin said.
The council was in the process of voting on the motion when Jones abstained. Rawls asked if a reason was necessary for the abstention, and Jones began his explanation, which implied that Mei supported additional legal fees, and Mei commented.
“I’m speaking. Point of order,” Jones said.
“We had a council member sit right there and tell you that he don’t care what it cost,” Jones said.
The back and forth escalated until Jones banged the gavel, declared a five-minute recess, and, rising from his seat, headed in Mei’s direction on the dais.
Police Chief Chris Rhoads approached the dais.
“I’m done. I’m done. I’m done with this farce. You all can enjoy this,” Mei said.
Rawls and Jones exchanged words after Mei left the council chambers. Jones said, “You can’t be disrespectful.”
“Here’s your option, Citizens: do you want to let them give away your money and do nothing, or do you want to spend money fixing it,” Rawls asked.
“They want to spend your money,” Jones said. “He sat right there and told you he don’t care what it costs you as a citizen. The lawyer’s saying it could cost you. At least hear what we have to say. Why would you not hear what he has to say?
“For me, it doesn’t matter. It could go either way. I’m abstaining,” Jones said. “I don’t have a vote either way. But I’m not gonna let someone disrespect this meeting and keep talking. I’ve asked him. I asked him if he wants to go to recess and talk about it. It’s no pressure. Like nobody’s threatened him. C’mon, what is this? This grandstanding these guys are doing.”
Lawson said she thought Mei’s point was valid, and agreed “that we should hear what the attorney has to say.”
At some point during the discussion, Mei praised Durbin.
“He’s done a great job representing our best interests, and … I want to thank you and the firm you represent for serving as city attorney even though a citywide campaign to convince citizens that you are not the attorney has been attempted,” Mei said. “I am apologizing on behalf of the City of Martinsville for the treatment that you’ve received in the press and in other outlets.”
After the meeting resumed, Jones addressed comments from the audience.
“I’d ask everybody to please be respectful to this meeting,” the mayor said, chuckling. “And I don’t appreciate being called a p—y.”
The council elected to turn over the forensic audit by Brown Edwards, along with related correspondence, to the Virginia State Police and the commonwealth’s attorney.
Rawls proposed that the council receive a summary suitable for public release.
“I would like to move that within the next several days, Sands Anderson provide the council with a summary statement of things they feel are appropriate to share,” Rawls said.
