Martinsville Commonwealth’s Attorney G. Andrew Hall is raising sharp concerns about the city’s handling of the report that led to the recent termination of former City Manager Aretha Ferrell-Benavides’ employment contract.
Although City Council voted in August to authorize its attorney to share pertinent information with him for possible criminal proceedings, Hall said what he received was inadequate.
“I think one of them said (to forward) the pertinent information to the commonwealth attorney,” Hall said. “What we got is a highly redacted report. It’s just page after page completely blacked out. It paints a pretty damning picture of the city manager, but city council really isn’t mentioned.”
Hall said the lack of detail leaves him unable to determine whether charges could be pursued.
“It needs to be a little more definitive. I think, a lot more definitive,” he said.
Hall also questioned how the city handled concerns raised months before Ferrell-Benavides’ removal.
“The whistleblower started expressing his concerns in winter,” Hall said. The report indicates there was “nothing to respond to his legitimate concerns of the misappropriation and mismanagement of funds. Nothing was done for months and months and months and when they pivot, they focus their full glare on the city manager.”
Hall said city council has the authority to resolve the issue now.
“They can vote to release the entire report,” he said. “Two members are willing to do so, two are not, and one is on the fence.” He added that the council’s decision on release is going to be “key” in future proceedings.
“We agreed to turn over what they needed,” Mayor LC Jones said, noting “it’s very possible there is no criminal violation.”
He added council members did not redact the report themselves. “It’s not like we redacted it, council had no part in redaction,” he said. “The law firm’s job is to protect the city. Not council members, just the city.”
In response to a recent Freedom of Information Act (FOIA) request from this newspaper, officials said the records would be “withheld in their entirety pursuant” to several statutory exemptions, including personnel records, written advice of legal counsel, and investigator notes.
Most city council members said they support eventually releasing the report, although they disagree about the timing.
Jones and Vice Mayor Kathy Lawson say the document should remain sealed until the forensic audit is finished. Jones said the report, along with related materials, has been turned over to the city’s attorneys at Sands Anderson law firm and to outside agencies.
“It makes no sense at this point to put out anything to the public until the report is done,” Jones said. Once complete, “our attorneys can put out a conclusion with a full report of all the progress.”
Jones called the current version inconclusive. “There are council members trying to push for the report when the investigation is still in progress,” he said.
Lawson agreed. “There are ongoing investigations. That means that at this point in time, the attorney has said that we are not to release the report and what comes in the future will be exactly in the future,” she said.
Lawson also raised concerns about risks to city workers. “Employees were interviewed and… have the right to the attorney-client privilege,” she said. Even without names, she added, “people can figure out who said what.”
Other council members argue that residents deserve access now.
“The people of Martinsville paid for this investigation,” Council member Aaron Rawls said. “They have a right to know how individuals have conducted themselves in this public government.”
Rawls alleged that some council members are trying to hide information. He said he has been working with law enforcement independently.
“I spent several hours with law enforcement on Labor Day providing evidence and context that I hope will result in some degree of justice and order for our city,” he said. “We would have no evidence nor any prayer of finding justice without [courageous individuals who spoke up].”
Council member Julian Mei echoed Rawls’ call.
“I believe all of it (report) should be turned over to the Commonwealth’s Attorney, as that was what I believed council intended when we made our vote,” Mei said. “They can take things from there and determine what may or may not fall under their purview.”
Interim City Manager Rob Fincher said he has not yet seen the full report but expects to be briefed on parts relevant to his role.
“In fact, the motion that was done at the last city council meeting was to allow the attorneys to brief me on things that pertained to the city manager,” Fincher said. “It’s one of these things that everyone wants to know. I want to know. I’d love to know exactly what’s in it.”
Council member Rayshaun Gravely did not respond to requests for comment.
