Bentonville woman starts petition for investigation into Warren County officials for malfeasance and nonfeasance

Saying her pleas have fallen on the deaf ears of local government officials—as well as the Warren County Board of Supervisors—a Bentonville woman has begun a petition calling for an investigation into the malfeasance and nonfeasance of duty of the Warren County Administrator Doug Stanley, Building Official David Beahm, County Attorney Dan Whitten, and Board of Supervisors members Tony Carter, Linda Glavis, Tom Sayre, Daniel Murray, and Archie Fox.

Malfeasance is defined as “wrongdoing or misconduct especially by a public official” while nonfeasance is defined as “inaction that allows or results in harm to a person or to property.”

Kristie Sours Atwood, who lost her home to a fire in March 2015, hired Buracker Construction LLC, whose agent was listed as Martha Buracker, to clear debris and eventually to rebuild her family home.

After having issues with the home build, Atwood filed a claim with the Virginia Department of Occupational Professionals (DPOR) and was informed that Buracker Construction LLC was an unlicensed entity and has never held a contractor’s firm license in the State of Virginia, though it has operated as a business in Warren County since 2002.

Because of Buracker’s unlicensed status, Atwood was ineligible to draw from the Contractors Recovery Fund.  According to the DPOR website, the Virginia Contractor Transaction Recovery Act “provides relief to eligible consumers who have incurred losses through the improper or dishonest conduct of a licensed residential contractor.”

Despite the fact that Atwood has been trying to resolve the issue and get home repairs made, she said Sunday evening that she feels as if she is “on her own” and that Warren County “enabled” the building company to take advantage of her and her family during a vulnerable situation.

On Aug. 15, Ms. Atwood issued a  formal complaint of malfeasance and nonfeasance to Warren County Administrator Doug Stanley,  Building Official David Beahm, County Attorney Dan Whitten, and Board of Supervisors members Tony Carter, Linda Glavis, Tom Sayre, Daniel Murray, and Archie Fox.

Royal Examiner reached out to County Attorney Dan Whitten regarding Atwood’s complaint,  who stated via email,  “The Notice of Claim regarding this Complaint has been forwarded to the County’s insurance carrier, VACORP.  The County does not have any further comment  on the claim since the Notice of Claim has been sent to our insurance carrier.”

Royal Examiner has learned that on Aug. 21 Warren County Building Official David Beahm filed a civil summons for five counts of construction code violations against Buracker.  She has a court appearance scheduled for Wednesday, Sept. 5 in Warren County General District Court.

This is the first case of its kind ever filed in Warren County, according to a legal source, who said the form on which the summons was issued had to be created and approved by a Warren County judge.

As of late Sunday evening, there were 195 signatures–just five short of the goal set by the website hosting the petition, change.org.