Connect with us

EDA in Focus

County continues cloak of secrecy on EDA, citing “attorney-client privilege”

Published

on

County (and EDA) Attorney Dan Whitten, conferring with board members at a late 2018 BOS meeting. / File photo

Citing “attorney-client privilege” Warren County Attorney Dan Whitten has denied in full a Freedom of Information Act (FOIA) request filed by Royal Examiner on Jan. 2, 2019 seeking the identity, resume and CV (curriculum vitae) of the consultant hired by the Warren County Supervisors on behalf of the Front Royal-Warren County Economic Development Authority to examine debt service issues in which the town and county were overcharged related to debt service.

“The identity of the consultant is exempt from disclosure under the Virginia Freedom of Information Act. The applicable exemption sections are Virginia Code Ann. § 2.2-3705.1(2) which includes “[w]ritten advice of legal counsel to state, regional or local public bodies or the officers or employees of such public bodies, and any other information protected by the attorney-client privilege” and Virginia Code Ann. § 2.2-3705.1(3) which includes “[l]egal memoranda and other work product compiled specifically for use in litigation or for use in an active administrative investigation concerning a matter that is properly the subject of a closed meeting under § 2.2-3711.” The consultant is an expert engaged to aid legal counsel, and the identity of the consultant is exempt from disclosure. Accordingly, the resume and CV of the consultant are also exempt under the same code sections of the Virginia Freedom of Information Act,“ Whitten wrote, in denying Royal Examiner’s request.

When asked if Virginia State Police investigators were involved in the EDA audit, Whitten replied, “Any possible involvement of State Police would fall under the exemptions in Virginia Code § 2.2-3705.1(2) and Virginia Code § 2.2-3705.1(3).”

The response to the FOIA request was emailed at 3:56 p.m. on Wednesday, Jan. 9, just hours after the Warren County Board of Supervisors unanimously agreed to hire the Sands Anderson law firm on behalf of the EDA to represent the EDA in “unspecified legal matters.”

Whitten said the contract has a $50,000 legal fees cap, and no money has yet been spent. The motion at Tuesday’s regular board meeting to approve the contract states that the law firm will “provide legal counsel on a specific matter.”

That decision came after the Board of Supervisors held a closed session for consultation with legal counsel regarding accounting and debt service.

Whitten, who represents both the County and the EDA, said the firm would represent the EDA on a “specific legal matter.” He said the firm already represents the county and EDA on bond counsel issues, but the matter for which the firm was hired was a different matter.

When asked if there was a conflict of interest, with Whitten representing both the County and the EDA, Whitten stated, “It is not a conflict if the County and EDA are not adverse parties to each other, and both political subdivisions agree to my representation of both bodies. If the County wanted to take action against the EDA for any reason, there would be a conflict, and I would recuse myself.”

Warren County, on Dec. 21 approved an expense of $90,000 payment to an unidentified financial consultant who has been looking into overpayments the town and county made to the EDA relating to debt service.

On Dec. 20, Jennifer McDonald, former EDA executive director, resigned from that position after the EDA board held a number of closed sessions regarding debt and accounting services. See related story: EDA Director McDonald submits a resignation by email prior to Thursday meeting

On Oct. 31 Royal Examiner broke the story that the EDA had overcharged the Town of Front Royal over $291,278.264. See related story: EDA may owe Town of Front Royal nearly $300K

Front Royal, VA
84°
Mostly Cloudy
5:46 am8:39 pm EDT
Feels like: 86°F
Wind: 1mph NW
Humidity: 46%
Pressure: 29.97"Hg
UV index: 7
SunMonTue
90°F / 61°F
79°F / 57°F
79°F / 61°F
Local News27 minutes ago

Beth Macy Brings Congressional Campaign to Warren County Democratic Gathering

Home2 hours ago

A Gardener’s Guide to Surviving Your Pets

Historically Speaking3 hours ago

Why ‘Tom Sawyer’ Still Matters 150 Years Later

Opinion3 hours ago

Commentary: The Exemption Virginia Can’t Price and Won’t Stop

State News3 hours ago

New House Budget Strips Environmental Standards for Data Centers, Creates Commission Instead

State News3 hours ago

Spanberger Defends Wave of Vetoes as Frustrated Democrats Push Back

Community Events4 hours ago

Front Royal’s Juneteenth Celebration Returns for Third Year of Music, Food, and Community

Local News4 hours ago

Diabetes Reversal Group Brings Health Awareness Campaign to Valley Baseball League

Interesting Things to Know4 hours ago

Elder Abuse Awareness Day Highlights Hidden Harm Facing Older Adults

Agriculture5 hours ago

Right Tools Can Make Hobby Farming Easier and Safer

State News18 hours ago

In Albemarle County, Park’s Edge Residents Endure Stinking Floods, Rat Infestations, Fire Hazards

Obituaries19 hours ago

Frederick Nigel Lewis (1962 – 2026)

Local News20 hours ago

Virginia State Police Weekly Operations Seize Guns, Drugs, and Cash

Community Events20 hours ago

Historic Hike Explores Lost Belmont Vineyards in Warren County

State News24 hours ago

Injunction Pauses ‘Unconstitutional’ USDA Conditions for SNAP, WIC Funding to Virginia, Other States

National News24 hours ago

Strong Candidates in Alaska, Ohio Seen as Moving US Senate Races Toward Dems

State News1 day ago

Some Virginians with Past Felonies Can Apply to Seal Their Records, Starting Next Month

National News1 day ago

Virginia Superintendent Reaffirms to Congress Loudoun’s Commitment to Student Needs, Parental Cooperation

Business Growth Series1 day ago

Business Growth Series: Busy All Day and Still Not Growing? Here’s Why

Interesting Things to Know1 day ago

Do You Remember Your First Color TV?

State News1 day ago

No Way Out: How Virginia Law Fails Vulnerable Renters

Obituaries1 day ago

Bruce Wayne Evenson (1953 – 2026)

Interesting Things to Know1 day ago

The SALT Deduction: A Bigger Break for Homeowners

Home1 day ago

Driveway Alternatives Offer Greener and More Attractive Options Than Asphalt

Livestream - FR Cardinals1 day ago

Front Royal Cardinals Return Home Saturday to Face Woodstock River Bandits – June 13